Question
| Secondary | Post-Secondary |
What is the law?
| IDEA Individuals with Disabilities Education Act http://idea.ed.gov
Section 504 of the Rehabilitation Act of 1973 http://Section504.gov
| ADA (Americans with Disabilities Act of 1990 http://www.ada.gov
Section 504 (Subpart E) of the Rehabilitation Act of 1973 http://Section504.gov
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| What is the intent of the law? | IDEA: To provide a free and appropriate public education (FAPE) in the least restrictive environment to students with disabilities.
Section 504:
To ensure that no otherwise qualified person with a disability is
denied access to, benefits of, or is subjected to discrimination in any
program or activity provided by any entity that receives federal funds
of any kind.
| ADA: Allows
eligible individuals with disabilities the same access to programs,
activities and services as their nondisabled peers. ADA’s main purpose
is to extend the legal mandate of Section 504 beyond recipients of
federal funds.
Section 504: To ensure that no otherwise
qualified person with a disability will be denied access to, or the
benefits of, or be subjected to discrimination by any program or
activity provided by any entity that receives federal funds of any kind.
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Who is covered under the law?
| All infants, children and youth requiring special education services until age 22 or graduation from high school. | All
qualified individuals with disabilities who meet the entry age level
criteria or particular program entry criteria of the college and who
can document the existence of a disability as defined by Section 504
and/or ADA.
|
What is a disability?
| IDEA: 13 disability classification areas are defined in IDEA and include types of specific disabilities.
Section 504/ADA: Has no specific list. A person with a disability is defined as anyone who has:
(1)
any physical or mental impairment which substantially limits one or
more major life functions; (2) a history of such an impairment; or
(3) is regarded as having such an impairment. | ADA: In addition to what is covered in Section 504, ADA also includes HIV status and contagious and non-contagious diseases.
Section 504: - see description under “Secondary.”
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Who is responsible for identifying and documenting the need?
| School
districts are responsible for identifying, evaluating and planning
educational services at no expense to the parent or individual. | Students are responsible for self-identification and for obtaining
disability documentation from a
professional
who is qualified to assess their particular disability. The student,
not the institution, assumes the cost of the evaluation.
|
Who is responsible for initiaiting service delivery?
| School districts are responsible for identifying students with disabilities and providing special instruction, Individualized
Education Plans (IEPs), transition services as delineated in an IEP and accommodations. | Students are responsible for notifying the Disability Support Services staff of their disability and of their need for
accommodations.
Accommodations, (not separate special education programs), are provided
on a case-by-case and semester-by-semester basis in order for students
with disabilities to have equal access to the institutions’ programs,
services and activities.
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Who is responsible for enforcing the law?
| IDEA is basically an entitlement statute, enforced by the Office of Special Education and Rehabilitation Services in the U.S.
Department of Education. Section 504 is a civil rights statute enforced by the Office for
Civil Rights (OCR), U.S. Department of Education.
| Section 504 is a civil rights statute enforced by the Office for Civil Rights (OCR), U.S. Department of Education.
ADA is a civil rights statute enforced by the U.S. Department of Justice. |
What about self-advocacy?
| The
parent or guardian is the primary advocate. Students with disabilities
should learn about their disability, the importance of self-advocacy,
the accommodation(s) they need and ways to become a self-advocate.
Students with disabilities from age 14 on must be invited to participate
in the IEP process. If the student does not attend, the district must
ensure that the student’s preferences and interests are considered. | Students
must be able to communicate what their disability is, their strengths,
weaknesses and how the disability impacts and functionally limits major
life
activities. They must be able to identify and justify any requested accommodations. The Family Educational Rights Privacy Act
(FERPA)
guarantees student confidentiality. Conversations with parents
regarding confidential information, without written consent from the
student, are illegal.
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