Vanguard University

The Americans with Disabilities Act of 1990 is a federal civil rights law structured to provide equal opportunities for all people with disabilities. The ADA requires equal access and protects individuals from discrimination based on their disabilities. The ADA replaces IDEA regarding students in the postsecondary world.

https://www.ada.gov/

https://adata.org/factsheet/postsecondary

Section 504 of the Rehabilitation Act of 1973 protects individuals from discrimination based on their disabilities. This Act governs any public school or college that accepts any type of federal financial assistance. The seven-part Act is divided into Sections A-G. Subpart D applies to K-12 schools and Subpart E applies to postsecondary institutions. Subpart E mandates that qualified postsecondary students with disabilities be offered the opportunity to complete a degree with all other, non-disabled students. In addition, colleges are not required to provide the same accommodations listed in a student’s high school IEP or 504 plan. They may refer to these plans, but they are not obligated to follow them.

https://www.ed.gov/laws-and-policy/individuals-disabilities/section-504

The Individuals with Disabilities Education Act (IDEA) is a federal law that governs any special education service or policy for children ages 3 to graduation (or until age 21 if the student remains in high school until then). An IEP (Individualized Education Plan) is developed by an “educational team” for that specific student and stipulates how that student’s education will be individualized for the child to learn and succeed. To this end, the student is often allowed modifications in the curriculum (such as with delivery and testing of the curriculum), and in the grading process to achieve some success in school. For example, a student with an IEP may earn an A in a course if he/she completes 70% of the coursework rather than 100%, or the student may be allowed the accommodation of having tests shortened or choosing from fewer possible answers. IDEA is replaced by the ADA at the college level.

The Family Educational Rights and Privacy Act (FERPA) is a federal law that affords parents the right to have access to their children’s education records, the right to seek to have the records amended, and the right to have some control over the disclosure of personally identifiable information from the education records. When a student turns 18 years old, or enters a postsecondary institution at any age, the rights under FERPA transfer from the parents to the student (“eligible student”). The FERPA statute is found at 20 U.S.C. § 1232g and the FERPA regulations are found at 34 CFR Part 99.

According to FERPA, an educational record is defined as any record directly related to a student that is maintained by an educational institution or an agent acting on its behalf. This includes both physical and digital records containing personally identifiable information. Examples include academic records (transcripts, grades), disciplinary records, and financial aid documents. Educational records can also include email communications containing personally identifiable information and learning management systems (LMS) data (e.g., assignment submissions, discussion posts).

In essence, FERPA protects the privacy of information directly related to a student's educational experience that is maintained by the educational institution. 

https://studentprivacy.ed.gov/ferpa

https://www.cde.ca.gov/ds/ed/dataprivacyferpa.asp

https://studentprivacy.ed.gov/training/student-privacy-101 (video)

• K-12: Students are entitled to a free, appropriate public education; qualified persons with a disability cannot be discriminated against
• College: To ensure that qualified persons with a disability will not be discriminated against and will have access—not entitlement—to academic programs and services

• K-12: Infants through high-school graduates
• College: All otherwise qualified individuals who meet entry criteria and who can document the existence of a disability as defined by the ADA and who have needs related to access

• K-12: Education is a right. Fundamental alterations of programs and services are required.
• College: Education is an opportunity. Students must meet admissions criteria and be otherwise qualified. Students must also follow/meet other criteria of the institution such as health, character, technical standards, conduct code and course objectives. Fundamental alterations of programs and curricula are not required.

• K-12: Schools are responsible for identifying students
• College: Students must self-identify

• K-12 - Schools responsible for testing students
• College - Students must arrange for and pay for their own testing

Attach link to Pdf of Vanguard Academic Accommodation guidelines 

• K-12 - Schools responsible for any necessary services. Schools must provide whatever services will help the student succeed in class. If necessary, schools must provide individualized tutoring.
• College - Students must seek out services. Students allowed only certain accommodations in college classrooms. Students must seek out tutoring, if needed, and must pay for it if the college does not provide tutoring for non-disabled students. Individualized instruction is not likely/guaranteed. 

• K-12: Schools must communicate with parents at regular intervals about the student’s progress
• College: College is not permitted to contact parents without student’s permission

• K-12: School must develop a formal plan and it is the school’s responsibility to track student growth
• College: Student must request and be eligible for accommodations EACH semester or academic year, and the student is responsible for much of the accommodation process

• K-12: Typical accommodations may include: reduced assignments (requiring students to submit less work than others), extended time on assignments, grading changes (counting daily work equal with semester tests), test format changes, repeated chances to make a passing grade
• College: No reduced assignments, extended time on assignments is generally at the discretion of the professor, no grading changes, no test format changes other than providing equal access, no extra attempts at tests; in other words, the accommodations must be reasonable and must not compromise the rigor and/or academic integrity of the class.
  
  Having had an IEP or 504 plan in high school doesn’t guarantee college accommodations. Students must have an interactive conversation/s with Disability Services, and they typically provide documentation that shows a current disability/ies and a substantial limitation/s in a major life activity. For instance, students who had informal accommodations for test anxiety, or who no longer meet the criteria for a learning disability, may not qualify at the college level.