Postsecondary Education & Training
Webinar 5
IDEA vs. ADA
and 504
PRESENTED BY:
The Center for Change in Transition Services
CCTS Contact Information
Email: ccts@seattleu.edu
Phone: 206.296.6494
http://www.seattleu.edu/ccts
CCTS Webinar Series
Welcome to the 2014-2015 Webinar series on
postsecondary education and training.
Presented by the Center for Change in Transition Services
(CCTS), a Special Education State Needs Project housed at
Seattle University and funded through the Office of the
Superintendent of Public Instruction (OSPI).
CCTS has been serving special need students, their
families and schools since 1990.
Registration
1) Everyone participating in the webinar
needs to type the following in the chat box
– Name
– Email Address
2) You will be sent a link following the
webinar to register for Clock Hours. You
must complete the registration process
to apply for clock hours!
Thank you for joining us today!
CCTS disclaimer
The information contained in this presentation and
webinar provides an overview of special education
requirements. However, this presentation is not
intended as legal advice. The state regulations that
implement IDEA are located in Chapter 392-172A
WAC. Outside resources are not intended to be an
endorsement of any service or product. District
personnel should always review their district’s
procedures and review questions with their
administrative staff.
2014-2015 Webinars
Accommodations
March 11th
Students with disabilities must seek their own accommodations after
leaving high school. This webinar will explore what to expect and how
this process works at different types of postsecondary institutions.
Affordable?
April 8th
Exploring financial aid resources and opportunities to finance
postsecondary education will be the subject of this webinar.
Transition Planning
May 13th
The focus of our final webinar will be preparing for a successful transition
by learning how to write postsecondary education goals into the IEP
and how to use the Summary of Performance (SOP) document
as a passport to education.
CCTS Introductions
Cinda Johnson
Ed.D., Principal
Investigator
Sue Ann Bube
Julia Schechter
Ed.D., Director
M.Ed., Doctoral
Research Assistant
Guest
Deborah Leuchovius
Program Director
PACER’s National Parent
Center on Transition and
Employment
www.pacer.org
952-838-9000
888-248-0822
Pacer Center Inc.
Bloomington, Minnesota
Closed Captioned (CC)
This webinar is closedcaptioned. To view the
captioning click on the CC
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Agenda
Overview
Impacts of legal differences
Resources & References
Overview
Legal differences
between K-12 &
higher education
WA Post-School Outcomes
Special Education 2011-2012
Barriers to engagement
IDEA governs
how supports are
provided in K-12
504 & ADA
protect individuals
with disabilities in
higher education
K-12
In K-12, there is a legal guarantee
under IDEA of a “free and
appropriate public education”
(FAPE). A structured framework
of services is provided that
includes:
• Significant parental involvement
• Publically funded assessments
• Substantial and fundamental modifications to the
curriculum
Wolanin & Steele, 2004
Higher education
Unlike the legal requirement
for services in high school,
there is no mandate for
colleges and universities to
provide special education,
individualized support
services, or free education.
Section 504, ADA of 1990 & ADAAA of 2008 prohibit
discrimination based on disability and ensure equal
access for those who are otherwise qualified.
McGuire, 2010
When does change occur?
Upon completing secondary education or reaching
the age of 22 years, students become responsible for
self-identifying and seeking services and protections
under Section 504 and the ADA.
Heath, 2006
Section 504 of the
Rehabilitation Act of 1973
As amended:
No qualified individual with a disability in the United
States shall, solely by reason of her or his disability,
be excluded from the participation in, denied the
benefits of, or be subjected to discrimination under
any program or activity receiving federal financial
assistance or any program or activity conducted by
any Executive agency or by the United States Postal
Service.
From GWU Heath Resource Center
ADA of 1990
The Americans with Disabilities
Act (ADA) of 1990 upholds and
extends the nondiscrimination
mandates set forth in Section
504 of the Rehabilitation Act
of 1973 to include both public
and private colleges and
universities regardless of their
receipt of federal financial assistance, but does
contain exceptions for private clubs and religious
entities.
From GWU Heath Resource Center
Shift in law
IDEA
Section 504
ADA
Birth to 21 years old
Any age
Any age
Must “qualify”
Identifiable disability
Identifiable disability or
regarded as so
Local, state and federal
Entities receiving federal
funds
Public accommodations
and private entities
IEP team
504 Coordinator
Upon request or see need
Specialized education
FAPE & accommodations
Reasonable
accommodations
“educational benefit”
“appropriate
accommodations”
“effective communication”
No comparisonindividualized
Compares to other disabled
students
Compares to hearing
students
National Association of the Deaf
504 Parts D & E Responsibilities
Area
K-12
Postsecondary
Identification
School district
Student
Evaluation
School district
Student
Payment for evaluation
School district
Student
IEP
School district
Not required
Course selection &
programming
School district
Student
Transition planning
School district
Student
Progress monitoring
School district
Student
Assuming educational costs
School district
Student/parent
Ensuring reasonable
accommodations
School district
Institution (upon student
eligibility)
Monitoring effectiveness
School district
Student
Madaus & Shaw, 2004
Fee for service
Colleges and universities cannot charge students for
the reasonable accommodations necessary to
provide equal access under Section 504 or the ADA,
but they may offer more individualized or intensive
services, not required by law, for a fee.
McGuire & Shaw
Enforcement
IDEA 2004
Section 504 & ADA
• Office of Special
Education (OSEP)
• Office of Civil Rights,
United States Dept. of
Education
Impacts of legal differences
Transition
Bridging the divide
IDEA reauthorizations in 1990 & 1997 were
amended to require transition services be included in
a student’s IEP.
Transition services are a coordinated set of
activities…designed within an outcomes oriented
process, which promote movement to post-school
activities, including post-secondary education…
IDEA Section 602(30)(A)
Prepare for transition
A critical dimension of transition services is to prepare
students with disabilities and their families for the
dramatically different rights and responsibilities they
will have in higher education compared to secondary
school.
Wolanin & Steele, 2004
IEP’s & SOP’s
Do not transfer to
postsecondary education, but
should prepare the student
for transition by containing
current evaluations and
assessments of student
needs (less than 3 years).
Gaining accommodations
Documentation of a disability in postsecondary
education institutions is reliant on:
• Student disclosure of disability
• Professional staff observation
of students’ disability
• A third party professional
assessment or evaluation
Washington Student Achievement Council
Accommodations
Postsecondary institutions are not required to:
• Lower or substantially modify essential requirements (i.e.,
yes on extended exam time but will not change test).
• Provide modifications that would result in undue financial or
administrative burden.
• Provide personal attendants or services of a personal nature.
USDE, Office of Civil Rights
Self-advocacy
• Gaining accommodations and support falls to the
students in higher education.
• Parents may support, but student must initiate.
• Many students do not want to disclose their
disability, only 28% of postsecondary students with
disabilities identified themselves as having a
disability and informed their postsecondary schools
of their disability.
NLTS2, 2011
Self-Determination
Support
Under K-12 & FAPE
Higher Education under
ADA & 504
Assessments & evaluations
Yes
No
Equipment and services
provided
Yes
No
Personal care attendants
Yes
No
Architectural Access
Yes
Yes
Aids & Services for
effective communication
Yes
Yes
Modified policies, practices,
procedures
Yes
Yes
Pacer & Washington Student Achievement Council
DVR
If a student with a disability is eligible
for services through the state Dept.
of Vocational Rehabilitation (DVR)
Services program, he or she may
qualify for an evaluation at no cost.
High school educators can assist
students with disabilities in locating
their state DVR agency at:
http://rsa.ed.gov
(click on “Info about RSA,” then “Resources,” then “State and Local Government
Employment Resources,” then “Vocational Rehabilitation Offices”).
OCR- A guide for high school educators
Summary of Performance
Mandated under IDEA 2004, the SOP must include
recommendations regarding how to assist the student
in meeting postsecondary goals. The SOP allows a
student to summarize his or her:
•
•
•
•
Postsecondary goals
Nature of disability
Assessment data
Connection between assessment data &
accommodations or aids needed in higher ed.
• Historical perspective on impact of disability on
learning
•§300.305[e][3] & Dukes
In a nutshell,
“The single most distinguishing quality between the
two settings relates to the amount of structure and the
ability to function independently McGuire, 2010. Studying,
seeking the assistance of faculty and staff, selfdisclosing, advocating for accommodations, and
decision making are key ingredients in a successful
college experience. In contrast for secondary
students, these functions often are overseen by wellintentioned parents”. Shaw, 2009
Summary
1. Students and families should be apprised of
differences in law between K-12 and higher ed.
2. Transition activities should place emphasis on
providing students self-advocacy skills.
3. Student leadership in IEP to be encouraged.
4. Update disability documentation.
Wolanin & Steele, 2004
Resources and References
Thank you for
participating
Resources
Resources
Obtain copies of the U.S. Department of Education’s
Office of Civil Right’s Transition of students with
disabilities to postsecondary education: A guide for
high school educators
Write to: ED Pubs Education Publications Center, U.S. Department of Education,
P.O. Box 22207, Alexandria, VA 22304.
Or e-mail your request to: edpubs@inet.ed.gov.
Or call in your request toll-free: 1-877-433-7827 (1-877-4-ED-PUBS). Those who use a
telecommunications device for the deaf (TDD) or a teletypewriter (TTY), should call 1-877576-7734. If 877 service is not yet available in your area, call 1-800-872-5327 (1-800-USALEARN).
Or order online at http://edpubs.gov.
*On request, this publication can be made available in alternate formats, such as Braille, large print or computer diskette.
Resources
George Washington University HEATH Resource Center http://heath.gwu.edu/
The GWU HEATH Resource Center provides information on transition to higher education including
information about disability support services, policies, procedures, accommodations, and financial
assistance. The Heath Guidance and Career Counselor Toolkit (acessible on front page of website)
provides extensive resources.
PAVE http://wapave.org is a Washington parent directed organization that works with families, individuals
with disabilities, professionals and community members in all walks of life and with all types of disabilities.
Since 1979, PAVE has provided information, training and support to individuals with disabilities, parents and
professionals.
ThinkCollege! http://www.thinkcollege.net/index.php
This website provides resources for students, families, and professionals supporting youth with intellectual
disabilities exploring postsecondary education options.
United States Department of Education, Office of Civil Rights
http://www2.ed.gov/about/offices/list/ocr/transition.html
The USDE Office of Civil Rights has many resources and publications to support students, families and
professionals explore options for transitioning to postsecondary education. One such publication is:
Students with Disabilities Preparing for Postsecondary Education: Know Your Rights and Responsibilities.
References
Dukes, L.L. (2010) Gathering data to determine eligibility for services and accommodations. In Shaw, S. F.,
Madaus, J. W., Dukes, L. L. (Eds.), Preparing students with disabilities for college success : A
practical guide to transition planning. (pp. 7-35). Baltimore: Paul H. Brookes Pub. Co.
Hamblet, E. C., & Council for Exceptional Children. (2011). 7 steps for success: High school to college
transition strategies for students with disabilities. Arlington, VA: Council For Exceptional Children.
Holmes, Tawny. (2014) Legal Rights Beyond the Educational Setting. Retrieved from www.nad.org
Leuchovius, D. (2013). ADA Q&A: Section 504 & Postsecondary Education. Retrieved from
http://www.pacer.org/publications/adaqa/504.asp
Madaus, J.W. & Shaw, S.F. (2004) Section 504: The differences in the regulations regarding secondary and
postsecondary education. Intervention in School and Clinic, 4081-87.
McGuire, J.M. (2010) Considerations for the transition to college. In Shaw, S. F., Madaus, J. W., Dukes, L.
L. (Eds.), Preparing students with disabilities for college success : A practical guide to transition
planning. (pp. 7-35). Baltimore: Paul H. Brookes Pub. Co.
References cont’d
Newman, L., Wagner, M., Knokey, A. M., Marder, C., Nagle, K., Shaver, . . . Schwarting, M. (2011). The
Post-High School Outcomes of Young Adults With Disabilities up to 8 Years After High School. A
Report From the National Longitudinal Transition Study-2 (NLTS2) (NCSER 2011-3005). Menlo Park,
CA: SRI International
Shaw, S. F. (2009). Transition to postsecondary education, Focus on Exceptional Children, (42)2, 1-16.
Shaw, S. F., Madaus, J. W., & Dukes, L. L. (2010). Preparing students with disabilities for college success :
A practical guide to transition planning. Baltimore: Paul H. Brookes Pub. Co.
U. S. Department of Education, Office for Civil Rights. (2004). Students with disabilities preparing for
postsecondary education: Know your rights and responsibilities.
U. S. Department of Education, Office for Civil Rights. (2011). Students with disabilities preparing for
postsecondary education: A Guide for High School Educators.
U.S. Government Accountability Office. (2009). Higher education and disability: Education needs a
coordinated approach to improve its assistance to schools in supporting students (GAO-10-33).
Washington D.C.: Author. Retrieved from http://www.gao.gov/products/GAO-10-33
Wolanin, T. R., & Steele, P. E. (2004). Higher Education Opportunities for Students with Disabilities.
Washington D.C: The Institute for Higher Education Policy.