Accommodations in postsecondary education are governed by Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 (ADA). The Individuals with Disabilities Education Act (IDEA) is no longer applicable. It is important to understand the differences between the laws and the new rights and responsibilities your student will have while attending a postsecondary institution. Additionally it will be important to understand the Family Educational Rights and Privacy Act (FERPA) and how that applies to student records, including disability documentation records.
Please click on this link for helpful information for you and your student: Preparing for Post Secondary Education
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Accommodation Process Differences Between High School and College |
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High School |
College |
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Laws focus on high school completion. Education is a right and provided for free. |
Laws focus on equal access. Education is not a right. Students must meet admissions criteria. |
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Student is identified by the school and is supported by parents and teachers. |
Student must self-identify or disclose disability status to the appropriate NMSU Campus Office |
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The school may provide an assessment of disability and closely involve parents. |
The student is expected to provide sufficient information about their disability, and provide documentation at their own expense, if requested. |
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Parents have access to records and can participate in the accommodation process. Parents are expected to advocate for the student. |
The student is considered an adult with privacy and confidentiality protections. The student is expected to advocate on their own behalf. |
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The school develops an IEP or 504 plan, implements the plan, and monitors student progress. |
Student requests specific accommodations with supporting information and the institution conducts an interactive process to determine reasonable accommodations needed for equal access. Student informs institution if additional accommodations are needed or concerns arise. |
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Services include individually designed instruction, modifications, and accommodations based on the IEP/504 plan to ensure successful graduation. |
Reasonable accommodations are made to provide equal access and participation. Instructors are not required to lower academic standards or implement substantial modifications that would impact essential requirements of courses or programs of study.
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The school is responsible for ensuring students receive services and accommodations. |
Students must initiate accommodation requests and follow appropriate accommodation processes to ensure accommodations are received. |
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Tutoring and study support may be a service provided as part of an IEP/504 plan. |
Students use tutoring and other student success services available to all students through other departments on NMSU Campus. |
