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August 24, 2010
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Students With Disabilities Preparing For Postsecondary Education

U.S. Department of Education, Office for Civil Rights

The Office for Civil Rights (OCR) in the U.S. Department of Education is providing the information in this pamphlet to explain the rights and responsibilities of students with disabilities who are preparing to attend postsecondary schools. 

OCR enforces Section 504 of the Rehabilitation Act of 1973 (Section 504) and Title II of the Americans with Disabilities Act of 1990 (Title II), which prohibit discrimination on the basis of disability. Practically every school district and postsecondary school in the United States is subject to one or both of these laws, which have similar requirements.

Because both school districts and postsecondary schools must comply with these same laws, you and your parents might believe that postsecondary schools and school districts have the same responsibilities. This is not true; the responsibilities of postsecondary schools are significantly different from those of school districts.

As a student with a disability leaving high school and entering postsecondary education, will I see differences in my rights and how they are addressed?

Yes. Section 504 and Title II protect elementary, secondary and postsecondary students from discrimination. Nevertheless, several of the requirements that apply through high school are different from the requirements that apply beyond high school. For instance, Section 504 requires a school district to provide a free appropriate public education (FAPE) to each child with a disability in the district's jurisdiction. Whatever the disability, a school district must identify an individual's education needs and provide any regular or special education and related aids and services necessary to meet those needs as well as it is meeting the needs of students without disabilities.

Unlike your high school, your postsecondary school is not required to provide FAPE. Rather, your postsecondary school is required to provide appropriate academic adjustments as necessary to ensure that it does not discriminate on the basis of disability. In addition, if your postsecondary school provides housing to nondisabled students, it must provide comparable, convenient and accessible housing to students with disabilities at the same cost.

 

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Did You Know?    
 
 
Unfair treatment is not necessarily unlawful discrimination.


 


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Latest news about Civil Rights cases in New Jersey and nationwide:

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Schiff Receives Top Ratings From Two Civil Rights Groups
"I am proud to receive ‘A’ grades from both the NAACP and the Leadership Conference on Civil Rights," Rep. Schiff said today. "Working for civil an...
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Civil Rights Lawyers.com Terms

 


Today's Terms

Disparate Treatment

Definition:
Inconsistent application of rules and policies to an individual or one group of people over another. Discrimination may result when rules and policies are applied differently to members of protected classes. Disciplining Hispanic and Afro-American employees for tardiness, while ignoring tardiness among other employees, is an example of disparate treatment.

Employment agency

Definition:
Means any person regularly undertakingwith or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such a person.

Underrepresention

Definition:
Inadequately represented in the work force of a particular activity. This term is used to describe the extent to which women, minorities, and persons with disabilities are represented in particular grade levels and job categories.

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