Individuals with Disabilities Education Act (IDEA), Section
504 (of the Rehabilitation Act of 1973), Americans with
Disabilities Act (ADA) , and Americans with Disabilities Act
Amendments Act of 2008 (ADAAA)
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Special Ed
Gen Ed
IDEA
Section 504
Education Law (Federal Statute)
Civil Rights Law
Purpose is to provide for FAPE for
children with disabilities.
Purpose is to provide individuals
with disabilities an opportunity to
participate to the greatest extent
possible.
Protected are all students with
disabilities that impact academic
success
Protected all students with
disabilities who are ‘otherwise
qualified’
Qualified students have a
disability that meets the criteria in
one or more of the 13 identified
categories.
Qualifications are having a
physical or mental impairment
that limits one or more of the
major life activities
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Major life activities include, but are not limited to:
Caring for oneself, performing manual tasks, seeing,
hearing, eating, sleeping, walking, standing, sitting,
reaching, lifting, bending, speaking, breathing, learning,
reading, concentrating, thinking, communicating,
interacting with others, and working; and
The operation of a major bodily function, including
functions of the immune system, special sense organs and
skin; normal cell growth; and digestive, genitourinary,
bowel, bladder, neurological, brain, respiratory,
circulatory, cardiovascular, endocrine, hemic, lymphatic,
musculoskeletal, and reproductive functions. The
operation of a major bodily function includes the
operation of an individual organ within a body system.
IDEA (PK -12)
504 (Post-Secondary)
Plan
IEP; specific information
and components required
in the IEP
A formalized plan is not
required in a postsecondary setting.
How services are
determined
Student is referred; school
conducts evaluation;
special programs,
accommodations and
related services are
provided by school
Student provides current
documentation of a
disability; student
requests accommodations
using procedures outlined
by the institution;
Services
The LEA provides a FAPE
in the LRE.
Classroom teachers
provide the IEP
accommodations as
needed.
Student success is
monitored by school.
Student requests
accommodation as
needed. Personal devices
and personal aides are not
provided. Success is the
responsibility of the
student.
Student Obligations Under ADA College Obligations Under ADA
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Self-identify to office of disability or
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Ensure that qualified applicants and
accessibility services that she/he has a
students have access to the college's
disability (following the specific college's
programs.
stated policies and procedures)
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Provide appropriate documentation of
disability
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Request desired accommodation(s)
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Follow the agreed-upon procedures for
using accommodations
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Provide reasonable accommodations for
the student's documented disabilities
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Demonstrate a good faith effort to
provide the student with meaningful
access
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IDEA is education legislation and ends with
graduation from high school; 504 protection
does not end.
Process may be different
◦ Formal 504 Plans are required in Pk-12 education;
accessibility is required at the post secondary level.
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FAPE is required in PK-12; Accessibility is
required in post-secondary institutions.
Equal housing accessibility is required if
housing is available to other students.
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Disclosure is not required
The determination of when or whether to
disclose during the admissions process
should be considered on a case-by-case
basis.
Students may want wait on the admissions
decision before disclosing information.
◦ An appeal to the admissions committee may be
appropriate if the student is not admitted.
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Visit with the office of disability or
accessibility services.
Submit documentation after being accepted.
Make an appointment with the disability
services office and discuss appropriate
accommodations or adjustments.
Students are required to submit
documentation ONLY if they want to use the
services of disability services.
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Current documentation is required.
◦ Current may be defined differently depending on
the condition and the setting. Specific standards are
not uniform.
◦ Post-secondary institutions should provide the
student with the guidelines for required
documentation.
◦ Documentation must be from a qualified
professional.
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The student must follow the process
guidelines established by the institution.
The requests must be in a timely manner.
The student must be “otherwise qualified”
◦ a person with a disability who meets the essential
requirements but needs a reasonable
accommodation to meet those requirements is
otherwise qualified.
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The available, appropriate accommodation
will depend on the student’s documentation
and the situation.
Typical academic accommodations:
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Using note takers
Using recording devices
Extended time for tests
Quieter area for tests
Interpreters for students with hearing impairments
Enlarged print or Braille copies as needed
Course substitutions (typically not course waivers)
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Some variation at different institutions
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Meet with the service provider
Provide documentation
Request the accommodation in a timely manner
Meet the instruction
Carry out the plan
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The student is responsible for providing the
documentation.
The institution may be able to help connect
the student with agencies or evaluators.
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If the student is 18 or older, the student
typically must give permission for the parent
to have access or information.
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Encourage students to use needed
accommodations
The number of students using support
services continues to increase, and many of
the students are highly successful.
Often students keep the disabilities services
provider informed even for issues not directly
related to the disability. If he/she cannot
resolve an issue, the provider can often help
the student consider solutions and can make
referrals.