Know the Laws

Take a moment to review the following links regarding Transition of Students with Disabilities to Postsecondary Education by the Education Department. Also review, Students with Disabilities Preparing for Postsecondary Education: Know Your Rights.

The laws that govern disability support services differ between secondary and postsecondary education as viewed below:

Legal Rights and Responsibilities

K- 12 Entitlements

Post-Secondary: Civil Rights

Regulations

Individuals with Disabilities Education Act (IDEA)

Section 504 (subsection D) of the Rehabilitation Act of 1973

Americans with Disabilities Act of 1990 (ADA)

Section 504 (subsection E) of the Rehabilitation Act of 1973

Intent

To provide a free appropriate public education (FAPE) in the least restrictive environment.

To ensure access to the educational program for persons otherwise qualified to meet the standards of the college.

Identification

Schools are responsible for identifying, evaluating and classifying students.

Students are responsible for self-identifying and providing appropriate documentation.

Educational
Plan

Schools are responsible for creating an individualized educational program (IEP).

IEP/504 Plan from high school does not continue into college. An accommodation plan must be developed with the college.

Service
Provision

Schools provide special education program and services as part of student’s schedule.

No special education. Accommodations are available for students who choose to use them.

Advocacy

Parents and school personnel advocate for the student.

Students are self-advocates. Parents are not actively involved.