Chart differentiating between IDEA and ADA service
Comparison of the requirements and Procedures of the Americans with Disabilities Act (ADA) and the Individuals with Disabilities Education Act (IDEA) | ||
---|---|---|
Rights guaranteed by the law | IDEA (K-12) | ADA (College) |
Free, appropriate public education (FAPE) | Prohibits discrimination on the basis of disability | |
Who is covered | Every child; Concept of zero reject | Students who are "otherwise qualified" |
Identification and evaluation of students with disabilities | District is responsible for identifying students with disabilities, evaluating them, and covering costs | College has no such responsibility. Student must self-identify and provide appropriate documentation. If an evaluation is needed, the expense is the student's responsibility. |
Determining Services | Individualized Education Plan (IEP) developed by team Curriculum modifications and special programs are common. | Student must identify and request all accommodations. Academic adjustments that equalize opportunity for participation are required; Substantial modifications to curriculum and lowered standards are not required. |
Personal devices and services such as wheelchairs, hearing aids, and personal care attendants | Provided by district if determined to be necessary (and included in IEP) | Colleges are not required to provide personal devices or services. |
Role of parents | Parents must be included in decision-making. | College students are over 18 and are considered adults. Parent consultation is not required, and by law, university staff cannot speak to parents without student authorization. |
Appeals process | Right to due process as spelled out in the law | College grievance procedure, then file a complaint with the USDOE Office of Civil Rights |