2. Differences between the rights and requirements of IDEA in P-12 education and ADA in higher education.
- Individuals with Disabilities Education Act (IDEA)
- Rights guaranteed by law: Free appropriate public education
- Who is covered: Every child; concept of zero reject
- Identification and evaluation of students with disabilities: District responsible for identifying students with disabilities, evaluating them, and covering the costs
- Determining services: IEP developed by team. Curriculum modifications and special programs are common
- Personal devices and services: Provided by district if determined to be necessary (and included in the IEP)
- Role of Parents: parents must be included in the decision making process
- Appeals Process: right to due process as stated in the law
- Americans with Disabilities Act (ADA)
- Rights guaranteed by law: Prohibits discrimination on the basis of disability.
- Who is covered: Students who are "otherwise qualified"
- Identification and evaluation of students with disabilities: College has no responsibility. Students must self-identify and provide appropriate documentation. If an evaluation is needed the expense is the student's responsibility.
- Determining services: Reasonable accommodations, including auxiliary aids and services must be requested by the student. Academic adjustments that equalize opportunity for participation are required; substantial modifications to curriculum and lowering standards are not required.
- Personal devices and services: colleges are not required to provide these.
- Role of the parent: college students are older than 18 and are considered adults, no parent consultation is required.
- Appeals process: college grievance procedure and then a complaint with the U.S. Department of Education's Office of Civil Rights must be filed.
Additional Resources:
References:
Dell, A., Newton, D., & Petroff, J. (2012). Assistive technology in the classroom. (2nd ed.). Upper Saddle River, NJ: Pearson Education.
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