After being diagnosed with a qualifying disability, a child in grades K-12 would be serviced under the laws provided by the Individuals With Disabilities Act (IDEA, 2004). Under this law, school systems would generate an IEP and provide services that would assist and enable the child to experience success in his educational environment. His IEP would state his disability and develop goals and objectives to improve disability-related weaknesses, with the hopes of reaching that goal within the specified IEP period (usually one year). If the child does not make progress towards any goal, a new meeting must be convened and either the goal or its methods must be adjusted in order for him to experience academic success.
Throughout this process, it is often the student’s parents and special education teachers and service providers who monitor and decide whether or not progress is being made. The student is encouraged to participate in meetings and decisions, but ultimately, the final decision falls to the parents.
And once he accepts a high school diploma, his rights under IDEA, 2004 are no longer applicable. When a child turns 18, he has the right to agree (or not) to any services with or without his parents input or consent, but this too ends in high school, after which all decisions and services are the student’s responsibility. Students must be there own advocate, parents are not notified or alerted to problems or a lack of progress.
A student who wished to pursue a post-secondary education continues to have rights, but they must be advocated for by the individual. Any needed services now fall under Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act 1990 (ADA) . Under these regulations, students with disabilities are provided with equal access to educational programs, allowing for appropriate accommodations in accordance with their disability.
The accommodations only facilitate access to the material and/or facilitate his ability to demonstrate knowledge. They would not in any way alter course content or the fundamental component of a program (such as a modified program in a public school could partly or significantly alter content or expectations). In addition, Colleges or post-secondary courses are not obligated to provide services or devices of a personal nature (wheelchairs, walkers, personal care attendants). Those services are up to the student to acquire and pay for.
There is literature available (IDEA, 2004; Section 504) for parents and students to read and familiarize themselves; but the laws and regulations themselves are too dense and complicated for most to decipher. The U.S. Department of Education and the Office for Civil Rights (2006) has put out a more manageable brochure “Students with Disabilities Preparing for Postsecondary Education: Know Your Rights and Responsibilities.”. Parents of teens who are intending to transition to post-secondary education in any form should become familiar with their educational rights in the post-secondary setting.
