A Review of Existing Policies and their Applications for Post-Secondary Education Options for Adults with Disabilities
by Ryan Johnson
former Community Support Specialist, Center for Leadership in Disability
Americans with Disabilities Act (Title II):
Source: ADA Title II Technical Assistance Manual, ADA.gov
Title II of the ADA covers programs, activities, and services of public entities. It is divided into two subtitles. Subtitle A of title II, which is implemented by the Department of Justice's title II regulation. Title II of the ADA states that the programs and services these public entities offer must be provided in an integrated setting, unless separate or different measures are necessary to ensure equal opportunity.
Subtitle A is intended to protect qualified individuals with disabilities from discrimination on the basis of disability in the services, programs, or activities of all State and local governments. It additionally extends the prohibition of discrimination on the basis of disability established by section 504 of the Rehabilitation Act of 1973, as amended, to all activities of State and local governments, including those that do not receive Federal financial assistance. By law, the Department of Justice's title II regulation adopts the general prohibitions of discrimination established under section 504 of the Rehabilitation Act of 1973, and incorporates specific prohibitions of discrimination from the ADA.
A public entity covered by Title II of the ADA is defined as…
1. Any state or local government;
2. Any department agency, special purpose district, or any instrumentality of a State or local government;
3. Certain commuter authorities
Title II is intended to apply to all programs, activities, and services provided or operated by State and local governments. Currently, section 504 of the Rehabilitation Act only applies to programs or activities receiving Federal financial assistance. Because many State and local government operations, such as courts, licensing, and legislative facilities and proceedings do not receive Federal funds, they are beyond the reach of section 504.
Title II of the ADA covers state funded schools such as universities, community colleges and vocational schools. Title III of the ADA covers private colleges and vocational schools. If a school receives federal dollars regardless of whether it is private or public it is also covered by the regulations of Section 504 of the Rehabilitation Act requiring schools to make their programs accessible to qualified students with disabilities. Under Section 504, schools and universities Qualified interpreters, assistive listening systems, captioning, TTYs, qualified readers, audio recordings, taped texts, Braille materials, large print materials, materials on computer disk, and adapted computer terminals are examples of auxiliary aids and services that provide effective communication. Such services must be provided unless doing so would result in a fundamental alteration of the program or would result in undue financial or administrative burdens. According to a 1992 publication on the ADA and postsecondary education by the Association on Higher Education and Disability (AHEAD), the Department of Education has never accepted an argument for undue financial burden under Section 504.
Integration of individuals with disabilities into the mainstream of society is fundamental to the purposes of the Americans with Disabilities Act.
Higher Education Opportunities Act:
Source:
The Higher Education Opportunities Act is designed to support students with intellectual disabilities who are seeking to continue academic, career and technical, and independent living instruction in order to prepare for gainful employment. The programs offered include an advising and curriculum structure, and requires students with ID to participate on not less than halftime basis with nondisabled students in
1. Regular enrollment in credit-bearing courses
2. Auditing for participating in courses for which the student does not receive regular academic credit
3. Enrollment in noncredit-bearing, nondegree courses, or
4. Participation in internships or work-based training
The HEOA defines the term “student with an intellectual disability” to mean a student with mental retardation or a cognitive impairment, characterized by significant limitations in intellectual and cognitive functioning, and adaptive behavior as expressed in conceptual, social, and practical adaptive skills, and who is currently, or was formerly, eligible for a free appropriate public education under the Individuals with Disabilities Education Act (IDEA). The HEOA authorizes a new program of awards to institutions of higher education to support model comprehensive transition and post-secondary programs for students with intellectual disabilities. Funds are to be used for models that provide individual supports and services to promote the inclusion of students with intellectual disabilities in academic courses, extracurricular activities, and other aspects of the institution’s regular post-secondary program, and include a focus on academic enrichment, socialization, independent living skills, integrated work experiences, person-centered planning, and the creation of a meaningful credential for students upon completion of the program. The HEOA requires the Department to establish an advisory commission on accessible instructional materials in post-secondary education for students with disabilities. The Commission is charged with conducting a study to (1) assess the barriers and systemic issues that may affect, and technical solutions available that may improve, the timely delivery and quality of instructional materials; (2) make recommendations for a comprehensive approach to improve opportunities for students with print disabilities to access materials in a time frame comparable to the availability for non-disabled students. The recommendations are to inform Federal regulations and legislation, support the model demonstration programs authorized under section 773 of the HEA, identify best practices, improve the effective use of such materials, and modify the definitions of
instructional materials, authorized entities, and eligible students. The Commission must provide a report to the Secretary and Congress detailing the findings and recommendations of the study not later than one year after its first meeting.
Rehabilitation Act of 1973 (Section 504):
The Rehabilitation Act of 1973 replaces the Vocational Rehabilitation Act, to extend and revise the authorization of grants to States for vocational rehabilitation services, with special emphasis on services to those with the most severe disabilities, to expand special Federal responsibilities and research and training programs with respect to individuals with disabilities, to establish special responsibilities in the Secretary of Health, Education, and Welfare for coordination of all programs with respect to individuals with disabilities within the Department of Health, Education, and Welfare.
This landmark legislation prohibits discrimination on the basis of disability in programs conducted by Federal agencies, in programs receiving Federal financial assistance, in Federal employment, and in the employment practices of Federal contractors. The standards for determining employment discrimination under the Rehabilitation Act are the same as those used in title I of the Americans with Disabilities Act. Section 504 of the Rehabilitation Act created and extended civil rights to people with disabilities. Section 504 has provided opportunities for children and adults with disabilities in education, employment and various other settings. It allows for reasonable accommodations such as creating a special study area and assistance as necessary for each student .
The BRIDGE (Building Resourceful Individuals to Develop Georgia's Economy) Act:
Source: Georgia Department of Education (www.gadoe.org)
The BRIDGE Act, HB 400, was signed into law in May 2010 for the purpose of showing middle and high school students the relevance of education in their dreams and future plans. Middle and high school students are provided with career counseling and regularly-scheduled advisement to choose a focused plan of study. students choose a career area, create an Individual Graduation Plan (IGP), and graduate high school prepared to go to college or to enter the workforce.
Beginning in the 2010-2011 academic year, local school systems must provide to middle school students the following:
Information to enable students to successfully complete their individual graduation plans, preparing them for a seamless transition to post-secondary study, further training, or employment
What is the Individual Graduation Plan (IGP)?
All 8th grade students during their spring semester create an Individual Graduation Plan
The plan helps to map out the core subjects and focused work for the student
The plan is based on the student's selected academic and career area to prepare them for them for their chosen career.
Plan is a collaborative effort, bringing together parents/guardians, students, school counselor or teacher as advisor.
IGP may also include career-oriented and work-based learning experiences, and post-secondary studies through the Georgia's Multiple College Credit Now programs
Students are allowed to change their IGP with guidance from their parents/guardians, counselor, or teacher
Source: ADA Title II Technical Assistance Manual, ADA.gov
Title II of the ADA covers programs, activities, and services of public entities. It is divided into two subtitles. Subtitle A of title II, which is implemented by the Department of Justice's title II regulation. Title II of the ADA states that the programs and services these public entities offer must be provided in an integrated setting, unless separate or different measures are necessary to ensure equal opportunity.
Subtitle A is intended to protect qualified individuals with disabilities from discrimination on the basis of disability in the services, programs, or activities of all State and local governments. It additionally extends the prohibition of discrimination on the basis of disability established by section 504 of the Rehabilitation Act of 1973, as amended, to all activities of State and local governments, including those that do not receive Federal financial assistance. By law, the Department of Justice's title II regulation adopts the general prohibitions of discrimination established under section 504 of the Rehabilitation Act of 1973, and incorporates specific prohibitions of discrimination from the ADA.
A public entity covered by Title II of the ADA is defined as…
1. Any state or local government;
2. Any department agency, special purpose district, or any instrumentality of a State or local government;
3. Certain commuter authorities
Title II is intended to apply to all programs, activities, and services provided or operated by State and local governments. Currently, section 504 of the Rehabilitation Act only applies to programs or activities receiving Federal financial assistance. Because many State and local government operations, such as courts, licensing, and legislative facilities and proceedings do not receive Federal funds, they are beyond the reach of section 504.
Title II of the ADA covers state funded schools such as universities, community colleges and vocational schools. Title III of the ADA covers private colleges and vocational schools. If a school receives federal dollars regardless of whether it is private or public it is also covered by the regulations of Section 504 of the Rehabilitation Act requiring schools to make their programs accessible to qualified students with disabilities. Under Section 504, schools and universities Qualified interpreters, assistive listening systems, captioning, TTYs, qualified readers, audio recordings, taped texts, Braille materials, large print materials, materials on computer disk, and adapted computer terminals are examples of auxiliary aids and services that provide effective communication. Such services must be provided unless doing so would result in a fundamental alteration of the program or would result in undue financial or administrative burdens. According to a 1992 publication on the ADA and postsecondary education by the Association on Higher Education and Disability (AHEAD), the Department of Education has never accepted an argument for undue financial burden under Section 504.
Integration of individuals with disabilities into the mainstream of society is fundamental to the purposes of the Americans with Disabilities Act.
Higher Education Opportunities Act:
Source:
The Higher Education Opportunities Act is designed to support students with intellectual disabilities who are seeking to continue academic, career and technical, and independent living instruction in order to prepare for gainful employment. The programs offered include an advising and curriculum structure, and requires students with ID to participate on not less than halftime basis with nondisabled students in
1. Regular enrollment in credit-bearing courses
2. Auditing for participating in courses for which the student does not receive regular academic credit
3. Enrollment in noncredit-bearing, nondegree courses, or
4. Participation in internships or work-based training
The HEOA defines the term “student with an intellectual disability” to mean a student with mental retardation or a cognitive impairment, characterized by significant limitations in intellectual and cognitive functioning, and adaptive behavior as expressed in conceptual, social, and practical adaptive skills, and who is currently, or was formerly, eligible for a free appropriate public education under the Individuals with Disabilities Education Act (IDEA). The HEOA authorizes a new program of awards to institutions of higher education to support model comprehensive transition and post-secondary programs for students with intellectual disabilities. Funds are to be used for models that provide individual supports and services to promote the inclusion of students with intellectual disabilities in academic courses, extracurricular activities, and other aspects of the institution’s regular post-secondary program, and include a focus on academic enrichment, socialization, independent living skills, integrated work experiences, person-centered planning, and the creation of a meaningful credential for students upon completion of the program. The HEOA requires the Department to establish an advisory commission on accessible instructional materials in post-secondary education for students with disabilities. The Commission is charged with conducting a study to (1) assess the barriers and systemic issues that may affect, and technical solutions available that may improve, the timely delivery and quality of instructional materials; (2) make recommendations for a comprehensive approach to improve opportunities for students with print disabilities to access materials in a time frame comparable to the availability for non-disabled students. The recommendations are to inform Federal regulations and legislation, support the model demonstration programs authorized under section 773 of the HEA, identify best practices, improve the effective use of such materials, and modify the definitions of
instructional materials, authorized entities, and eligible students. The Commission must provide a report to the Secretary and Congress detailing the findings and recommendations of the study not later than one year after its first meeting.
Rehabilitation Act of 1973 (Section 504):
The Rehabilitation Act of 1973 replaces the Vocational Rehabilitation Act, to extend and revise the authorization of grants to States for vocational rehabilitation services, with special emphasis on services to those with the most severe disabilities, to expand special Federal responsibilities and research and training programs with respect to individuals with disabilities, to establish special responsibilities in the Secretary of Health, Education, and Welfare for coordination of all programs with respect to individuals with disabilities within the Department of Health, Education, and Welfare.
This landmark legislation prohibits discrimination on the basis of disability in programs conducted by Federal agencies, in programs receiving Federal financial assistance, in Federal employment, and in the employment practices of Federal contractors. The standards for determining employment discrimination under the Rehabilitation Act are the same as those used in title I of the Americans with Disabilities Act. Section 504 of the Rehabilitation Act created and extended civil rights to people with disabilities. Section 504 has provided opportunities for children and adults with disabilities in education, employment and various other settings. It allows for reasonable accommodations such as creating a special study area and assistance as necessary for each student .
The BRIDGE (Building Resourceful Individuals to Develop Georgia's Economy) Act:
Source: Georgia Department of Education (www.gadoe.org)
The BRIDGE Act, HB 400, was signed into law in May 2010 for the purpose of showing middle and high school students the relevance of education in their dreams and future plans. Middle and high school students are provided with career counseling and regularly-scheduled advisement to choose a focused plan of study. students choose a career area, create an Individual Graduation Plan (IGP), and graduate high school prepared to go to college or to enter the workforce.
Beginning in the 2010-2011 academic year, local school systems must provide to middle school students the following:
- Counseling
- regularly-s advisement
- career awareness
- career interest inventories
- information to assist students in evaluating their academic skills and career interests
- Begining in the 2010-2011 academic year, local school systems must provide to high school students the following:
- Career counseling
- Career guidance
- Regularly-scheduled career advisement
Information to enable students to successfully complete their individual graduation plans, preparing them for a seamless transition to post-secondary study, further training, or employment
What is the Individual Graduation Plan (IGP)?
All 8th grade students during their spring semester create an Individual Graduation Plan
The plan helps to map out the core subjects and focused work for the student
The plan is based on the student's selected academic and career area to prepare them for them for their chosen career.
Plan is a collaborative effort, bringing together parents/guardians, students, school counselor or teacher as advisor.
IGP may also include career-oriented and work-based learning experiences, and post-secondary studies through the Georgia's Multiple College Credit Now programs
Students are allowed to change their IGP with guidance from their parents/guardians, counselor, or teacher