What is the difference between 'entitled to education' and 'right to equal access to education'?
Unlike elementary and secondary schools, post-secondary education offers access rather than entitlement to academic programs. Most parents of a child with a disability at some time learn something about the laws that govern their child's education in the public schools. 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. Fundamentally, 94-142 and its successors (including the Individuals with Disabilities Education Act of 1990 and IDEA Improvement Act of 1997) said that public schools, with your input and appropriate assessments, would determine what was most appropriate for your child's education. Then they were required to provide that education.
As a parent, you may wish it had been that easy all along, and perhaps it was. Now, however, your child has reached majority under the law, and the rules of the game have changed. The principles of 94-142 and IDEA, including the required IEP (Individualized Education Program), no longer apply. (Note: 504 Plans, under which many students are now served in high schools, are no longer valid either. Please take the "Next" link below for more information.)
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.
That means that WPI must ensure access to all students who are otherwise qualified. Access means much more than ramps and elevators and wide parking spaces. It also means access to information and to technology. Therefore, WPI must make reasonable accommodations for students' disabilities, in order that they may be able to demonstrate their ability.
However, civil rights laws and the reasonable accommodations they call for are in no way intended -- nor are they able - to guarantee success. At most, students can expect an equal chance to do the same work as their peers.
Maintained by webmaster@wpi.eduLast modified: August 28, 2007 14:50:28
