How Disability Services Differ Between High School and College

IDEA is a federal law that governs special education delivery for children ages 3-21 (or until high school graduation). An Individualized Education Plan (IEP) is developed by the educational team for each child and indicates how a child’s education will be individualized to best serve him or her. The focus of IDEA is to ensure that students are successful in the K-12 system.

Section 504 of the Rehabilitation Act of 1973 is a law that protects students from discrimination based on their disabilities.

Subpart D of the act applies to grades K-12, and Subpart E applies to postsecondary institutions. A 504 Plan is developed when a K-12 student needs certain accommodations and modifications to either the physical space in the school or the learning environment.

However, a 504 Plan indicates that there is no need for special education (if there were a need for special education, the student would have been given an IEP as discussed above in the IDEA section).

It is very important to understand that IEPs and 504 Plans do not suffice as adequate documentation to accompany a student to a postsecondary institution since both are required under laws that do not apply once the student attends college.

Although students are covered under Section 504 once they get to college, it is a different subpart, as noted above. While IEPs and 504 Plans are sometimes helpful to colleges in determining appropriate reasonable accommodations, they are insufficient as the sole forms of documentation of a disability.

The Rehabilitation Act Amendments of 1998 covers access to federally funded programs and services.

The law strengthens Section 504 of the Rehabilitation Act and requires access to electronic and information technology provided by the federal government. Federal agencies must ensure that this technology is accessible to employees and members of the public with disabilities to the extent that it does not pose an “undue burden.”

Section 508 speaks to various means for disseminating information, including computers, software and electronic office equipment. It applies to, but is not solely focused on, federal pages on the internet. It does not apply to web pages of private industry.

The ADA is a federal civil rights law designed to provide equal opportunity for people with disabilities.

While legislation for K-12 persons with disabilities is focused on student success, the ADA, as it applies to the college environment, is focused on making sure that students with disabilities have access to the various programs, services and activities of the university.

That is not to say that colleges are not interested in student success, and most provide a wide array of academic support services that are designed to help all students perform at their highest level. It does mean that the federal laws that may have required certain accommodations in K-12 are different than those for colleges and universities.

The ADA ensures equal access and opportunity and also protects persons with disabilities from discrimination. While the ADA does require colleges to make reasonable accommodations to allow a student to fully demonstrate his or her level of learning and to fully participate in the college experience both in and outside of the classroom, the ADA does not require colleges to provide special educational services, therapies or curriculum modifications that fundamentally alter the nature of the academic course or the major program of study.

The ADAAA retains the ADA’s basic definition of “disability” as an impairment that substantially limits one or more major life activities, having a record of such an impairment or being regarded as having such an impairment. However, the ADAAA expands the definition of “major life activities” by including two non-exhaustive lists:

• Activities that the Equal Employment Opportunity Commission (EEOC) has recognized (such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working) – plus other activities that include eating, sleeping, lifting, bending, reading, concentrating, thinking and communicating

• Major bodily functions, such as the immune system and normal growth, and digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine and reproductive functions