| DIFFERENCES
BETWEEN HIGH SCHOOL AND UNIVERSITY DISABILITY SERVICES
Students in kindergarten through
the twelfth grade who have disabilities receive services through the federal
Individuals with Disabilities Education Act (IDEA) or the Rehabilitation
Act of 1973, Section 504, Subpart D – Preschool, Elementary, and Secondary
School. At the university level, students with disabilities are served
under the federal Rehabilitation Act of 1973, Section 504, Subpart E –
Postsecondary Education, and the Americans with Disabilities Act (ADA).
This chart compares IDEA (kindergarten through 12th grade) with Section
504 (Subpart E) and the ADA (university):
IDEA (kindergarten through 12th grade) compared to
Section 504 and ADA (university)
TYPE OF STATUTE
IDEA (kindergarten
through 12th grade)
Provides funding to states to ensure provision of free appropriate public
education for children with disabilities
Section 504 and ADA
(university)
Civil Rights statutes protecting persons with disabilities from discrimination
MAIN PROVISIONS
IDEA
Establishes procedural safeguards and the right to free appropriate public
education in the least restrictive environment
Section 504 and ADA
Because of a disability, a qualified person cannot be: excluded from participation
in, denied benefits of or be subjected to discrimination by any services,
program or activity
WHO IS PROTECTED
IDEA
Children falling into the 13 categories listed in the IDEA and requiring
special educational services to benefit from an education
Section 504 and ADA
Any person with a physical or mental impairment that substantially limits
a major life activity
EXTENT OF OBLIGATION
IDEA
Free appropriate public education ensuring a meaningful benefit from education
Section 504 and ADA
Equivalent access to educational and extracurricular programs
DELIVERY METHOD
IDEA
Individualized Education Plan (IEP)
Section 504 and ADA
No formal plan. Worked out
on a case-by-case basis with the institution's Student Disability Services
Office
SERVICES AVAILABLE
IDEA
Supplemental Aides and Services
Occupational Therapy
Speech and Language Therapy
Notetakers
Counseling
Tutoring
Resource Room
Paraprofessional Aides
Testing Modifications
Adaptive Equipment
Section 504 and ADA
Reasonable Accommodations and Academic Adjustments
Notetakers
Interpreters for deaf students
Testing Accommodations
Priority Registration
Real-Time Translation (CART)
Note: Specialized counseling, tutoring, and personal aides are NOT required
by Section 504 or ADA, but access to these services where provided to
others is required.
STUDENT'S RESPONSIBILITY
IDEA
Do one's best
Section 504 and ADA
Disclose disability
Provide documentation
Facilitate provision of reasonable accommodations
Attend class
Use accommodations appropriately
Speak up if trouble arises
The law does not require parental involvement and such involvement is
discouraged in college (because the student is an adult).
ENFORCEMENT
IDEA
Due Process:
(1) impartial hearing;
(2) state review (appeal) (for those states that have a two-tiered process);
then
(3) federal court
Section 504 and ADA
Internal grievance procedure and/or complaint to the federal Office of
Civil Rights and/or go directly to federal courts
FUNDING
IDEA
Federal funds to states to support special education programs
Section 504 and ADA
No funding attached.
Costs are incurred by the institution.
GRIEVANCE
IDEA
Administrative due process procedures as outlined in state education law
Section 504 and ADA
Internal grievance or federal Office of Civil Rights
CAVEATS
IDEA
If it's not on the IEP you won't receive it
Section 504 and ADA
Accommodations must be reasonable.
As circumstances warrant, accommodations may change over time.
There is no "plan" to be set up and trial and error may be a
necessary part of the process.
Universities are not required to "fundamentally alter" their
programs or incur "undue hardship"
Source: Jo Anne Simon, Esq.
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