| What
is the law? |
IDEA:
Individuals with Disabilities Education Act 504: Section
504 of the Rehabilitation Act of 1973 ADA:
Americans with Disabilities Act of 1990 |
504:
Section 504 of the Rehabilitation Act of 1973, particular
reference to Subpart EADA: Americans with Disabilities
Act of 1990 |
| What
is the intent of the law? |
IDEA:
To provide a free, appropriate public education in the
least restrictive environment to identified students with
disabilities, including special education and related
services.
504/ADA: To ensure that no other-wise qualified person
with a disability is denied access to, benefits of, or
is subject to discrimination solely on the basis of disability. |
504/ADA:
To ensure that no other-wise qualified person with a disability
is denied access to, benefits of, or is subject to discrimination
solely on the basis of disability |
| Who
is covered under the law? |
IDEA:
All infants, children and youth requiring special education
services until age 21 or graduation from high school. |
504/ADA:
All qualified persons with disabilities who, with or without
reasonable accommodations, meet the college's admissions
requirements and the specific entry level criteria for
the specific program and who can document the existence
of a disability as defined by Section 504. |
| What
is a disability? |
IDEA:
A list of 13 disability classification areas are defined
in IDEA and include specific learning disabilities.
504/ADA: have no such list. A person with a disability
is defined as anyone who has:
1.
any physical or mental impairment which substantially
limits one or more major life functions;
2. a history of such an impairment
3. or is regarded as having such an impairment.
|
504/ADA:
A person with a disability is defined as anyone who
has:
1. any physical or mental impairment which substantially
limits one or more major life functions
2.
a history of such an impairment
3.
is regarded as having such an impairment.
ADA:
also includes HIV status and contagious and non-contagious
diseases.
|
| Who
is responsible for identifying and documenting need? |
School
districts are responsible for identifying and evaluating
potential students with disabilities. When such a determination
is made, the district plans educational services for classified
students at no expense to the family. |
Students
are responsible for self-identification and for obtaining
disability documentation from a professional who is qualified
to assess their particular disability; cost of the evaluation
must be assumed by the student, not the post-secondary
institution. |
| Who
is responsible for initiating service delivery? |
School
districts are responsible for identifying students with
disabilities and providing special education programs
and services, including related services, and transition
services as delineated in an Individualized Education
Program. |
Students
are responsible for notifying the Disability Support Services
staff of their disability and of their need for reasonable
accommodations. Accommodations (not special education)
are provided on a case-by-case, as-needed basis in order
for students with disabilities to have equal access to
the institution's programs and activities. |
| Who
is responsible for enforcing the law? |
IDEA
is an entitlement law, enforced by the Office of Special
Education and Rehabilitation Services in the US Department
of Education. Local enforcement is the responsibility
of the individual state Departments of Education. |
504/ADA:
are civil rights statutes overseen by the Office of
Civil Rights (OCR), and the US Department of Justice
in conjunction with the Equal Employment Opportunity
Commission (EEOC). |
| What
about advocacy? |
The
parent or guardian is the primary advocate. Students with
disabilities from age 14 on must be invited to participate
in the IEP process. If the student does not attend, the
district must ensure that the student's preferences and
interests are considered |
Students
must be able to self-identify and discuss their disability
and needs in order to work with the Disability Support
staff to implement reasonable accommodations. The Family
Educational Rights Privacy Act (FERPA) guarantees
student confidentiality. Conversations with parents regarding
confidential information without written consent from
the student are illegal. |
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