IDEA, Section 504, and ADA

Recent legislation protects the rights of people with disabilities. In order to be effective self-advocates, students need to be informed about this legislation. It is especially important to know about the Rehabilitation Act of 1973 (especially Section 504), the Americans with Disabilities Act (ADA) of 1990 and how they differ from the Individuals with Disabilities Education Act (IDEA) of 1990. In addition the Family Educational Rights and Privacy Act (FERPA) of 1974 protects the confidentiality of student records, which is very important for students with learning disabilities and their families to understand.

Understanding the Differences

High school students with learning disabilities must understand their rights under Section 504 of the Rehabilitation Act and the Americans with Disabilities Act (ADA) (which guarantee the civil rights of persons with disabilities) and how these differ from the rights and services they received under the Individuals with Disabilities Education Act (IDEA).

Under IDEA, which is the legislation that guarantees a free appropriate public education and governs the provision of special education services to students with disabilities in elementary and secondary schools, the school is responsible for identifying students with disabilities, for providing all necessary assessments, and for monitoring the provision of special education services. These special education services, which are described in detail in a student's Individualized Education Program (IEP) and Individualized Transition Plan (ITP), could significantly alter the requirements of the "standard" high school academic program. Requirements for high school diplomas may be changed under IDEA, as well. For example, dependent on their particular disabilities, some students' programs of study under IDEA may not include certain language, mathematics, or science courses that are usually required courses for a diploma.

However, IDEA does not apply to higher education. Colleges and universities do not offer "special" education. Under Section 504 and the ADA, colleges and universities are prohibited from discriminating against a person because of disability. Institutions must provide reasonable modifications, accommodations, or auxiliary aids which will enable qualified students to have access to, participate in, and benefit from the full range of the educational programs and activities which are offered to all students on campus. Examples which may assist students with learning disabilities include, but are not limited to, the use of readers, notetakers, extra time to complete exams, and/or alternate test formats.

Decisions regarding the exact accommodations to be provided are made on an individualized basis, and the college or university has the flexibility to select the specific aid or service it provides, as long as it is effective. Colleges and universities are not required by law to provide aides, services, or devices for personal use or study.

Unlike elementary and secondary schools, post-secondary institutions are not required to design special academic programs for students with disabilities. Post-secondary institutions are required to provide accommodative services so that qualified students with disabilities will have equal access to the regular academic program. After equal access is provided, it is everyone's own responsibility to do well, or not do well. Section 504 and the ADA do not require post-secondary institutions to alter their requirements for either admissions or for graduation.

The following is a chart outlining the differences between the disability laws, and how they impact your education:

Understanding the Changes in Level of Responsibility

Students with learning disabilities need to know that the level of responsibility regarding the provision of services changes after high school. As mentioned above, throughout the elementary and secondary years, it is the responsibility of the school system to identify students with disabilities and to initiate the delivery of special education services. However, while Section 504 and the ADA require post-secondary institutions to provide accommodative services to students with disabilities, once the student has been admitted to a college or university it is the student's responsibility to self-identify and provide documentation of the disability. The college or university will not provide any accommodation until a student takes the following two steps:

 The following is a chart outlining the changes in responsibility from secondary to post-secondary education:

Understanding Your Rights to Privacy

Students and their families are often concerned about who will be able to see their educational records. They want to be sure that written records will be confidential and available only to those with a legitimate interest in them. To protect the privacy of student records the Family Educational Rights and Privacy Act (FERPA) was passed in 1974 and later amended several times. FERPA is also known as the Buckley Amendment in recognition of Senator James Buckley of New York who introduced it.

FERPA gives students the right to have access to their educational records, consent to release a record to a third party, challenge information in those records, and be notified of their privacy rights. FERPA affects all colleges and universities which receive federal funds. FERPA rights belong to the student regardless of age (and to the parents of a dependent student - as defined by the Internal Revenue Service). A "student" is a person who attends college or university and/or for whom the institution maintains educational records (former students and alumni, for example) but not applicants to the institution or those denied admission. The college must inform students of their FERPA rights, procedures to allow a student access to his or her record, and procedures to consent to release a record to a third party. Publishing this information in a catalogue or bulletin satisfies this requirement. FERPA protects a student's record from being shared (without the student's permission) with "curious" faculty, administrators, other students, the press, or anyone without a legitimate reason for seeing the record.

Any information regarding disability gained from medical examinations or appropriate post-admissions inquiry shall be considered confidential and shall be shared with others within the institution on a need-to-know basis only. In other words, other individuals shall have access to disability-related information only in-so-far as it impacts on their functioning or involvement with that individual.

For example, faculty members do not have a right or a need to access diagnostic or other information regarding a student's disability. They only need to know what accommodations are necessary/ appropriate to meet the student's disability-related needs, and then only with permission of the student.

Disability-related information should be kept in separate files with access limited to appropriate personnel. Documentation of disability should be held by a single source within the institution in order to protect the confidentiality of persons with disabilities by assuring such limited access.