the law disability services and the federal statutes section 504 of the 1973 rehabilitation act...
TRANSCRIPT
THE THE LAWLAW
Disability Services and the
FEDERAL STATUTESFEDERAL STATUTES
Section 504 Section 504 of the 1973 Rehabilitation Actof the 1973 Rehabilitation Act
Americans with Disabilities ActAmericans with Disabilities Actof 1990of 1990
504 & ADA….504 & ADA….
……....are civil rights statutes designed to are civil rights statutes designed to prevent discrimination against students prevent discrimination against students with disabilities.with disabilities.
Section 504Section 504
First civil rights statute First civil rights statute designed to prevent designed to prevent discrimination against discrimination against persons with disabilitiespersons with disabilities
Forbids discrimination Forbids discrimination against persons with against persons with disabilities by programs disabilities by programs and activities receiving and activities receiving federal funds,federal funds,
Section 504Section 504
““No otherwise qualified individual with a No otherwise qualified individual with a disability in the United States shall solely by disability in the United States shall solely by reason of his (or her) disability, be excluded reason of his (or her) disability, be excluded from participation in, be denied benefits of, from participation in, be denied benefits of, or be subjected to discrimination under any or be subjected to discrimination under any program or activity receiving federal program or activity receiving federal assistance, or under any program conducted assistance, or under any program conducted by any executive agency or by the United by any executive agency or by the United States Postal Services.” States Postal Services.”
Section 504Section 504
The objective of 504 is to The objective of 504 is to ensure that people with ensure that people with disabilities have disabilities have opportunities and access opportunities and access to the benefits of all to the benefits of all federally funded programs federally funded programs and activities.and activities.
Americans with Disabilities Americans with Disabilities ActAct
Requires that people with Requires that people with disabilities not be excluded disabilities not be excluded from participation in, or be from participation in, or be denied the benefits of, or be denied the benefits of, or be subjected to discriminationsubjected to discrimination
Does not require the Does not require the institution receive federal institution receive federal financial assistance.financial assistance.
ADAADA
Provides clear Provides clear enforceable enforceable standards addressing standards addressing discrimination against discrimination against individuals with individuals with disabilities by disabilities by ensuring the federal ensuring the federal government plays a government plays a significant role. significant role.
Implications of 504 & ADAImplications of 504 & ADA
Those who have qualified for Those who have qualified for admissions have a right to be admissions have a right to be in higher education.in higher education.
Once admitted, students have Once admitted, students have a right to access academic and a right to access academic and nonacademic programs.nonacademic programs.
Implications of 504 & ADAImplications of 504 & ADA
Qualified students are eligible to Qualified students are eligible to receive reasonable receive reasonable accommodations that relate to accommodations that relate to their disabilities.their disabilities.
Students have a right to Students have a right to confidentiality of all disability confidentiality of all disability related information.related information.
Guarantees ACCESS - NOT Guarantees ACCESS - NOT success!success!
NC - Senate Bill 866NC - Senate Bill 866
Guarantees the right to persons Guarantees the right to persons with disabilities in accessing with disabilities in accessing electronic informationelectronic information, including , including web sites, computers in public web sites, computers in public libraries, etc. This bill requires libraries, etc. This bill requires compliance by municipalities, compliance by municipalities, counties, counties, community collegescommunity colleges, , universities and any agencies in universities and any agencies in state government.state government.
Things you should know...Things you should know...
There must be a designated person to There must be a designated person to coordinate compliance coordinate compliance (ADA)(ADA)
Documentation does not have to be every 3 Documentation does not have to be every 3 years years (Boston U)(Boston U)
Academic freedom does not supercede other Academic freedom does not supercede other considerations. considerations. (Cohen v. San Bernardino Valley (Cohen v. San Bernardino Valley College)College)
Things you should know...Things you should know...
Primary consideration should be shown to student’s Primary consideration should be shown to student’s request request (ADA)(ADA)
College personnel can be held personally liable. College personnel can be held personally liable. (Howe v. Hull)(Howe v. Hull)
Have a grievance procedure Have a grievance procedure (ADA)(ADA)
Due ProcessDue Process
