Legal Differences

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Legal Differences

The Individuals with Disabilities Education Act (IDEA) is the law which covers students ages 2 to 21 who need special education in public schools. This law has no authority after a student graduates from high school. From then on, Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA) become the guiding laws. The biggest differences between IDEA and ADA & 504 are as follows:

* There is no specific list of disabilities covered by the ADA. Criteria for
determining disability include having any physical or mental impairment that
substantially limits one or more major life activities; having a record of such
impairment; or being regarded as having such an impairment.

* Under the ADA it is the responsibility of the individual with the disability
to self-identify and provide documentation. The cost of any evaluation is the
responsibility of the individual not the college.

* AN IEP (Individual Education Plan) does not follow the student from high
school to college. Services, auxiliary aids, and accommodations are
arranged by a designated College staff person. Accommodations must not
pose an "undue hardship" to the college.