Common Questions |
Secondary education |
Post-secondary education |
---|---|---|
What is the law? |
IDEA (Individuals with Disabilities Education Act) |
Sec. 504 of the Rehabilitation Act of 1973; ADA (Americans with Disabilities Act of 1990) |
What is the intent of the law? |
Free appropriate education for all students with disabilities in the least restrictive environment. |
Ensure that no otherwise qualified person is discriminated against in federally funded programs. |
Who is covered under the law? |
All infants, children and youth requiring special education until age 21 or graduation from high school. |
All qualified persons who meet entry criteria of the college and can document a disability as defined by ADA. |
What is a disability? |
IDEA provides a list of disabilities and includes specific learning disability. |
Any physical or mental impairment that substantially limits one or more major life activities. |
Who is responsible for identifying and documenting need? |
School districts are responsible for identifying, evaluating students, and planning educational programs. |
Students are responsible for self-identifying to the college and providing documentation of their disability. |
Who is responsible for initiating service delivery? |
School districts are responsible for providing special instruction, individualized instruction plans, and/or accommodations. |
Students are responsible for requesting disability services and/or accommodations. These are provided at no cost to the individual. |
What related services are mandated? |
School districts must provide rehabilitation counseling, medical services, personal aides, social work and other services as needed in the school day. |
Colleges provide physical, academic, and program access. Related services of a personal nature are the responsibility of the individual. |
What about self-advocacy? |
The parent or guardian is the primary advocate. Students learn about their disability, the accommodations they need, and ways to become a self-advocate. |
Students are expected to be their own advocates. |
Who is responsible for enforcing the law? |
IDEA is basically a funding statute, enforced by the Office of Special Education and Rehabilitation Services in the U.S. Department of Education. |
ADA/504 are civil right statutes, enforced by the Office for Civil Rights (OCR), the Department of Justice, and the Equal Employment Opportunity Commission (EEOC). |