Entitlement vs. Eligibility
The Differences Between Public and
Postsecondary Education for
Individuals With Disabilities
March 30, 2011
Gus Ekhardt, M.Ed.
Federal Laws Applicable for
Students with Disabilities in
Public School (K-12)
• The Individuals with Disabilities
Improvement Act (IDEIA 2004)
• The Rehabilitation Act of 1973 (Section
504)
• Americans with Disabilities Act of 1990
(ADA)
Individuals with Disabilities
Improvement Act (IDEIA 2004)
IDEIA (2004) describes what students are
entitled to receive during their public
school career.
Key Differences at the
Postsecondary (College) Level
• Legal rights and responsibilities for college
students
• Legal differences between secondary and
postsecondary education
• Increase in complexity and unpredictability
• Change in student responsibilities
Federal Laws that Apply to
Postsecondary Education
• Americans with Disabilities Act
• Section 504 of the Rehabilitation Act
Rehabilitation Act of 1973
(Section 504)
• A civil rights law enacted to eliminate
discrimination on the basis of disability in
any program receiving federal assistance
• Section 504 of this law prohibits the denial
of public education participation because
of a child’s disability
Americans with Disabilities Act
of 1990 (ADA)
• A civil rights law enacted to provide
person’s with a disability protection from
discrimination based on disability
• ADA states that no otherwise qualified
individual with a disability is denied access
to the benefits of or is subject to
discrimination based solely on their
disability
Legislative Purpose
To provide equal opportunity for individuals
with disabilities to access education.
Determining a Disability
• The college has no obligation to identify
students with disabilities
• Students must document the existence of
a disability as defined by Section 504 and
ADA
Fundamentals
• Students must self-identify
• Documentation of disability must be
comprehensive, qualified, and current
• Documentation must establish a disability
that significantly limits learning and
supports specific requested
accommodations
The student, not the school is
responsible for obtaining disability
documentation.
Documentation Requirements
Necessary to Receive Support
Universal
• Clearly stated identification of disability
• The student’s functional limitations in an
academic environment – impact of the
disability
• The signature, printed name, title, and
professional credentials of the evaluator
• Date of the evaluation
Must be Completed by a Qualified
Individual
Licensed Psychologist
Neuropsychologist
Psychiatrist
Medical Doctor
Information must be current
within 3 years
Diagnosis & DSM Code
Reasonable Accommodations
Considered on a course by course basis,
once disability status is determined.
Self-Advocacy
• Student must be able to describe their
disability and identify their strengths and
areas of need
• Student is responsible to identify any
accommodations needed
• Student must become a competent selfadvocate
Communication Templates
Reduce anxiety
Increase effectiveness
Instruction
Professors are not required to modify or
alter assignments and deadlines.
Grades & Tests
• Any changes to how tests are given
(extended time, test proctors) are available
only when supported by disability
documentation
• Professors expect students to read, save
and consult the course syllabus which
details course expectations, assignments,
and grading
Student Responsibilities
• Students must be able to structure their
own time
• Students will need to study at least 2 to 3
hours for each hour of class time
• Tutoring services do not fall under
disability services accommodation
requirements
Support Systems
• These systems exist and are available
• The student must seek out, ask for the
help, and follow through
Resources
• National Clearinghouse on Postsecondary Education for Individuals
with Disabilities: http://www.heath.gwu.edu
• Association on Higher Education and Disability:
http://www.ahead.org/
• National Secondary Transition Technical Assistance Center:
www.//nsttac.org
• Pennsylvania Training and Technical Assistance Network:
www.pattan.net
• Financial Aid for Students through the US Department of
Education’s Office: http://www.ed.gov/index.jsp
• The Financial Aid Information Page: www.finaid.org
• Pennsylvania Career Zone: http://www.pacareerzone.org