Entitled to Education Defined
High schools are required under IDEA to identify the educational needs of students with a disability and provide a free and appropriate education. In 1975, Congress passed the Education for All Handicapped Children Act.
This act, commonly known as Public Law 94-142, provided that any child with a disability was "entitled to a free and appropriate education" in public school systems.
That law, along with its numerous re-authorizations, reflects the nation's commitment
to educating all its children, whether they have disabilities or not.
Right to Equal Access Defined
Higher Education institutions are required to provide appropriate academic accommodations to ensure that a student is not discriminated against. The student is responsible for disclosing his or her disability to the institution.
In 1990, Congress passed the Americans with Disabilities Act. Modeled on section 504 of the Rehabilitation Act of 1973, ADA is a civil rights law. It prohibits discrimination on the basis of disability, as long as the person is otherwise qualified. In the case of publicly funded colleges and universities, ADA affirms the right of a student with a disability to a level playing field.
Civil rights laws and the reasonable accommodations they call for are in no way intended — nor are they able to guarantee success. At most, a student can expect an equal chance to do the same work as their peers.
