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Secondary Vs. Post-Secondary
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| Secondary education | post-secondary education | |
| What is the law? | IDEA (Individuals with Disabilities Education Act) | Sec. 504 of the Rehabilitation Act of 1973; ADA (Americans with Disabilities Act of 1990) |
| What is the intent of the law? | Free appropriate education for all students with disabilities in the least restrictive environment. | Ensure that no otherwise qualified person is discriminated against in federally funded programs. |
| Who is covered under the law? | All infants, children and youth requiring special education until age 21 or graduation from high school. | All qualified persons who meet entry criteria of the college and can document a disability as defined by ADA. |
| What is a disability? | IDEA provides a list of disabilities and includes specific learning disability. | Any physical or mental impairment that substantially limits one or more major life activities. |
| Who is responsible for identifying and documenting need? | School districts are responsible for identifying, evaluating students, and planning educational programs. | Students are responsible for self-identifying to the college and providing documentation of their disability. |
| Who is responsible for initiating service delivery? | School districts are responsible for providing special instruction, individualized instruction plans, and/or accommodations. | Students are responsible for requesting disability services and/or accommodations. These are provided at no cost to the individual or family. |
| What related services are mandated? | School districts must provide rehabilitation counseling, medical services, personal aides, social work and other services as needed in the school day. | College provide physical, academic, and program access. Related services of a personal nature are the responsibility of the individual or family. |
| What about self-advocacy? | The parent or guardian is the primary advocate. Students learn about their disability, the accommodations they need, and ways to become a self-advocate. | Students are expected to be their own advocates. |
| Who is responsible for enforcing the law? | IDEA is basically a funding statute, enforced by the Office of Special Education and Rehabilitation Services in the U.S. Department of Education. | ADA/504 are civil right statutes, enforced by the Office for Civil Rights (OCR), the Department of Justice, and the Equal Employment Opportunity Commission (EEOC). |
Adapted from: Kay McVey, Faculty Development Specialist, PROJECT CONNECT, Henderson State University; Arkadelphia, Arkansas