Friday, April 12, 2013

Differences between the rights and requirements of IDEA in P-12 education and ADA in higher education.

The post below contains information found in Chapter 14 of the textbook (found in the references section below) the post compares and contrasts IDEA and ADA education laws in higher education.


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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