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The Americans with Disabilities
Act and the Rehabilitation Act
There
are two federal laws regarding individuals with disabilities that impact
higher education. These two laws are the Americans with Disabilities Act
(ADA) of 1990 and the Rehabilitation Act of 1973. The ADA is a landmark piece of civil-rights
legislation affecting more than 54 million Americans with disabilities. The ADA is intended to
remove barriers that prevent qualified individuals with disabilities from
enjoying the same opportunities that are afforded to individuals without
disabilities. The act prohibits discrimination against individuals with
disabilities in a variety of areas, including employment, education, public
accommodations, telecommunications, and transportation.
Although the ADA was enacted in
1990, universities and colleges have been required to provide individuals
with disabilities equal access and opportunities to education since the
enactment of Rehabilitation Act of 1973. Section 504 of the Rehabilitation
Act states:
"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 . . . ."
Definition of
Disability
The ADA
defines an individual with a disability as a person who:
1.
has
a physical and/or mental impairment that substantially limits one or more
major life activities (breathing, hearing, seeing, walking, speaking,
learning, caring for oneself, performing manual tasks, etc.);
2.
has
a record of such an impairment; or
3.
is regarded as having such an impairment.
Legal Requirements
These laws require that universities and colleges allow individuals with
disabilities to have equal access and equal opportunity to programs,
services, and activities. Equal access and equal opportunity are attained, in
part, through the provision of accommodations. Examples of accommodations
include, but are not limited to, alternative means of communication,
alternative means of testing, and the use of assistive technology.
Individuals with disabilities are expected to meet the same academic and
conduct standards created for those individuals without disabilities.
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