Many parents of students with disabilities have learned the basics of our nation's special education law, the Individuals with Disabilities Education Act (IDEA). However, as students and their families prepare for the transition from secondary school to postsecondary options they often find 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. For many students with disabilities, good self-advocacy skills will be key to success, and knowing your rights is one essential element of effective self-advocacy.

The Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 mandate equal access to postsecondary institutions for students with disabilities. This includes public universities, vocational schools, community colleges, and private institutions. Almost all institutions are affected by either the ADA or Section 504. All private and public colleges run by nonreligious entities must obey the laws set forth by the ADA. If a school also receives federal financial assistance or allows its students to receive federal financial aid, it must also adhere to Section 504.

Section 504

“No otherwise qualified individual with a disability in the United States . . . shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance . . . .”  29 U.S.C. § 794(a).

Section 504 of the Rehabilitation Act of 1973 is a law that protects individuals from discrimination based on their disability in connection with any public or private program or activity that receives federal financial assistance.  The Act is divided into seven Subparts.  Subpart E applies to postsecondary institutions and states that postsecondary students must be granted the opportunity to compete with their non-disabled peers.

The ADA

“It is the purpose of The ADA . . . to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities [and] to provide clear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities . . . .”  42 U.S.C. § 12101(b).

The ADA stands for The Americans with Disabilities Act of 1990. The ADA is a federal civil rights law designed to provide equal opportunity for qualified individuals with disabilities, including students. The ADA prohibits discrimination on the basis of a qualified disability and ensures that qualified disabled students can have equal access and opportunity for participation in the programs, services and activities offered by a recipient of federal financial assistance. The ADA was amended in 2008 by, among other things, expanding the definition of disability and what it means to be regarded as disabled under the statute.