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As you probably have learned by now, college presents many challenges to the new student. The challenges faced by college students with disabilities are even more daunting.

Key Disability Anti-Discrimination Laws in Education

IDEA

Since 1976, the Individual’s with Disabilities Education Act (IDEA) has been providing assistance to students with disabilities in the public schools. IDEA was enacted by Congress to provide an educational benefit that was meaningful to students with disabilities in the least restrictive environment. Many of these same students that had previously been identified by their public school districts under the IDEA are now applying to colleges across the United States. Unfortunately, the protection accorded by IDEA evaporates once a student graduates from high school.

Section 504 and ADA

Section 504 of the Rehabilitation Act of was enacted by Congress to eliminate discrimination of people with disabilities in programs receiving federal money. Title II of The American with Disabilities Act of 1990 was enacted to eliminate discrimination against people with disabilities in facilities and conveyances that serve the public. Both statutes were developed to “level the playing field” for students with disabilities to be able to compete with their non-disabled counterparts. In essence, while the IDEA attempted to provide a student with a specific benefit, Section 504 and ADA attempted to open the door of opportunity. While Section 504 protects students that attend public colleges, The ADA provides protection for students in private institutions. It does not matter if the student is protected under Section 504 or ADA as the language governing both statutes are virtually identical.