Understanding Post-Secondary Learning Disability Legislation
Understanding Post-Secondary Learning Disability Legislation
Understanding how legal protections change from high school to college is essential for students with learning disabilities and their families. While high schools provide a structured environment where the school is responsible for ensuring accommodations, colleges operate under a different legal framework where self-advocacy is the key, as colleges expect students to manage accommodations independently.
The laws providing protections for high school students with learning disabilities are the Individuals with Disabilities Act of 2004 (IDEA) and Section 504 (Subpart D) of the Rehabilitation Act of 1973, which ensure that eligible K-12 school students receive the services and support they need to access a free, appropriate public education. This includes accommodations written into Individualized Education Plans (IEPs) or 504 plans. However, the IDEA does not apply to colleges, and IEP and 504 plans are specific to K-12. The applicable laws during college are the Americans with Disabilities Act of 1990 (ADA), which applies to all colleges unless they are religiously controlled, and Section 504 (Subpart E), which applies to all colleges that receive federal financial assistance. Colleges must provide reasonable accommodations and ensure that students with disabilities have equal access but are not required to modify curriculum or academic standards.
You are not required to disclose your learning disability prior to admission, as colleges cannot deny admission based solely on a disability. Students are required to self-disclose their learning disability to receive accommodations once enrolled in college. Make sure you gather important documents, including your IEP or 504 Plan, recent evaluations (psychological, educational, or medical), and documentation of standardized test (College Board or ACT) accommodations. If a college denies a request for accommodations, you have a right to appeal within the college.
College students’ privacy rights are protected under the Family Educational Rights and Privacy Act (FERPA), which prevents colleges from disclosing disability-related information without the student’s permission. It is also important to note that in college, parents’ roles change drastically as parents cannot access records without the student’s written consent (through a FERPA release).
The Respond, Innovate, Succeed and Empower (RISE) Act is a proposed bipartisan federal bill originally introduced in June 2017 and reintroduced in both chambers of Congress in 2025 and 2026 that would help ease the transition from high school to post-secondary education for students with learning and other disabilities. It would allow college students to use existing documentation such as an IEP or 504 plan to receive accommodations in college.
Sources
Mitchell, Stephanie. "High School vs. College: What Students with Learning Differences Need to Know." Independent Educational Consultants Association, 2026.
White & Case. "Learning Disabilities and the Law: After High School: An Overview for Students." Learning Disabilities Association of America, 11 Dec. 2018.
"Chair Cassidy, Colleagues Introduce Bill Empowering Students with Disabilities to Succeed in Higher Education." U.S. Senate Committee on Health, Education, Labor, and Pensions, 8 Jan. 2026.
