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Adaptive Services

IDEA vs. ADA

 
 

 

Disability Rights and Responsibilities

High School vs Higher Education

Disability rights and responsibilities differ depending on the type of coverage that is received.  The K-12 system is covered under the Individuals with Disabilities Education Act (IDEA) while higher education is covered under the Americans with Disabilities Act (ADA).  Even though both are covered under the blanket of Section 504 of the Rehabilitation Act, each law is specific to the rights and responsibilities of those with a disability.  The below is a general comparison of the two laws and what a student with a disability entering FGCU should expect regarding their rights and responsibilities.

 

   IDEA  ADA
 Statute

 

Ensures free and appropriate public education for children with disabilities

 

 

Protects Individuals with disabilities from discrimination by providing equivalent access to programs and services

 

 Coverage

 

Children in the K-12 system whose education is negatively impacted by the disability. There are specific disabilities covered, so not all students with disabilities will be protected

 

 

Any person with a physical or mental impairment that substantially limits one or more major life activities

 

 

 Initiating Services

 

 

Parents and teachers identify students needing assistance through consent for evaluation and Child Find

 

 

 

 

Students must self-identify as an individual needing assistance due to a disabilty by supplying the appropriate documentation from a qualified evaluator

 

 

 

 Documentation

 

School districts are responsible for providing the means for a student to be evaluated

 

 

The student assumes the cost of the documentation

 

 Education Plans

 

Individual Education Plans (IEP's) are developed and tracked through the student's educational process

 

Reasonable accommodations are provided on a case-by-case basis

 

Enforcement of Laws

 

A funding statute, enforced by the Office of Special Education and Rehabilitation Services in the US Department of Education

 

 

A Civil Rights statute enforced by the Office of Civil Rights, US Department of Education, US Department of Justice and the Equal Employment Opportunity Commission