Laws
Federal laws protecting students with disabilities
Individuals with disabilities are entitled by law to equal access to postsecondary programs. There are two laws that protect persons with disabilities in postsecondary education: The Rehabilitation Act of 1973 (Pub. L. No. 93-112, as amended) and the 1990 Americans with Disabilities Act (Pub. L. No. 1001-336). According to the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA, 1990), a student with a disability is someone who has a physical or mental impairment, has a history of impairment, or is believed to have a disability that substantially limits a major life activity such as learning, speaking, seeing, hearing, breathing, walking, caring for oneself, or performing manual tasks.
The Rehabilitation Act
Title V of The Rehabilitation Act of 1973 is generally regarded as the first civil rights legislation on the national level for people with disabilities. Section 504 of the Rehabilitation Act is a program access statute. It prohibits discrimination on the basis of disability in any program or activity offered by an entity or institution receiving federal funds. Section 504 states (as amended):
No otherwise qualified person with a disability in the United States…shall, solely on the basis of disability, be denied access to, or the benefits of, or be subjected to discrimination under any program or activity provided by any institution receiving federal financial assistance.
Under Section 504, institutions were required to appoint and maintain at least one person to coordinate its efforts to comply with the requirements of Section 504. Individuals working in Disability Services have the ongoing responsibility of assuring that the institution/agency/ organization practices nondiscrimination on the basis of disability and should be included in any grievance procedures developed to address possible instances of discrimination brought against the institution. At St. Cloud State University, the established office is the Office for Students with Disabilities.
The Americans with Disability Act (ADA)
The Americans with Disabilities Act (ADA) is a federal civil rights statute that prohibits discrimination against people with disabilities. There are four main sections of the law: employment, government, public accommodations, and telecommunications. The ADA provides additional protection for persons with disabilities in conjunction with the Rehabilitation Act of 1973. The ADA is designed to remove barriers which prevent qualified individuals with disabilities from enjoying the same opportunities that are available to persons without disabilities.
Postsecondary institutions are covered in many wusays under the ADA. Employment is addressed by Title I, and Title II addresses accessibility provided by public entities. Accessibility provided by private entities is addressed in Title III, and Title IV addresses telecommunications. Miscellaneous items are included in Title V.
Amendments to the ADA, which took effect January 1, 2009, clarify who is covered by the law’s protections. The ADAAA revises the definition of “disability” to more broadly include impairments that substantially limit a major life activity. The amendment also states that mitigating measures, including assistive devices, auxiliary aids, accommodations, medical therapies, and supplies have no bearing in determining whether a disability qualifies under the law.
The ADA in Relation to Section 504 of the Rehabilitation Act
Institutions that receive federal funds (such as Anoka-Ramsey Community College) are covered under Section 504. The ADA does not supplant Section 504 but the ADA standards apply in those situations where the ADA provides greater protection. Therefore, postsecondary institutions must adhere to both the Rehabilitation Act and the Americans with Disabilities Act.
Please realize that the laws do not require a school to lower its academic standards, nor will schools change the rules to make it easier for you than other students. You still will be required to meet the essential components of your coursework as well as meet relevant academic and conduct standards to receive protection under the law.
Rehabilitation Act 1973- Section 508
In 1998, Congress amended the Rehabilitation Act of 1973 to require Federal agencies to make their electronic and information technology (EIT) accessible to people with disabilities. Inaccessible technology interferes with an ability to obtain and use information quickly and easily. Section 508 was enacted to eliminate barriers in information technology, open new opportunities for people with disabilities, and encourage development of technologies that will help achieve these goals. The law applies to all Federal agencies when they develop, procure, maintain, or use electronic and information technology. Under Section 508 (29 U.S.C. ‘794 d), agencies must give disabled employees and members of the public access to information that is comparable to access available to others. It is recommended that you review the laws and regulations listed below to further your understanding about Section 508 and how you can support implementation.