Cameron Miranda
There are several laws that apply to disabled students in public universities in the United States. The first federal law that provided extensive protection for people with disabilities was the Fourteenth Amendment, which requires states to provide equal protection for people within their jurisdictions and to give due process when state action could adversely affect life, liberty, or property. The Rehabilitation Act of 1973 was the first anti-discrimination law for persons with disabilities, prohibiting discrimination in any program or activity receiving federal funds of $2,500 or more per year. Section 504 of the Rehabilitation Act, which applies to public universities, states that:
> No otherwise qualified handicapped individual shall, solely by means of handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.
Title II of the Americans with Disabilities Act (ADA) of 1990, which covers publicly-funded universities, community colleges, and vocational schools, also prohibits public entities from denying qualified persons with disabilities the right to participate in or benefit from the services, programs, or activities that they provide. Title III of the ADA covers privately-funded schools.
| Characteristics | Values |
|---|---|
| Laws | The Rehabilitation Act of 1973, The Americans with Disabilities Act of 1990 (ADA), The Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, Title II of the ADA, Title III of the ADA, Unruh Civil Rights Act (Unruh Act), California Government Code Section 11135 (Section 11135), California Civil Code Section 54 (Section 54) |
| Who is protected | A person with a physical or mental impairment that substantially limits a major life activity is “disabled” under the ADA or Section 504. A person with a physical or mental impairment that limits a major life activity is “disabled” under the Unruh Act and other California state laws. |
| Rights | Under federal and state law, schools cannot discriminate against qualified students and applicants with disabilities. Qualified students with disabilities may also obtain reasonable accommodations so that they can participate in school programs. |
| Reasonable accommodations | Adjustments or modifications made to a school policy, or specific supports or services provided to a student with a disability, that enable the student to participate in school programs, including admissions, academics, vocational education, online and distance education courses, housing, physical education, athletics, recreation, extracurricular activities, transportation, counseling, health insurance (covering both physical and psychiatric disabilities), and financial aid. |
| Who to talk to | Generally, postsecondary schools have Offices for Students with Disabilities which process requests for accommodations. A student with a disability can also speak with the school’s ADA or Section 504 Coordinator, the Dean of Student Affairs, an academic advisor, or a teacher to disclose a disability and ask for an accommodation. |
| How to notify the school | There is no one specific way to notify the school about a disability, and the school’s knowledge of the disability may be implied. However, to guarantee the legal right to an accommodation, the student should disclose their disability before their performance suffers due to a lack of accommodation. |
| Medical records | If the disability or need for accommodation is not obvious, the school may ask for reasonable medical documentation. The documentation should be limited to a doctor’s note or other documents, such as test results or diagnostic reports, showing that the student has a disability and needs accommodation. |
What You'll Learn
The Rehabilitation Act of 1973
Section 504 of the Rehabilitation Act, first passed in 1973, states that:
> "No otherwise qualified individual with a disability in the United States...shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance..."
The Act defines a person with a disability as someone with a physical or mental impairment that substantially limits one or more major life activities. Major life activities include functions such as self-care, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
Under Section 504, schools are required to provide a "free appropriate public education" (FAPE) to each qualified student with a disability in their jurisdiction, regardless of the nature or severity of the disability. FAPE consists of regular or special education and related aids and services designed to meet the student's individual educational needs as adequately as the needs of non-disabled students are met. Schools can provide FAPE in several ways, including:
- Architectural access to buildings, including residential facilities
- Aids and services necessary for effective communication, such as sign language interpreters, Braille, or assistive listening devices
- Modifying policies, practices, and procedures, such as testing accommodations and access to school facilities for service animals
Accommodations and modifications are not required if they would fundamentally alter the nature of the service, program, or activity, or cause undue financial or administrative burden.
Section 501 of the Rehabilitation Act prohibits employment discrimination against individuals with disabilities in the federal sector. Section 505 contains provisions governing remedies and attorney's fees under Section 501.
Additionally, Section 503 of the Rehabilitation Act prohibits federal contractors and subcontractors from discriminating against individuals with disabilities in employment and requires them to take affirmative action to recruit, hire, promote, and retain these individuals.
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The Americans with Disabilities Act of 1990
This title helps people with disabilities access the same employment opportunities and benefits available to people without disabilities. It applies to employers with 15 or more employees and requires them to provide reasonable accommodations to qualified applicants or employees. A "reasonable accommodation" is a change that accommodates employees with disabilities so they can do the job without causing the employer "undue hardship" (too much difficulty or expense). Title I defines disability, establishes guidelines for the reasonable accommodation process, and addresses medical examinations and inquiries. It is regulated and enforced by the U.S. Equal Employment Opportunity Commission.
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Section 504
Under Section 504, public schools are required to provide a "free appropriate public education" (FAPE) to each qualified student with a disability, regardless of the nature or severity of the disability. This means that schools must provide regular or special education, as well as related aids and services, to meet the individual educational needs of students with disabilities as adequately as the needs of non-disabled students. Schools must also ensure that their facilities are accessible to individuals with disabilities and that students with disabilities have an equal opportunity to participate in athletics and extracurricular activities.
Furthermore, Section 504 prohibits disability-based harassment and bullying by peers that create a hostile environment or deny or limit a student's ability to participate in educational programs. Schools must take immediate and appropriate steps to investigate and address any such incidents.
Overall, Section 504 ensures that students with disabilities have equal access to educational opportunities and are protected from discrimination in schools that receive federal financial assistance. It outlines the responsibilities of school districts in providing appropriate education, accommodations, and equal opportunities for students with disabilities.
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Title II
Under Title II, colleges and universities must provide students with disabilities appropriate academic adjustments and auxiliary aids and services necessary to ensure equal opportunity to participate in the school's programs. This may include extra time for tests, alternative testing formats, sign language interpreters, Braille or electronic formats, assistive listening devices, and modifications to policies and practices.
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Title III
- Title I: Employment
- Title II: Public Services
- Title IV: Telecommunications
- Title V: Miscellaneous Provisions
Under Title III, postsecondary institutions may not discriminate against students with disabilities and are obligated to offer educational programs in accessible buildings and offer related accessible services (e.g. classroom instruction, residence life, food service, parking).
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Frequently asked questions
Title II of the Americans with Disabilities Act (ADA) applies to publicly-funded universities. This prohibits discrimination against students with disabilities and requires that they are provided with equal access to education.
Title III covers privately-funded schools.
This law, passed in 1973, was the first anti-discrimination law for persons with disabilities. It applies to any public or private institution that receives federal funding.
This is a statute that mandates free appropriate public education (FAPE) in the least restrictive environment (LRE) for students with disabilities.
