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Legal Rights and Responsibilities for Students with Disabilities
Secondary vs. Postsecondary Education
Whose responsibility is it?
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ISSUE
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SECONDARY SECTION 504/IDEA
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POSTSECONDARY SECTION 504/ADA
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Identification
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School
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Student
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Assessment
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School
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Student
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Programming
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School/Parent
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Student/College
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Advocacy
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School/Parent
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Student
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Decision Making
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Placement Team
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Student
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Transition Planning
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Placement Team
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Student
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Source: Brinckerhoff, L.B., Shaw, S.F., & McGuire, J.M.
What are the differences between secondary and postsecondary disability laws?
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QUESTION
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SECONDARY
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POSTSECONDARY
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| What is the intent of the law? |
IDEA: To provide a free, appropriate public education in the least restrictive environment to students with disabilities. 504: To ensure that no otherwise qualified person with a disability is denied access to, benefits of, or is subjected to discrimination in any program or activity provided by any public institution or entity. |
To ensure that no otherwise qualified person with a disability will be denied access to, or benefits of, or be subjected to discrimination by any program or activity provided by any public institution or entity. |
| Who is covered under the law? |
All infants, children, and youth requring special education services until age 21 or graduation from high school. |
All qualified individuals with disabilities who meet the entry age level criteria of the college and who can document the existence of a disability as defined by the ADA. |
| Who is responsibe for identifying and documenting the need? |
School districts are responsible for identifying, evaluation, and planning educational servics at no expense to the parent or individual. |
Students are responsible for self-identification and for obtaining disability documentation from a professional who is qualified to assess their particular disability. The student, not the institution, assumes the cost of the evaluation. |
| Who is responsible for initiating service delivery? |
School districts are responsible for identifying students with disabilities and providing special instruction, individualized education plans, and/or accommodations. |
Students are responsible for notifying the Disability Support Services staff of their disability and of their need for accommodations. Accommodations (not special education) are provided on a semester by semester basis in order for students with disabilities to have equal access to the institution's programs, services, and activities. |
| 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 rights statutes, enforced by the Office for Civil Rights (OCR), U.S. Department of Justice, and the Equal Employment Opportunity Commission (EEOC). |
Section 504 (Subpart E) is a civil rights statute enforced by the Office for Civil Rights (OCR), U.S. Department of Justice, and the Equal Employment Opportunity Commission (EEOC). |
Source: Kay McVey, Faculty Development Specialist PROJECT CONNECT, Henderson State University
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