Impact of Rights and Responsibilities as Students Transition into Adulthood

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Law Requirements and Setting Responsibilities in High School

  • IDEA mandates that every student has the right to a free and appropriate education (FAPE) that meets the individual needs of each student
  • Schools have the responsibility to identify and evaluate students who may have a disability
  • Section 504 ensures that students with a disability (that do not qualify for an IEP) receive equal access to education
  • IEP and 504 Plans are developed by a team including teachers, related service providers, the student, parents, and any other individuals who work with the student
  • Related services, personal devices, and/or the need for a modified curriculum must be provided by the school if included in the IEP

 

Law Requirements and Setting Responsibilities in Postsecondary Education

  • FAPE is no longer mandated. The student must prove they are qualified for the program given allowable accommodations
  • Section 504 and the ADA require postsecondary institutions to provide reasonable accommodations for individuals who (1) disclose their disability and (2) provide evidence of the need for accommodations
  • There is no requirement to provide related services, personal devices, or interventions
  • There is no requirement to admission requirements, content, or standards for passing courses

 

Law Requirements and Setting Responsibilities in the Workplace

  • Section 504 and the ADA mandate that individuals with a substantial impairment have the right to reasonable accommodations if the workplace has more than 15 employees
  • The employer is required to provide reasonable accommodations as long as they do not alter the operation or function of the business
  • Employers must provide accommodations, but are not required to change the responsibilities or job description of the position

 

Student Responsibilities in High School

  • Students are required to be invited to and attend IEP meetings beginning at age 14
  • During high school, students are not required to seek out their own services but it is considered best practice that students participate in IEP and 504 plan development as well as lead their IEP meetings so that they can learn to advocate for their needs in the school setting

 

Student Responsibilities in Postsecondary Education

  • Students must have knowledge about their disability and be able to advocate for accommodations that are
  • Students are not required to disclose their disability unless they want to apply for accommodations
  • If students choose to disclose their disability, they should contact The Disability Services Office
  • Students are financially responsible for providing a current evaluation indicating diagnosis of disability (IEP and 504 plans do not meet this requirement)

 

Student Responsibilities in the Workplace

  • Students should understand the difference between reasonable accommodations and the necessary skills needed to meet the job requirements
  • Students are not required to disclose their disability unless they want to apply for accommodations. If they need accommodations, they do not need to disclose prior to accepting the position
  • Student must communicate with employer to identify reasonable accommodations that are needed in order to fulfill the job requirements

 

Parent/Guardian Involvement in High School

  • If the student is under 18, parents/ guardians are required to be included on the IEP team and be notified of changes and progress the student is making
  • If the student is 18 or older and the parent/guardian does not have conservatorship, they are not a part of the IEP team unless the student gives permission

 

Parent/Guardian Involvement in Postsecondary Education

  • Parents/guardians are no longer required to be involved in correspondence
  • It is illegal for staff to speak with parents without students giving permission or without proof of conservatorship or a supported decision making plan.

 

Parent/Guardian Involvement in the Workplace

  • Parents/guardians may only be contacted if the employee has given permission, or in the case of an emergency (only if the parent is listed as an emergency contact)

 

Vocational Rehabilitation’s Role

  • Must provide Pre-ETS to all students with disabilities between ages 14 and 22, even if they are not VR clients
  • If requested by a parent, student, or teacher, VR should participate in IEP or 504 Plan meetings to assist with transition services and planning
  • Provide counseling and guidance to students regarding career exploration including transition into postsecondary education or employment settings with Transition School to Work (TSW)
  • Assist students with options for postsecondary funding
  • If a student is deemed eligible for VR services, a VR counselor will develop an Individualized Plan for Employment and provide a variety of services to the student based on their needs and goals