Legal Issues
Section 504 of the Vocational Rehabilitation Act of 1973, the Americans with Disabilities Act (ADA 1990), and the ADA Amendments Act of 2009, are the laws that define support services and access at the college level. Although Section 504 is applied in public education as well as in colleges, the Individuals with Disabilities Education Act governs K-12 adaptations. Although these laws are similar in their intent to provide qualified individuals with disabilities the right to equal access, there are notable differences between the two.
Under IDEA, the schools are responsible for identifying, evaluating, and planning for students with disabilities. Under 504 and ADA, the student is responsible for providing required documentation and requesting appropriate, supported accommodations. Section 504 and ADA further state that the student must be “otherwise qualified.” It is important to note that the status of “otherwise qualified” may change over time. For example, a student may have been able to participate fully in a residential full-time day college upon admission, but then developed significant mental health issues. He/she may no longer be “otherwise qualified” at that point. The following information should answer questions about these differences:
High schools must:
Identify students with disabilities.
Provide assessment of learning disabilities.
Involve parents in decision-making.
Provide non-academic services.
Structure the student’s weekly schedule.
Modify educational programs.
Prepare Individual Education Plans (IEPs).
Provide a free and appropriate education.
Help each student reach his/her potential.
Post-secondary institutions must:
Protect the student’s right to privacy and confidentiality (this includes conversations with parents). Provide access to programs and services that are offered to non-disabled students.
Make information available to students regarding office locations and procedures for requesting accommodations.