Disability Laws

THE AMERICANS WITH DISABILITIES ACT (ADA) OF 1990

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; or (2) has a record of such an impairment; or (3) is regarded as having such an impairment.  The Americans with Disabilities Act (ADA) of 1990 prohibits discrimination solely on the basis of disability in employment, public services, and accommodations.  The person must be otherwise qualified for the program, service, or job.  Limited tax credits for removing architectural or transportation barriers are available.  Also, many federal agencies provide technical assistance to public and private institutions.

The ADA details administrative requirements, complaint procedures, and the consequences for noncompliance related to services, employment, transportation, public entities, and other provisions.  The ADA requires provision of reasonable accommodations for eligible students across educational activities and settings.  Reasonable accommodations may include, but are not limited to, the redesigning of equipment, the assigning of aides, the provision of written communication in alternative formats, the modification of tests, the redesigning of services to accessible locations, the altering of existing facilities, and the adherents to accessibility guidelines for now facilities.

People with disabilities have the same 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 or sue in federal court.  Enforcement agencies encourage informal mediation and voluntary compliance.

ADA homepage

SECTION 504 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 covers institutions including K-12 and postsecondary schools, regardless of whether or not they have open-door/selective work competitive admissions practices.

The person who (1) has the physical or mental impairment that substantially limits one or more life activities (2) has a record of such an impairment; or (3) is regarded as having such an impairment can qualify for coverage under this law.  Major life activities include walking, seeing, hearing, speaking, breathing, learning, working, caring for oneself, and performing manual tasks.

Based on the provisions of Section 504, colleges and universities could be required to:

• Extend the time permitted for a student with a disability to earn a degree

• Modify teaching methods and examinations to meet the needs of students with disabilities

• Develop course substitutions or waivers for students with disabilities

• Assure the availability of such learning aids as tape players and word processors for students with disabilities

Given these provisions, postsecondary institutions may determine policy on whom they will and will not serve.  To do this, the institutions will need to determine what it will and will not accept to document disability in order to authorize services.  It becomes clear then that it is important for institutions to develop policies and establish required documentation to access services.

Although no brief overview can substitute for a careful study of Section 504 regulations, we can discuss three of the most substantial implications of this law on higher education.

1. Institutions are required to make all programs and services physically accessible to all students.  This requirement means that the students with disabilities must be able to participate fully in laboratory work and field study and to benefit from library services, athletic programs, and residential life.  Program accessibility may be achieved by relocating classes, offering services in alternative locations, modifying buildings, and so on.

2. Institutions are responsible for providing auxiliary aids, such as readers, note takers, and appropriate equipment to ensure the participation of students with disabilities in college classes and activities.

3. Institutions must accommodate the academic participation of qualified students with disabilities.  Accommodations may include adapting the way a course is taught, allowing the student to substitute certain course requirements, or adapting testing and assessment procedures for students with disabilities where a need is indicated.

View Section 504

For questions regarding accommodations provided by ACC, contact the Office of Students with Disabilities.

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