ADA and K-12 Education
The Americans with Disabilities Act (ADA) protects students with disabilities from discrimination and requires the removal of barriers to ensure equal access to education. While both public and private schools have obligations under the ADA, the specific requirements differ depending on the type of school. (Note: Schools that are owned or operated by a religious organization are not covered by the ADA). Here’s a breakdown of how the ADA applies in public and private K–12 educational settings.
Public K–12 Schools
Covered under Title II of the ADA: All public schools (district schools, charter schools if publicly funded).
- No discrimination based on disability.
- Must provide equal access to programs, services, and activities.
- Must make reasonable modifications to policies, practices, and procedures.
- Must ensure effective communication, including providing auxiliary aids and services (e.g., sign language interpreters, captioning).
- Facilities must be physically accessible under ADA standards.
Private K–12 Schools
Covered under Title III of the ADA: Private, non-religious K–12 schools.
- No discrimination against students with disabilities.
- Must make reasonable modifications to policies unless it would fundamentally alter the nature of the service.
- Must ensure effective communication.
- Must remove architectural barriers where readily achievable (low-cost fixes like installing ramps, widening doorways). New construction must meet 2010 ADA Standards for Accessible Design.
ADA and Post-Secondary Education
The Americans with Disabilities Act (ADA) requires colleges, universities, and other postsecondary institutions to provide equal access for students with disabilities. Requirements vary depending on whether the institution is public or private, but all covered schools must avoid discrimination and offer reasonable accommodations. (Note: Religious postsecondary institutions (if controlled by a religious entity) are exempt from the ADA).
In both public and private post-secondary institutions, the ADA does not require lowering academic standards. Unlike K-12 education, students must self-identify and request accommodations. Institutions may require documentation to receive reasonable accommodations, but they cannot create unreasonable barriers to the accommodations process. All services and programs must be provided in the most integrated setting appropriate.
Public Institutions
Covered under Title II of the ADA: State colleges, public universities, community colleges
- Must not discriminate based on disability
- Must make reasonable modifications to policies, practices, and procedures
- Must ensure accessibility of programs, housing, transportation, and events
- Must provide effective communication (e.g., captioning, interpreters, accessible technology)
- Must provide auxiliary aids and services as needed
- Must designate an ADA Coordinator
- Must have a grievance procedure
Private Institutions
Covered under Title III of the ADA: Private colleges, trade schools, vocational programs
- Must not discriminate based on disability
- Must make reasonable modifications unless it would fundamentally alter the nature of the program
- Must remove physical barriers where readily achievable
- Must provide effective communication and accessible course materials
- Must provide auxiliary aids and services
- Not required to have an ADA Coordinator, but still legally responsible for compliance
Resources
Disability Rights Laws in Public Primary and Secondary Education: How Do They Relate? (Southwest ADA Center)
-A comprehensive guide comparing the three main laws that protect the rights of students with disabilities in public schools. Includes a comparison chart of the three laws.
Research Brief: Higher Education and the ADA. (ADA National Network)
Auxiliary Aids and Services for Postsecondary Students with Disabilities (DOE)
Education Organizations Related to Disability (Great Plains ADA Center)
Individuals with Disabilities Education Act (IDEA) Website (DOE)