PK-12 and Higher Education: What Are the Differences?
While there are many differences between the Pk-12 and the post-secondary environment, the following four underlying changes provide many of the challenges experienced by all students.
- Legal Rights and Responsibilities for College Students
- Summary of Legal Differences Between Secondary and Post-secondary Education
- Increase in Complexity and Unpredictability
- Change in Student Responsibilities
Legal Rights and Responsibilities for College Students
Accommodations in post-secondary education are governed by Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 (ADA). The Individuals with Disabilities Education Act (IDEA) is no longer applicable. It is important to understand the differences between the laws and the new rights and responsibilities your student will have while attending a post-secondary institution. Additionally, it will be important to understand the Family Educational Rights and Privacy Act (FERPA) and how that applies to student records, including disability documentation records.
Section 504 and ADA
Institutions shall make modifications to their academic requirements as are necessary to ensure that such requirements do not discriminate or have the effect of discriminating, on the basis of handicap, against a qualified applicant or student.(104.44[a]).
The post-secondary education system is not covered by IDEA, but instead by the Americans with Disabilities Act (ADA) of 1990, and Subpart E of Section 504 of the Rehabilitation Act of 1973 (P.L. 93-112). These laws establish what colleges need to do to support equal opportunity for students with disabilities to participate in a college or post-secondary program or activity. Post-secondary programs or colleges are not required to lower academic standards to accommodate a student with a disability.
- Students are eligible for academic adjustments, program modifications, and auxiliary aids/services, but are not eligible for specially designed instruction offered under IDEA.
- The college has no obligation to identify students with disabilities, but only to inform applicants of the availability of auxiliary aids/services, program modifications, and academic adjustments.
- Students must self-identify, provide documentation of their disability and the need for the academic adjustments, program modifications, and auxiliary aids and services they request. The categories of disability, the type of documentation required, and who is qualified to conduct the assessment(s) may be different than K-12.
- Students only receive necessary supports (e.g., academic adjustments, program modifications, and auxiliary aids/services) that provide equal opportunity for them to access education.
- Any alteration in the course or program requirements (i.e., extended time to complete the program, substitution, or waiver of program requirements) usually requires approval from the college and must be directly related to needs identified in a student’s documentation of disability.
Additional Resources
Letter from the Office of Civil Rights to Parents
Students with Disabilities Preparing for Post-secondary Education: Know Your Rights and Responsibilities from the Office of Civil Rights
Understanding the Family Educational Rights and Privacy Act (FERPA)
Summary of Legal Differences Between Pk-12 and Higher Education
|
Description |
Secondary Education |
Postsecondary Education |
|
Federal Laws |
Individuals with Disabilities Education Act (IDEA); Section 504 of the Rehabilitation Act of 1973; the Americans with Disabilities Act of 1990 (ADA) |
Section 504 (particularly subpart E) of the Rehabilitation Act of 1973; the Americans with Disabilities Act of 1990 (ADA) |
|
Purpose of Legislation |
To ensure that all eligible students with disabilities have available a free appropriate public education (FAPE), including special education and related services (IDEA). To ensure that no otherwise qualified person with a disability be denied access to, or the benefits of, or be subjected to discrimination by any program or activity provided by any public institution or entity (504/ADA) |
To ensure that no otherwise qualified person with a disability be denied access to, or the benefits of, or be subjected to discrimination by any program or activity provided by any public institution or entity (504/ADA) |
|
Eligibility |
For special education services All infants, children, and youth (0 through 21 years) with disabilities (as defined by the state Administrative Rules for Special Education, and/or the ADA) |
For disability services Anyone who meets the entry level-age criteria of the college and who can document the existence of a disability as defined by Section 504 and ADA |
|
Documentation |
School districts are responsible for providing trained personnel to assess eligibility and plan educational services |
Students are responsible for obtaining disability documentation from a professional who is qualified to assess their particular disability |
|
Receiving Services |
School districts are responsible for identifying students with disabilities, designing special instruction, and/or providing accommodations |
Students are responsible for telling Disability Services staff that they have a disability, and for requesting accommodations for each class. Accommodations (not special education) are provided so students with disabilities can access the educational programs or courses used by other students |
|
Self-Advocacy |
Students with disabilities learn about their disability, the importance of self-advocacy, the accommodations they need, and how to be a competent self-advocate |
Students must be able to describe their disability, identify strengths and weaknesses, and identify any accommodations needed and how to be a competent self-advocate |
Source: The University of Oregon, Information – High School and College: What are the Differences