Disability Law Summary K-12 vs. Higher Education

This screen-reader accessible table summarizes four primary laws pertaining to K-12 legal requirements for accommodations vs higher education legal requirements for accommodations. The table also describes how each law addresses service animals.

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Disability Law Summary K-12 vs. Higher Education (additional resources provided below)

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Law: Individuals with Disabilities Education Act (IDEA)

Quick Summary: Students are entitled to “free and appropriate public education.” This includes accommodations and modifications outlined in their individualized education program (IEP). The focus is on student success. This can include fundamental modifications to the program of study.

Who Advocates: The student’s teachers, TVI, related service providers, and parents/family. IDEA (Part B) requires schools to provide services to students with disabilities ages3 to 21. In TN, students can receive services until their 22nd birthday.

Service Animals: Although the right to have a service animal is not excluded under IDEA, it is not specifically covered under this law.

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Law: Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA)

Quick Summary: These laws protect individuals from discrimination based on their disability. Individuals must prove that they are eligible (i.e. are a person with a disability that experiences barriers to major life functions) for services and supports, like accommodations. The focus is on equal access. No fundamental modifications are permitted.

Who Advocates: The individual must initiate the request for accommodations. The individual must provide documentation and work with disability services in higher education to engage in an interactive process to determine reasonable accommodations. The disability services office is not required to honor a student’s high school IEP.

Service Animals: The ADA defines a service animal as a dog that is trained to do work or perform tasks for an individual with a disability. An emotional support animal is not considered a service animal under the ADA. A person with a disability who uses a service animal may bring the animal on campus and in classrooms if the animal is housebroken and under control by the handler. The ADA does not cover service animals in training.

Law: Fair Housing Act (FHA)

Quick Summary: This Act prevents discrimination in housing based on several statuses, including disability. Student housing must comply with the FHA, and this includes providing reasonable accommodations or reasonable modifications that allows the individual equal opportunity to use the dwelling.

Who Advocates: The individual must initiate the request for housing accommodations and support. In higher education, students usually speak with the disability services office and/or the campus housing office. The disability services office is not required to honor a student’s high school IEP.

Service Animals: The FHA offers broader protections than the ADA. The FHA covers assistance animals which includes service animals and emotional support animals. Emotional support animals do not have to be trained to perform a task but can provide emotional support that alleviates one or more symptoms of a person with a disability. The FHA does allow for service animals in training if the trainer is the person with a disability. An assistance animal may be asked to be removed if the animal poses a direct threat to the health and safety of others or would cause physical damage to the property of others.

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