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Office of Accessibility : Legislation

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Eligibility Forms

Attention Deficit/Hyperactivity Verification

Hearing Disability Verification

Learning Disability Documentation

Medical Disability Verification

Mobility Disability Verification
Psychiatric Disability Verification

Traumatic/Acquired Brain Injury

Vision Disability Verification


Misc. Forms

  • Release of Information Consent Form
  • Confidentiality Permission to Consult



Generic
no links

Legislation

The Rehabilitation Act of 1973 Sections 501 and 505:

www.eeoc.gov/policy/rehab.html

Americans With Disabilities Act:

www.ada.gov/publicat.htm#Anchor-14210

Individuals with Disabilities Act:

http://idea.ed.gov

Legislative Links:

www.ed.gov/index.jhtml

www.ada.gov


What is the Difference Between IDEA and the ADA?


Individuals with Disabilities Education Act (IDEA)
A federal law outlining the responsibilities of public schools (K-12) in regards to providing an appropriate education to students with disabilities. High schools are required under IDEA to identify the education needs of students with a disability and provide a free and appropriate education. IDEA law, along with its numerous re-authorizations, reflects the nation's commitment to educating all its children, whether they have disabilities or not. Fundamentally, 94-142 and its successors (including the Individuals with Disabilities Education Act of 1990 and IDEA Improvement Act of 2004) said that public schools, with parental input and appropriate assessments, would determine what was most appropriate for a child's education. They were required to provide that education once an individual has reached their majority under the law, and the rules change. The principles of 94-142 and IDEA, including the required IEP (Individualized Education Program), no longer apply. Note: 504 Plans, under which many students are now served in high schools, are no longer valid either.
Americans With Disabilities Act (ADA)
In 1990, Congress passed the Americans with Disabilities Act. Modeled on section 504 of the Rehabilitation Act of 1973, ADA is a civil rights law. It prohibits discrimination on the basis of disability, as long as the person is otherwise qualified. In the case of publicly funded colleges and universities, ADA affirms the right of a student with a disability to a level playing field.
That means that a college or a university must ensure equal access to all students who are otherwise qualified. Access means more than ramps and elevators and wide parking spaces. It also means access to information and to technology. Therefore, colleges and universities must make reasonable accommodations for a student's disability, so a student may be able to demonstrate their ability. However, civil rights laws and the reasonable accommodations they call for are in no way intended — nor are they able to guarantee success. At most, a student can expect a more equal chance to do the same work as their peers.


DIFFERENCES BETWEEN HIGH SCHOOL AND COLLEGE

FOR STUDENTS WITH DISABILITIES

IDEA vs. ADA


           Secondary School

Higher Education

Education is a right under IDEA and must be provided in an appropriate environment to all individuals.

Success

Education is not a right. Students must meet admission criteria defined under ADA as "otherwise qualified"

Access

School district is responsible to identify a student's disability

Students must self-identify

School district provides free testing, evaluation, and transportation to program

Student must provide current and appropriate documentation as defined by the college; if documentation from high school is not adequate, student pays for additional testing

Transition planning and timelines exist to clarify students' vision, identify programming choices and coordinate appropriate coursework options

Students make all coursework selections

School district develops IEP to define educational supports and services under special education

No IEP/Special Education in college

IEP Team (including student) determines IEP supports and services that will be provided

Student is responsible to self-identify and self-disclose

Students work with their Disability Services office to determine eligibility and appropriate accommodations

Access to general curriculum, necessary modifications, and a variety of appropriate accommodations are available

No fundamental alterations to the curriculum are made; academic accommodations are provided  to students with documented disabilities as defined by ADA

Personal services for medical or

physical disability are required

No personal services are required

(No personal care assistance provided)



                                              
  

Differences in High School and College:

   DEPENDENCE vs. INDEPENDENCE



Secondary School

Higher Education

School year is September to June

School year is August-December, January-May

The main office exists as the center of activity for school.

Students are responsible to know where to locate information, assistance, study support

Rigid schedule with constant supervision

Greater flexibility of scheduling

Classes meet daily

Classes meet weekly not daily

Attendance is taken

Attendance policies are at discretion of instructor

Guidance counselors or other staff schedule support services for students

Students connect with disability services staff to arrange support services Office of Accessibility (Main campus) Academic Enrichment Center (Health Science campus)

Someone is available to help plan study time (teachers, SPED, parents)

Student responsible for setting and following through on all scheduling and study time

Classes generally held in one building

Classes are held at many different sites on campus

Average class is 35 - 45 minutes

Class times vary from 50 minutes - 4 hours

Daily contact w/teachers and support staff

Classes meet less frequently, impacting access to instructors and assistance

School responds to parent concerns; parent permission required (until 18 years)

Student is an adult with all decision making authority; Parental contact is not permissible without a signed release on file (FERPA)

Students generally live at home

Students are responsible for housing, transportation, finances, etc.



Page updated: April 20, 2009
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