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Unformatted text preview: 1 ADA Q&A...The ADA, Section 504 & Postsecondary Education Many parents of students with disabilities have learned the basics of the Individuals with Disabilities Education Act (IDEA). However, as students and their families prepare for the transition from secondary school to postsecondary options they oFen ¡nd they are less familiar with the protections provided by the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act. It is crucial that students and their advocates become knowledgeable about their rights and responsibilities in postsecondary education because, although protections exist, the student has considerably more responsibility to request and design their own accommodations. And this responsibility is ongoing. ¢or many students with disabilities, good self-advocacy skills will be key to success, and knowing your rights is one essential element of e£ective self-advocacy. Te following questions reﬂect those most commonly asked of PACER sta£ regarding the ADA and postsecondary institutions. Q. How does the ADA affect postsecondary schools? A. ¤itle II of the ADA covers state funded schools such as universities, community colleges and vocational schools. ¤itle III of the ADA covers private colleges and vocational schools. If a school receives federal dollars— regardless of whether it is private or public— it is also covered by the regulations of Section 504 of the Rehabilitation Act requiring schools to make their programs accessible to quali¡ed students with disabilities. Q. What are the differences between the ADA and Section 504? A. ¢or most postsecondary schools, there are not many practical di£erences. Although Section 504 only applies to schools that receive federal ¡nancial assistance, the reality is that most postsecondary schools do receive federal dollars. In addition, the ADA ¤itle II requirements a£ecting state funded schools were modeled on Section 504. Only private postsecondary institutions that do not receive government funds are not covered by the broader 504 or ADA ¤itle II requirements. Under ¤itle III of the ADA these schools have a lower standard of burden—in other words, assuming their resources are less, they wouldn’t have to do as much as government- funded schools. But they are still required to accommodate students with disabilities in similar ways....
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This note was uploaded on 02/22/2009 for the course ILRCB 1200 taught by Professor Staff during the Spring '08 term at Cornell University (Engineering School).
- Spring '08