Not many countries make a
distinction between secondary and post-secondary
education but the differences are very important in the USA, not least
because they determine the application and eligibility process. A high school
education (secondary in this context) is subject to the rules and regulations
of the Federal Government as enacted by congress under the ADA Act of 1990.
This process started way back in 1973 with the IDEA Act. The rationale was to
ensure that people who had a recognized disability where not excluded from the
mainstream education facilities. In particular there was an expectation that
this type of service would be free at the point of delivery. Another major
concern was the need to ensure that the education that was being provided was
appropriate for the needs of the students. This could be assessed in terms of
cultural sensitivity, interest, value and “enabling” the student in all ways possible.
The Beginnings of Equal Access and Mainstreaming
One of the complaints about
education services for people with disabilities is that they tended to separate
the service users and therefore emphasizing the differences that they had. The
fact that there were special enabling provisions did not mean that the
individuals affected had to feel stigmatized by difference. In all probability
the lessons had been learnt following the experience of implementing
affirmative action programs for children from minority communities who were
subsequently subjected to hurtful questions about their ability. Therefore
secondary education was comprehensively overhauled in order to remove any
barriers and discriminatory practices whilst simultaneously mainstreaming their
operation as far as practically possible.
Eligibility Criteria and Testing
Perhaps one of the most
intimidating aspects of the programs was the fact that the people that had
disabilities were on onus to explain and evidence their eligibility. Although
this practice has subsequently been criticized by campaigners and educators as
being a form of stigma; those that are concerned about the viability of the
projects argue that it is the only way of ensuring that the available limited
resources are utilized in a responsible manner. As it stands; all youth,
children and infants of 21 years and below with a defined disability under ADA
are able to access special education services free of charge. The school
district is supposed to ensure that an objective and comprehensive assessment
is carried out before developing an education plan for the secondary education
program. Typically the district will then design a special instruction model
and provide the right accommodation. Those that are on the program or would
like to join the program are encouraged to engage in self-advocacy so that the
services are bespoke to their needs. Often the districts will adopt a
one-size-fits-all approach in order to maintain budgetary discipline.
Post-Secondary Education at College and University Institutions
Although the federal government is still involved in post-secondary education rules and
regulations; the actual enabling legislation is different. For example in this
case reference is made to the Rehabilitation Act of 1973. Under Section 504,
nobody that is eligible under this program is to be denied special services
according to their needs. The act also addresses issues of direct and indirect
discrimination in policy making/implementation. At this level, the expectation
for self-advocacy is higher because the individuals affected are past their
minority for almost all states. The downside is that disability is actually
quite diverse and therefore people who have specific needs due to learning
disabilities may be presumed competent to engage in self-advocacy when the
reality is that they are not. In particular the requirement for students to
obtain their own documentation and fill it can be onerous for certain categories
of people with disabilities. That is why there was a move to incorporate the
services of a competent professional who was officially recognized as being
qualified to assess a particular disability.
Arranging for and Receiving Services
This responsibility falls on the students in most cases
unless other just cause is shown. However there is always a team of
disabilities staff who are able to give information and guidance. In this case
the focus is on accommodations rather than special education. By and large the
programs have worked well although there is still suspicion about the
stigmatizing eligibility assessment criteria. Nevertheless both secondary and post-secondary education are important
tools in ensuring that all Americans get a good education.
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