Disability Laws
The Americans with Disabilities Act (ADA) of
1990
According to
the ADA, an individual with a disability is defined as a person who: (1)
has a physical or mental impairment that substantially limits one or more life
activities; (2) has a record of such impairment; or (3) is regarded as having
such impairment. Major life activities include but are not limited to walking,
seeing, hearing, speaking, breathing, learning, working, caring for oneself,
and performing manual tasks.
The ADA prohibits
discrimination solely on the basis of disability in employment, public
services, and accommodations. The person in consideration must be otherwise
qualified for the job, program, or service.
The ADA details
administrative requirements, complaint procedures, and the consequences for
non-compliance related to both services and employment.
The ADA requires provision of reasonable, effective accommodations
for eligible students across educational activities and settings.
Section 504 of the Rehabilitation Act of 1973
Section 504 of
The Rehabilitation Act of 1973 prohibits discrimination on the basis of
disability in programs, public and private, that receive federal financial
assistance. Section 504 includes institutions regardless of whether they have
open door, selective, or competitive admissions practices.
People with
disabilities have the same legal remedies that are available under
Title VII of the Civil Rights Act of 1964, as amended in 1991. Thus,
individuals who are discriminated against may file a complaint with the
relevant federal agency. Enforcement agencies encourage informal mediation and
voluntary compliance.
How these Laws Apply to Higher Education
The Americans
with Disabilities Act (ADA) of 1990 and Section 504 of the Rehabilitation Act
of 1973 were designed to ensure that colleges and universities are free from
discrimination in their recruitment, admission, and treatment of students.
In the
application of both laws, students with disabilities must be qualified to
participate in University activities. A qualified student with a disability is
one who meets the admission and essential eligibility requirements of a program
or service, with or without:
- modifications of rules, policies, or
procedures
- removal of architectural, communication, or
transportation barriers
- provision of auxiliary aids and services.
Individuals who
pose a direct threat to their own health or safety or the health or safety of
others will not be considered qualified.
The law requires
higher education institutions to ensure that all programs, services, or
facilities are accessible to or usable by persons with disabilities. The law
does NOT require:
- making each facility accessible if
alternatives are effective
- a fundamental alteration of programs or
services
- undue financial or administrative burden
The University is
under no obligation to change academic requirements which the University,
programs, or majors can demonstrate are essential to the program of instruction
or to any direct licensing requirement.
The University
does not have to provide personal attendants, individually prescribed devices,
readers for personal use or study, or other devices or services of a personal
nature, such as tutoring or typing (United States Office of Civil Rights, July,
2002).
The institution
must provide auxiliary aids to ensure the participation of students in college
classes and activities and must accommodate the academic participation of
qualified students with disabilities. The institution must NOT:
- limit the number of students with disabilities
admitted
- make pre-admission inquires as to whether or
not an applicant has a disability
- use admission tests or criteria that
inadequately measure the academic level of visually impaired, hearing impaired,
or otherwise disabled applicants because special provisions were not made for
them
- exclude students with disabilities from any
course of study solely on the basis of their disability
- counsel students with disabilities towards a
more restrictive career than non-disabled students, unless such counsel is
based on strict licensing or certification requirements in a profession
- measure student achievement using modes that
adversely discriminate against students with disabilities
- institute prohibitive rules (such as the
barring of tape recorders or other auxiliary aids) that may adversely affect
the performance of students with disabilities
- select a site or a facility that would exclude
participation of persons with disabilities.
The law does not
require special treatment of students with disabilities but does require that
students be given the opportunity for equal participation in the University's
programs. This is done by providing to eligible and qualified students
appropriate academic adjustments and auxiliary aids necessary to facilitate the
students' fullest possible participation in the University's academic programs.