Postsecondary Disability Law

For students who received accommodations in high school, it is important to understand some legal difference pertaining to accommodations in college.  For students who have never received accommodations, it is helpful to have an understanding of the laws which inform your rights and responsibilities.  Three legal mandates pertaining to students with disabilities include:

  • The Individuals with Disabilities Education Act (applies to the K – 12 setting)
  • The Rehabilitation Act, Section 504
  • The Americans with Disabilities Act, as amended

In the secondary setting, 504 and IDEA apply.  As students transition to the postsecondary setting, 504 and the ADA apply.  Some of the differences among these laws are explained below.

What is the intent of the law?

In the secondary setting, IDEA requires schools to provide a free, appropriate public education in the least restrictive environment to students with disabilities.  In the postsecondary setting, the ADA ensures that no otherwise qualified person with a disability is denied access to, or benefits of, or is subjected to discrimination, in the university’s programs, services, or activities.

Who is covered under the law?

In the secondary setting, any student requiring special education services until age 21 or upon graduation from high school is eligible.  Disability is defined under 13 IDEA categories.  In the postsecondary setting, any otherwise qualified individual who meets criteria for entry to college and who can document the presence of disability as defined by the ADA is eligible.

Who is responsible for identifying the need?

In the secondary setting, school districts are responsible for identifying, evaluating, and planning for education services at no expense to the parent or student.  In the postsecondary setting, students are responsible for self-identifying to request accommodations, and for obtaining evidence of disability from a qualified professional.  The student assumes the cost of the evaluation.

Who is responsible for initiating service delivery?

In the secondary setting, schools distracts are responsible for identifying students with disabilities and providing special instruction, individualized education plans (IEPs), and/or accommodations.  In the postsecondary setting, students are responsible for notifying ODS of the need from accommodation.  Accommodations are provided to ensure equal access to programs, services, and activities.  Personal services are not part of accommodation.