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Policies and Procedures

Legal Mandates |  Confidentiality |  Documentation Requirements |  Equal Opportunity/Grievance

Legal Mandates

Section 504 of the Rehabilitation Act of 1973

"No otherwise qualified individual with a disability in the United States…shall, solely by reason of his/her disability be denied the benefits of, or be excluded from participation in, or be subjected to discrimination under any program or activity receiving federal financial assistance."

Under the provisions of Section 504, universities and colleges may not:

1. Limit admissions of otherwise qualified students with disabilities;
2. Make pre-admission inquiries as to whether or not an applicant is disabled;
3. Exclude an otherwise qualified student with a disability from any course of study;
4. Provide less financial assistance to students with disabilities than is provided to non-disabled students or limit eligibility for scholarships on the basis of disability;
5. Counsel students with disabilities into more restrictive career paths than are recommended to non-disabled students;
6. Measure student achievement using modes that adversely discriminate against a student with a disability; or
7. Establish rules and policies that have the effect of limiting participation of qualified students with disabilities in educational programs or activities.

The Americans with Disabilities Act (ADA) of 1990

The Americans with Disabilities Act (ADA) of 1990 expanded the civil rights protection in Section 504 to a wide range of entities, both public and private. It is the purpose of this act to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities. The ADA applies to all institutions of higher education regardless of receipt of federal funds.

Provisions of the ADA

Title I. Title I covers nondiscrimination in employment activities.

Title II. Title II of the ADA is divided into two subparts. Subpart A requires that state and local government entities and programs be made accessible to persons with disabilities. Subpart B requires that public transportation systems be made fully accessible to and usable by persons with disabilities.

Title III. Title III covers the accessibility and availability of programs, goods, and services provided to the public by private entities. Title III also contains the ADA Accessibility Guidelines (ADAAG) that specifies guidelines for construction and renovation.

Title IV. Title IV requires that telecommunication services be made accessible to persons with hearing and speech impairments and has specific reference to the development of telecommunications relay systems and closed-captioning technology.

Title V. Title V of the ADA contains miscellaneous provisions that apply to all of the other titles as well. Enforcement guidelines including how to file a complaint are described.

Who is protected under the law?

A "person with a disability" includes "any person with a physical or mental impairment that substantially limits one or more major life activities, such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working; has a record of such an impairment; or is regarded as having such an impairment."