Exceptional Needs Today Issue 3

Page 47

EXCEPTIONAL EDUCATION

What Happens When Student Services End

The Vanishing IEP By Toby Tomlinson Baker

CHANCES ARE WE ALL KNOW A STUDENT WITH A DISABILITY. THERE ARE ABOUT SEVEN MILLION TEENS IN THE NATION WHO CURRENTLY HAVE AN INDIVIDUALIZED EDUCATION PROGRAM (IEP), THE DOCUMENT THAT IS WRITTEN ANNUALLY AND SPECIFIES THE EXACT SERVICES EACH STUDENT WITH DISABILITIES RECEIVES THAT HAS SUPPORTED THEM ALL THROUGH SCHOOL.

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ut the second these students graduate from high school and enter college, their IEP vanishes. Twelve percent of all students enrolled in college have disabilities. Many families wonder what happened to their child’s IEP. They ask, “How will my child receive the help they need during college? How can we deal with the ‘Vanishing IEP?’” The protections for students with disabilities written in their IEPs are covered by the Individuals with Disabilities Education Act of 1975 (IDEA). This legislation no longer applies once a student with disabilities graduates from high school. So, if this law does not apply to post-secondary students with disabilities, what laws do apply? The Higher Education Opportunity Act was enacted in 2008, which was the first time in 40 years legislation focused on postsecondary students with disabilities. In 2019, the Higher Education Act was reviewed for reauthorization, yet lawmak-

ers in Washington reached an impasse. Even though there have been many changes in higher education impacting these students, no legislation has been amended. Currently, there is no consistent mandated legislation protecting students with disabilities in higher education. Since the IDEA is obsolete, the Americans with Disabilities Act (ADA) seems to be the go-to for legislation in higher education. The ADA’s protections are very broad and do not apply specifically to students with disabilities. Postsecondary students with disabilities need IEPs to have the same services as they had in high school. Not enough students with disabilities are making a successful transition from high school to college or other training programs. Students with disabilities enter college with the dream of graduating. Yet too many students are failing their classes, dropping out or, as experts say, “departing.” In fact, 72 percent of post-secondary students with disabilities departed last year!

Exceptional Needs Today | Issue 3 | 47


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