Academics
Legal Information
IDEA guarantees support in K–12; the ADA guarantees access in college.
Legal Information
IDEA guarantees support; ADA guarantees access.
Understanding the transition from high school to college support services requires a clear distinction between the federal laws that govern each setting.
The Individuals with Disabilities Education Act (IDEA) applies to students through age 21 and ensures access to specialized services in K–12 education. The Americans with Disabilities Act (ADA) governs postsecondary institutions and ensures equal access—not entitlement—to accommodations.
See the chart below for a side-by-side comparison.
Side by Side
IDEA and the ADA compared
Understanding the differences between being a student who receives services under special programs in high school and being a college student with a disability requires an understanding of the federal laws that govern each institution.
The Individuals with Disabilities Education Act (IDEA) of 1973 protects children from infancy to the age of 21. The Americans with Disabilities Act (ADA) of 1990 covers post-secondary students. Simply put, IDEA provides equal entitlement, and ADA provides equal access. Please refer to the chart below to compare the two laws.
| Question | IDEA | ADA |
|---|---|---|
| Intent of Law | • Free and appropriate public education • Least restrictive environment • Identification of children needing special education • Provision of education and related services | Ensures that no otherwise qualified person with a disability is denied access to, benefits of, or is subject to discrimination solely on the basis of disability |
| Who Is Covered | Infants up to 21 years or upon graduation from high school | All otherwise qualified* individuals who, with or without reasonable accommodations, meet the college’s standard admissions requirements and the demands of the standard academic curriculum |
| Definition of Disability | There are 13 disability classifications defined | (No listing of classifications of disabilities.) A person is defined as having a disability if he/she: • Has any physical or mental impairment which substantially limits one or more major life functions** • Has a history of such an impairment • Is regarded as having such an impairment |
| Responsible for Identifying and Documenting Need | School districts are responsible for: • Identifying students with disabilities • Providing educational and related services • Doing the above at no cost to the family | Students are responsible for: • Self-identification • Providing documentation of disability • Assisting in process of determining accommodations • Notifying the Accessibility Support Services staff of their disability • All costs (not the post-secondary institution) |
| Advocacy | The parent or guardian is the primary advocate. At age 14, students are invited to participate in the development of their Individual Education Plan (IEP). | Students must advocate for themselves. The Family Educational Rights Privacy Act (FERPA) guarantees student confidentiality. Conversations with parents regarding confidential information without the student’s written consent is illegal. |
*Qualified individual with a disability refers to a person who meets the required skills, experience, and academic standards of an institution and, with or without reasonable accommodation, can perform the essential requirements of the program.
**Major life activities include functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
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Interested students, parents, or guardians can contact the Louisburg College Learning Partners Program to schedule a campus visit: call (919) 497-3278 or email learningpartners@louisburg.edu for application information, or send us an interest form.