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Activity 36

Research Disability Laws

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Activity 36

Summaries of federal legislation that govern education along with a chart that compares the rights and responsibilities of each law is on the Disability Law section of the Post-ITT Web site. In the K-12 system as mandated under the Individuals with Disabilities Education Act (IDEA), the school district holds most of the responsibility. Districts must identify, assess, and provide FAPE (free and appropriate public education) to students with disabilities. Once an individual leaves the K-12 system, the bulk of responsibility shifts from the system to the individual. The postsecondary system is responsible to ensure access only to "otherwise qualified" individuals. It is the student's responsibility to disclose, provide appropriate documentation that meets the college's requirement and to manage their own accommodations. Colleges are not required to "alter the essential requirements" of a class or program to meet the needs of students with disabilities.

Auxiliary Aids and Services for Postsecondary Students with Disabilities , published by the United States Office of Civil Rights provides a clear description of the provisions of key laws pertaining to auxiliary aids and services as well as answers to frequently asked questions.

A Nuts and Bolts Guide, College Success for Students with Hearing Impairments, contains an introduction that provides the history of disability law and sections on Self-Advocacy, Pre-College and Transition, Financial Aid, Pre-Accommodations, Academic Issues, Campus Life and Resources. Although geared toward students with hearing impairments, much of the information pertains to all individuals with disabilities who attend college.

LD Online posts Section 504, The Law and Its Impact on postsecondary Education.

The American Council on Education provides an overview of the law as it relates to college. The Parent Advocacy Coalition for Educational Rights (PACER Center) posts an article titled, ADA Q&A: Section 504 Postsecondary Education, Deborah Leuchovius, PACER ADA Specialist.

Rights and Responsibilities to Ensure Educational Access for Students with Disabilities, Patricia Carlton, Jennifer Hertzfeld, and Ann Yurcisn is posted on the HEATH Web site.

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