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Secondary schools and postsecondary institutions differ in their obligations to students with disabilities under the regulations of Section 504 of the Rehabilitation Act of 1973. This article presents several of the key differences between Subpart D, which applies to secondary schools, and Subpart E, which applies to postsecondary institutions. Implications of these differences for the transition process are discussed.
You work with a high school student with a disability who receives accommodations and services under a Section 504 plan. The student is preparing to transition to college, and she and her family have asked if her 504 plan will carry over to the college level. Although colleges and universities are covered under section 504, can she expect the same services? Do her legal rights and responsibilities change? It may surprise many secondary school personnel to know that not only are the same services unlikely but, in fact, the student may not be eligible for postsecoiidary education because section 504 regulations are different across the two settings.
Recent publications (deBettencourt, 2002; Smith, 2002) have analyzed the differences between the Individuals with Disabilities Education Act (IDEA, 1997) and section 504 requirements. Certainly, it is vital that secondary school professionals have such knowledge to ensure that students with disabilities receive the most appropriate level of services. However, currently missing from the literature is a discussion of the key differences within the regulations of section 504 and how these regulations apply to both secondary education programs and postsecondary institutions. With increasing numbers of secondary school students being served by Section 504 plans and subsequently transitioning to postsecondary education, understanding the significant differences within section 504 is critical to enhance transition outcomes for students with disabilities.
An Overview of Section 504
Section 504 of the Rehabilitation Act of 1973 is divided into seven subparts (see Appendix A, for a brief summary of each subpart). Of particular importance to secondary schools is Subpart D, which applies to "preschool, elementary, secondary, and adult education programs and activities that receive or benefit from Federal financial assistance" (§104.31). In contrast, Subpart E "applies to postsecondary education programs and activities, including postsecondary vocational education programs and activities, that receive or benefit from Federal financial assistance" (§104.41). The two subparts share common definitions and provisions...