What they may not know, however, is that IDEA does not apply to postsecondary education programs and institutions
Pre-college students and their parents are likely quite familiar with the benefits and services afforded them through the Individuals with Disabilities Education Act (IDEA)
- Schools s. They may not, however, adopt or adhere to requirements that rely on overly broad generalizations or stereotypes regarding differences between transgender students and others of the same sex, or others’ discomfort with transgender students.
- Schools may not discipline a student or exclude him or her from school activities for appearing or behaving in a manner consistent with his or her gender identity, or in a way that does not conform to stereotypical notions of masculinity or femininity.
Source: U.S. Departments of Justice and Education, National Center for Transgender Equality, National Educational Association: Legal Guidance on Transgender Students’ RightsWhat to Do if Your Rights AreViolated as a Transgender Student
Pre-college students and their parents are likely quite familiar with the benefits and services afforded them through the Individuals with Disabilities Education Act (IDEA)
- Know Your Rights As with all Title IX protected subjects, it’s important to have a clear understanding of just what rights are available to you as a transgender college student. Visit your school’s website for information on Title IX as well as your rights under your school’s code of student rights and responsibilities. Contact your campus Title IX office or office of student affairs with any questions you may have about your rights as a transgender student.
- Contact Your School If you believe your rights have been violated, you may want to contact your school’s Title IX office or office of student affairs to let them know. They may be able to help resolve your issue without the need if filing a formal complaint.
- File a Complaint with Your School If your problem cannot or is not resolved informally, the next step is to file a complaint with your school. Check your school’s code of rights and responsibilities or contact its Title IX office or office of student affairs for information on how to file your complaint and the subsequent procedures once your complaint is filed.
- Contact the U.S. Department of Education’s Office of Civil Rights (OCR) The OCR is authorized to investigate complaints claiming discrimination and/or retaliation by a covered entity (schools receiving federal funding).
- Consider Legal Action in Federal or State Court Whether or not you file a complaint with the OCR, you may wish to pursue a legal remedy in federal or state court. Consult with an attorney to gain a better understanding of your rights under federal and/or state law.
Disability Rights
Federal regulations regarding the rights of disabled students in college are found primarily in two places: Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act (ADA). The services provided through these statutes vary greatly from those FreeLocalDates afforded by IDEA, so it is important that college-bound students and their parents develop a clear understanding of those differences and what rights are now available to them.
Section 504 prohibits discrimination in the participation in programs and activities of students with a physical or mental disability by educational institutions receiving federal funding or other federal assistance. Under Section 504, schools are required to make the appropriate academic adjustments or accommodations necessary to ensure the equal opportunity of disabled students to participate in a school’s programs. Section 504 imposes a number of requirements and restrictions regarding how schools operate in relation to their disabled students. Examples of accommodations disabled students may expect include:
Pre-college students and their parents are likely quite familiar with the benefits and services afforded them through the Individuals with Disabilities Education Act (IDEA)
- Highlighted textbooks and extra textbooks for home use
- Assistance with note taking