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There is no Special Education at the college level. The rights you had under IDEA do not follow you to higher education. Instead, colleges must comply with civil rights laws like the ADA, Section 504 of the Rehabilitation Act, and the Civil Rights Restoration Act. In short, college students are protected against discrimination and guaranteed equal access, but they do not have specialized “educational” rights.

Postsecondary institutions are required to provide:

  • Accessible Campuses: All programs, building, and services must be physically accessible to all students
  • Classroom Aids: The school must provide assistive tools, equipment, and resources like scribes to help students with disabilities fully participate.
  • Academic Adjustments: Professors and staff must accommodate the learning and participation needs of qualified students with disabilities in classes and activities.

Higher education institutions are not legally required to perform the following:

  • Dictated Accommodations: Supply specific auxiliary aids requested by a student, provided the alternative method implemented ensures an equal opportunity for success.
  • Fundamental Alterations: Grant academic modifications that fundamentally alter core course curriculum, compromise academic program integrity, or impose an undue financial/administrative burden.
  • Altered Admissions: Lower baseline admission criteria or standards for applicants with disabilities.
  • Diagnostic Evaluations: Diagnose disabilities or conduct psycho-educational testing, assessments, and evaluations for learning difficulties or physical/mental impairments.
  • Personal Care: Provide personal care attendants or private medical support staff.
  • Private Tutoring: Furnish personal or private individual tutors outside of standard campus-wide tutoring services.
  • K–12 Planning: Develop or implement “Individualized Education Programs” (IEPs).

Differences in Policies and Procedures

High School (Federal Law – IDEA) College (Federal Law – ADAAA)
The school is responsible for identifying students with disabilities The student must self-identify or disclose his/her disability.
The school must provide the assessment of disability, classify disability, and involve parents. The student must provide documentation of his/her disability to the designated office.
School staff will discuss academic progress with parents or legal guardians. The student is considered an adult with privacy and confidentiality protections. Staff cannot talk with parents or legal guardians about the student’s academic progress.
The school must develop an Individualized Educational Program. The student must request specific accommodations and provide supporting evidence through documentation.
The school must provide a free and appropriate education including modified program and appropriate related services. The student must act as independent adults to activate and obtain accommodations and structure weekly schedules.
The school must coordinate the provision of all services, monitor progress, and evaluate results. The college must provide reasonable accommodations for students who qualify.

Differences in Courses

High School (Federal Law – IDEA) College (Federal Law – ADAAA)
Class attendance is mandatory and monitored carefully. Students are expected to follow the instructors attendance policy as stated in the syllabus.
Teachers will usually approach students who are having academic difficulties. Students are responsible to ask the instructor for help.
Teachers remind students of assignment due dates. Students are responsible for keeping track of their projects, assignments, and tests dates.
Teachers will provide students with missed information when they are absent. Students must approach their instructors for information they missed when absent.
Teachers many times will provide extra credit assignments to help students raise their grades. Extra credit assignments are not usually given.
Make up tests are usually available. Make up tests may not be an option.
Teachers present information to help the student understand the textbook. Instructors may not follow the textbook, but lectures enhance the topic.

Differences in Accommodations

High School (Federal Law – IDEA) College (Federal Law – ADAAA)
Services include individually designed instruction, modifications, and accommodations based on the IEP. Reasonable accommodations may be made to provide equal access and participation.
Modifications that change course outcomes may be offered based on the IEP. The college is not required to lower or effect substantial modifications to essential requirements.
Appropriate accommodations are determined by the student’s Individualized Educational Plan (IEP). Appropriate accommodations must be determined based on the student’s disability documentation, and individual need.

Differences in Parent’s or Legal Guardian’s Role

High School (Federal Law – IDEA) College (Federal Law – ADAAA)
Legal guidance is provided by IDEA. Legal guidance is provided by Section 504 and ADA.
Parents must ensure that their child attends school until the age of 16. Parents are not required to send child to college.
Periodic progress reports are given to parents. No progress reports will be given to parents.
Teachers are free to approach parents without consent from student to discuss student’s progress. Without a release of information signed by the student the teacher legally cannot include the parents in any part of the educational process.
The parent is the student’s legal guardian. In college the student is considered to be his/her own legal guardian unless there is a court order to the contrary.
The parent is expected to advocate for the student. The student is expected to advocate on his/her own behalf.
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