Monday, January 19, 2015

Transition Information Part 2 – The Legal System



High School versus College Education for Students with Special Needs





Many areas change during this time. I am going to go slowly and in depth with the different areas of change. Some of the areas that I will discuss in this and other blog posts include legal obligations, accommodations, the role of the parent, confidentiality, self-advocacy, and school areas regarding studying, tests, and how the time spent in school differs.

I thought before I get into the more complicated parts of transitioning that I would use this post series to show what the exact differences are in relation to high school and college when it pertains to the law. This is important information for any parent and young adult to have because many changes happen during this time that if not prepared for them, can cause serious undo stress. My motto is to be proactive and not reactive. Autism transitioning does not have to be a "bad" transition. With knowledge, resources, and a support system in place, helping your child through this transition of high school to college can be made less painful and confusing for all involved.


LEGAL PRINCIPLES

In high school, the Individuals with Disabilities Education Act or IDEA require public education schools to provide assistance with two programs put into place. The first is the section for children birth to two years old while the second program is for those ages 3 - 21 years old. Under IDEA, it is the schools' and parent's responsibility to help children with disabilities to receive an appropriate education with whatever accommodations needed for them to succeed. Each student is required to have an Individualized Education Plan or IEP that tracks their goals and successes throughout their education in public schools. The US Department of Education explain the IEP for you to familiarize yourself with the legal terminology but for a nonprofessional's understanding of the IEP, Understood for learning and attention issues is a better site. I suggest reviewing each site and then you will have a great base of understanding what an IEP is for, how it should be used, and what should be in the IEP.

While and IEP is used as a child grows, once they reach 21 years old (in most states), they are released from that program and the public education system no longer has to provide services, etc. It is, at this point, that the Rehabilitation Act of 1973 and Section 504 are implemented for your young adult. The Rehabilitation Act focuses on these issues:
  1. Grants for programs for vocational rehabilitation
  2. Assist with supported employment opportunities
  3. Assist with supported living arrangements that best suit the person's need
  4. Focuses on the rights, advocacy, and protection of those who have disabilities

The main area that most parents and their young adult need to be aware of and educated about is Section 504 of the Rehabilitation Act. The section is an act that protects those with disabilities from being discriminated against concerning community services, employment opportunities, and public accommodations. This act applies to any program that receives federal funding such as public colleges, hospitals, nonprofit organizations, and public housing.

The Americans with Disabilities Act (ADA) is a federal law that protects people with disabilities form discrimination in employment and states that they have the right to any public accommodations and access to programs from public agencies. It is very important to note here the difference between high school and college from a legal standpoint.

The public schools must provide services and seek out those who may need services until the age of 21. After that, it is the student's responsibility to know about the Rehabilitation Act, Section 504 and the Americans with Disabilities Act. They must seek services through college departments that pertain to students with disabilities. If they do , they will not receive any services from the college they attend. This is one good reason why self-advocacy is so important.

After careful review of the links provided, you should have a good deal of knowledge about the legalities of the age of majority. You should also be quite familiar with the differences for students with disabilities face as they transition from high school into college..

Next time, we will discuss the roles of parents, confidentiality and self-advocacy.

Comments, suggestions, questions are encourage. Do you know of a great site for others to access regarding transitioning If so, please leave the links in the comments section below. If you did not read my first post in this series, you can find it - Transitioning Starting Day.

Regards,
~ Holley Jacobs