Parents & Family
The differences in legal rights and responsibilities in secondary and post secondary education
| Consideration | K - 12 Education | Postsecondary Education | Practical Application |
|---|---|---|---|
| What is the law? | IDEA: Individuals with Disabilities Education Act 504: Section 504 of the Rehabilitation Act of 1973 ADA: Americans with Disabilities Act of 1990 |
504: Section 504 of the Rehabilitation Act of 1973, particular reference to Subpart E. ADA: Americans with Disabilities Act of 1990. |
Section 504(e) and ADA are not about special education services. Section 504(e) and ADA are about nondiscrimination and access for eligible individuals with disabilities. |
| What is a disability? | IDEA: a list of 13 disability classification areas are defined under IDEA and include specific learning disabilities. 504/ADA have no such list. A person with a disability is defined as anyone who has: (1) any physical or mental impairment which substantially limits one or more major life function; (2) a history of such an impairment; (3) or is regarded as having such an impairment. | 504/ADA: a person with a disability is defined as anyone who has: (1) any physical or mental impairment which substantially limits one or more major life functions (2) a history of such an impairment (3) is regarded as having such an impairment. ADA also includes HIV status as well as other contagious and non-contagious diseases. | If you have questions if you qualify for accommodations, contact the DAC and chat with an access manager. |
| Who is covered under the law? | IDEA: all children and youth requiring special education services until age 21 or graduation from high school. | 504/ADA: qualified individuals with a disability are covered. This includes but is not limited to enrolled students and applicants. | Not every student who received special education services under IDEA will be qualified individual with a disability under 504(e) or ADA. Once admitted, not every request for accommodation will be deemed as reasonable. |
| What is the intent of the law? | IDEA: to provide a free, appropriate public education in the least restrictive environment to identified students with disabilities, including special education and related services 504/ADA: to ensure that no otherwise qualified individual with a disability is denied access to, benefits of, or is subject to discrimination solely on the basis of disability. |
504/ADA: to ensure that no otherwise qualified person with a disability is denied access to benefits. |
ADA is designed to ensure programs do not discriminate on the basis of disability. The mechanism used under ADA is the provision of reasonable accommodation. IDEA meets the specific special education needs of the student and modifies the program accordingly. |