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Will my student with a disability be able to have an IEP after leaving high school?

No.  Many parents I consult with are often surprised to learn that once their child completes high school or turns 22, they will no longer have an IEP or be eligible to receive services under the IDEA.  However, disabled students who attend college are protected from discrimination based upon disability under Section 504 of the Rehabilitation Act of 1973 as well as the Americans with Disabilities Act (ADA)

 

Section 504 of the Rehabilitation Act of 1973 is an anti-discrimination, civil rights statute that requires the needs of individuals with disabilities to be met as adequately as the needs of non-disabled individuals.  Section 504 states that, “No otherwise qualified individual with a disability in the United States, as defined in section 706(8) of this title, shall, solely by reason of her or his 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), 34 C.F.R. §104.4(a)].

 

It is the responsibility of the college student who has a disability to self-advocate to inform their instructors of their needed reasonable accommodations.  Public colleges and universities have disability services departments on campus to support students with disabilities. I have listed some resources below to assist parents and college students in making an informed transition from high school to college:

 

University of West Florida Student Accessibility Resources

 

Pensacola State College Student Resource Center for ADA Services

 

TRIO Student Support Services @ PSC

 

FAQs About Section 504 and Post Secondary Education

 

Section 504 Subpart E: Postsecondary Education

 

College Students and Disability Law” by Stephen Thomas

 

Know Your Rights and Responsibilities

 

Questions and Answers on Disability Discrimination under Section 504 and Title II

                                     

Americans with Disabilities Act (ADA)

https://www.ada.gov/                                                                           

 

Information in the “Ask the Advocate” column does not constitute legal advice.  For more information contact www.myiepadvocate.com

 

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