What's IDEA?

Individuals with Disabilities Education Act (IDEA) is a federal law that requires the government to provide free, appropriate public education (FAPE) for children and youth (ages 3-21), up to high school graduation.

 

Under IDEA, pre-K, elementary,  middle, and high schools must offer individualized education programs (IEPs) for students with learning differences in the least restrictive environment (LRE), meaning IEP students can't be stuck in isolated classes or restricted from learning with their peers. To obtain an IEP, parents work with school and district officials. IDEA is a big deal. Learn more here.

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What’s FAPE?
Free Appropriate Public Education (FAPE) is our right under IDEA. It means school has to be free and must offer education in a way that includes neurodivergent teens with different differences. 

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What’s an IEP?
An Individualized Education Program (IEP) required under IDEA is the document that lists what the student's strengths are, what they need help with, and what the school will do, like extra time on tests, a quieter spot to work, assistive technologies, or speech therapy, etc., depending on the learning differences. Getting an IEP takes time. Parents have to get students evaluated and approved by working with the school and local district officials. Learn more here.

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What’s a 504 Plan?
A 504 Plan comes from Section 504 of the Rehabilitation Act, a civil rights law. The 504 Plan is like a lighter version of an IEP for when students don’t need a full-on IEP but still need some "accommodations." These can include getting extra time for homework or tests, a seat away from distractions, assistive technologies, etc. Learn more here.

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So, what happens after high school? What law protects neurodivergent college students?

After high school, college students need to self-advocate to receive support for learning differences by contacting their college's "disability" services departments. Those protections are under a different law called ADA (Americans with Disabilities Act).

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What’s the ADA?
The Americans with Disabilities Act (ADA) is a federal law, broader than IDEA. It protects neurodivergent and differently able people from discrimination in most settings such as, schools, colleges, businesses, and government offices. Religious entities that are exempt from ADA but receive federal funding are still required to offer protections under a different law (Section 504 of the Rehabilitation Act). In a nutshell, college students are able to receive support from the "disability" services departments at colleges. However, they need to self-advocate and seek these out. Check out resources on transition to colleges, including ND-friendly colleges and questions to ask.

 

By the way, since the transition from high school to college is not straightforward to receive "accommodations" or an IEP, the proposed RISE Act is so important. Among other things, it aims to have colleges accept IEPs and documentation familiar to families, rather than have students go through the extra cost of evaluation and documentation that each college requires.

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Learn about ADA here.

 

Written by Aashna Parsa, 11/13/2025

Many thanks to Understood.org for their fantastic resources!​​​​​​​​