Defining Disability: Education
Disability in education is protected by the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act (ADA). The definition of “disability” in education is constant, but access to accommodation depends on age, location, and available programs.
“Disability” in Education
The federal definition of disability states that a person with a disability is someone who has a physical or mental impairment that substantially limits one or more major life activities.
“Substantially limits” refers to conditions that interfere with life. It is interpreted broadly and many conditions fit this criteria. The goal of this standard is to eliminate inconveniences to life, like a minor pollen allergy, not an interference to life, like a deadly peanut allergy.
Major life activities are activities that people do daily, ranging from bodily functions to regular tasks. Some examples include:
- Speaking
- Swallowing
- Breathing
- Standing
- Walking
- Reading
- Communicating
The most important thing to understand about “disability” in education is that it is applied in different ways. Moreover, there are different rules for disabled students in K-12 than students in higher education. There are 504 Plans and Individualized Education Plans for K-12, and higher education is governed by the ADA. However, it is important to note that these laws only apply to public education and public schools. Private schools and carter schools do not have to provide accommodation under the law.
504 Plans
504 plans provide services or changes to the learning environment that enable students with disabilities to learn alongside their peers. Furthermore, any child who has a disability that interferes with their ability to learn in the classroom is eligible. These plans are provided at no cost and generally include specific accommodation and support services.
Individualized Education Plans
Individualized Education Plans (IEP) provide individualized education related services and supports to meet a disabled child’s specific needs. These plans are significantly more specialized and have stricter eligibility criteria. Specifically, a child must meet the requirements for one of 13 disability categories. They must also show that their disability interferes with their education and ability to learn. IEPs are also provided at no cost.
Higher Education and the ADA
Under the ADA, state and local governments must provide people with disabilities an equal opportunity to benefit from all of their programs, services, and activities. Public education falls under state and local government activities. For this reason, community colleges and public universities must provide accommodation for students. However, these institutions do not have to provide the same level of services as required by IEPs, like tutoring. Additionally, any student that needs accommodation has to register as a student with disabilities. Most universities and colleges have a disability services office for students.
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