Legal Issues
When talking about transition from high school to college, it is necessary to consider more than the academic preparation required. Since Congress first passed Section 504 of the Rehabilitation Act of 1973 and the Education for All Handicapped Children Act in 1975, education of individuals with disabilities must be regarded as a legal issue. It is imperative that both parents and students understand the legal differences between the two educational environments.
Rehabilitation Act of 1973, Section 504 (Section 504): Civil rights/ anti-discrimination legislation that applies to any entity (business, organization, school etc.) that receives federal funds of any kind. The purpose of Section 504 is to give qualified individuals with disabilities equal access to programs and services available to the non-disabled person. It has different sub-parts that apply to elementary and secondary, and post-secondary education. The regulations for Section 504 give us the federal definition for person with a disability, otherwise qualified, programs and services etc. 504 plans are written for students with disabilities who can participate in a regular education program but who may need accommodations such as extended time or an alternate location for test taking.
Individuals with Disabilities Education Act (IDEA): Legislation that replaced the Education for All Handicapped Children Act. The purpose is to ensure that all children with disabilities in the United States in grades K-12 would receive a free, appropriate public education in the least restrictive environment. IDEA mandates that school districts identify children with disabilities and design an Individualized Education Program (IEP) to meet the needs of each child. IDEA requires that all children with disabilities within a school district, including those with 504 plans, receive transition planning from age 12 until graduation or age 21. IDEA does not apply to pre-school or to postsecondary education.
Americans with Disabilities Act (ADA): Civil rights/Anti-discrimination legislation. ADA’s main purpose is to extend the legal mandate of Section 504 beyond recipients of federal funds. It has five major Titles that cover employment, public accommodations, private entities, telecommunications, and miscellaneous topics. In terms of postsecondary education, ADA reinforces the requirements of Section 504 and under Title III extends the requirements of equal program access to private colleges and universities that might have previously been exempt from the mandate of Section 504.
The chart on the next page compares and contrasts these three laws.