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The Rehabilitation Act of 1973

In 1973, Congress passed Section 504 of the Rehabilitation Act (Section 504), a law that prohibits discrimination on the basis of physical or mental disability. It states: “No otherwise qualified individual with a disability in the United States...shall, solely by reason of her or his disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance...”

Under this law, individuals with disabilities are defined as persons with a physical or mental impairment which substantially limits one or more major life activities. People who have a history of, or who are regarded as having a physical or mental impairment that substantially limits one or more major life activities, are also covered. Major life activities include caring for one’s self, walking, seeing, hearing, speaking, breathing, working, performing manual tasks, and learning. Some examples of impairments which may substantially limit major life activities, even with the help of medication or aids/devices, are: AIDS, alcoholism, blindness or visual impairment, cancer, deafness or hearing impairment, diabetes, drug addiction, heart disease, and mental illness.

Individuals with documented disabilities are entitled to receive reasonable accommodations, appropriate academic adjustments and/or auxiliary aids that will enable them to participate in and have the opportunity to benefit from all campus educational programs and activities. Under the provisions of Section 504, universities may not:

 
  • Limit the number of admitted individuals with disabilities who would be otherwise qualified.

 
  • Make pre-admission inquiries as to whether an applicant is disabled.

 
  • Exclude an otherwise qualified individual with a disability from a course of study.

 
  • Provide less financial assistance to individuals with disabilities that is provided to non-disabled individuals, or limit eligibility of scholarships on the basis of disability.

 
  • Counsel individuals with disabilities into more restrictive career paths than are recommended to individuals who are non-disabled.

 
  • Measure achievement using modes that adversely discriminate against an individual with a disability.

 
  • Establish rules and policies that have the effect of limiting participation of individuals with disabilities in educational programs or activities.

Americans with Disabilities Act of 1990

The American with Disabilities Act (ADA) prohibits discrimination based on disability by private employers, state and local governments, mass transit agencies and public accommodations. Although not an affirmative action statute, this landmark civil rights law provides “a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.” The ADA applies to qualified individuals with disabilities. To have a covered disability under the ADA, a person must have a condition that substantially limits a major life activity, a history of such a condition, or be regarded as having such a condition. The ADA covers a wide range of disability, from physical conditions affecting mobility, stamina, sight, hearing, and speech to conditions such as emotional illness and learning disorders. To be qualified under the ADA, a person with a disability must be able to perform the essential functions of a job or meet the essential eligibility requirements of the program or public accommodation, with or without an accommodation to the person’s condition. The ADA covers all colleges and universities regardless of whether they receive federal funding; Title III of the ADA applies to private colleges and universities. Under provisions of Title III of the ADA, private colleges and universities must provide modifications in policies, practices and procedures to accommodate individuals with disabilities, must provide auxiliary aids and services when necessary, and examinations and courses must be given in a place and manner accessible to individuals with disabilities or be made accessible through alternative means.

Modifications in Policies, Practices, and Procedures A public accommodation must make reasonable modifications in its policies, practices, and procedures in order to accommodate individuals with disabilities. A modification is not required if it would "fundamentally alter" the goods, services, or operations of the public accommodation.

Auxiliary Aids A public accommodation must provide auxiliary aids and services when they are necessary to ensure effective communication with individuals with hearing, vision, or speech impairments. "Auxiliary aids" include such services or devices as qualified interpreters, assistive listening headsets, television captioning and decoders, telecommunications devices for deaf persons (TDD’s), videotext displays, readers, taped texts, brailled materials, and large print materials.

Examinations and Courses Certain examinations or courses offered by a private entity (i.e., those that are related to applications, licensing, certification, or credentialing for secondary or postsecondary education, professional, or trade purposes) must either be given in a place and manner accessible to persons with disabilities, or be made accessible through alternative means.

In order to provide an examination in an accessible place and manner, a private entity must:

  • Assure that the examination measures what it is intended to measure, rather than reflecting the individual’s impaired sensory, manual, or speaking skills.

 
  • Modify the examination format when necessary (e.g., permit additional time).

 
  • Provide auxiliary aids (e.g., taped exams, interpreters, large print answer sheets, or qualified readers), unless they would fundamentally alter the measurement of the skills or knowledge that the examination is intended to test or would result in an undue burden.

 
  • Offer any modified examination at an equally convenient location, as often, and in as timely a manner as are other examinations.

 
  • Administer examinations in a facility that is accessible or provide alternative comparable arrangements, such as providing the examination at an individual’s home with a proctor.

In order to provide a course in an accessible place and manner, a private entity may need to:

  • Modify the course format or requirements (e.g., permit additional time for completion of the course).

 
  • Provide auxiliary aids, unless a fundamental alteration or undue burden would result.

 
  • Administer the course in a facility that is accessible or provide alternative comparable arrangements, such as provision of the course through video tape, audio cassettes, or prepared notes.

FERPA

The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law, also known as the Buckley Amendment, applies to all schools that receive funds under an applicable program of the U.S. Department of Education. FERPA gives parents certain rights with respect to their children’s education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are "eligible students."

  • Eligible students have the right to inspect and review the student’s education records maintained by the school. Schools are not required to provide copies of records unless, for reasons such as great distance, it is impossible for eligible students to review the records. Schools may charge a fee for copies.

 
  • Eligible students have the right to request that a school correct records which they believe to be inaccurate or misleading. If the school decides not to amend the record, the parent or eligible student then has the right to a formal hearing. After the hearing, if the school still decides not to amend the record, the eligible student has the right to place a statement with the record setting forth his or her view about the contested information.

 
  • Generally, schools must have written permission from the eligible student in order to release any information from the student’s education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31):

o
 School officials with legitimate educational interest;
o
 Other schools to which a student is transferring;
o
 Appropriate parties in connection with financial aid to a student;
o
Organizations conducting certain studies for or on behalf of the school;
o
 Accrediting organizations;
o
 To comply with a judicial order or lawfully issued subpoena;
o
 Appropriate officials in cases of health and safety emergencies;
o
 State and local authorities, within a juvenile justice system, pursuant to specific State law.

Schools may disclose, without consent, "directory" information such as a student’s name, address, telephone number, email address, date and place of birth, honors and awards, and dates of attendance. However, schools must tell eligible students about directory information and allow eligible students a reasonable amount of time to request that the school not disclose directory information about them. Schools must notify parents and eligible students annually of their rights under FERPA. The actual means of notification (special letter, inclusion in a bulletin, student handbook, or newspaper article) is left to the discretion of each school.

To view FERPA guidelines in full, please visit: http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html