Legal issues
This website is designed to be informational only.
Information shall not be construed as legal advice in any way.
Students and parents familiar with the Individuals with Disabilities Education Act of 1990, or IDEA, often are surprised to find that this law does not apply to postsecondary education.
In fact, the University of Minnesota is governed by two federal statutes and a Minnesota law that prohibits discrimination against individuals on the basis of disability and requires reasonable accommodations for qualified individuals. The Americans with Disabilities Act of 1990 (ADA) provides that no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefit of services, programs or activities of a public entity or place of public accommodation. Section 504 of the Rehabilitation Act of 1973 is the law that provided the underpinning of the ADA but is limited only to recipients of Section 504. Finally, the Minnesota Human Rights Act has similar such discrimination and reasonable accommodation provisions as the ADA.
Students can successfully transition from high school to college by carefully considering issues such as these:
Students must meet both academic and technical standards for admission to college. Colleges are not required to fundamentally alter or "water down" academic or technical standards.
Students must identify themselves to the office of disability services in order to receive service. Colleges are not required to perform a "child find". In addition, students must provide the college with documentation of disability. The cost of the documentation generally is borne by students. Some colleges may require more evidence than was required by students' high schools. We recommend that parents and students work with their school districts to plan in advance for college and make sure that documentation is current by the students' last year of high school.
Colleges are required to provide reasonable accommodations only to known limitations of an otherwise qualified individual. Colleges determine the reasonable accommodation that will be provided, on an individualized basis. Colleges are not required to provide "unreasonable modifications" that may present an undue hardship, or pose a risk to self or others, or fundamentally alter a program or course.
Unlike K-12, colleges do not use Individualized Education Plans, or IEPs. Instead, colleges rely on documentation provided by students and then furnish students with letters for their faculty and staff that outline recommended accommodations.
Federal and state laws do not require teams meetings or progress reports. Students with disabilities typically meet each semester with a disability services specialist to arrange for accommodations. They receive grades and can use the wide array of student services available to all students on campus.
Colleges do not provide related services. This includes occupational therapy, physical therapy, speech therapy, or psychological counseling, among other things. However, students are entitled to equal access to services provided for all students.