Overview of the Rehabilitation Act of 1973: This act was the forerunner of the Americans with Disabilities Act of 1990. This legislation prohibits federal agencies from discriminating against individuals based on their disabilities. Section 504 of the Rehabilitation Act requires federal grantees to make their programs accessible to the disabled.
Section 504 of the Rehabilitation Act of 1973: This section states that "No otherwise qualified handicapped individual in the United States ....shall, solely by reason of his/her 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."
Section 504-Ammended 1992: The section was amended in 1992 to reflect the change in identifying an individual as handicapped to state: "No otherwise qualified individual with a disability in the United States..." Although this change in wording may appear insignificant, it did reflect growing awareness of the need to focus on the individual's disability status as a secondary importance. This use of "people first language" reflects a growing societal awareness that people with disabilities are people first and not defined or limited to their disability category.
Sub-Part E Post Secondary Institutions: This segment applies to post-secondary education programs and activities, including post-secondary vocational education programs and activities that receive or benefit from federal financial assistance.
Overview of the Americans With Disabilities Act of 1990: The Americans with Disabilities Act (ADA) was signed into law on July 26, 1990. This law provides comprehensive civil rights protections for individuals with disabilities. The law guarantees equal rights and access in the areas of employment, governmental services, public transportation, public accommodations, and telecommunications to individuals with disabilities. The ADA seeks to provide individuals with disabilities with an equal opportunity to live independently, be economically self-sufficient, and to participate fully in all aspects of community life. The title seeks to remove barriers, both physical and mental, to the meaningful participation of all individuals in the fabric of the nation.
The ADA has five Titles:
- Title I prohibits discrimination in employment and prevents employers from discriminating against qualified applicants who are, have been, or are perceived to be disabled. The title prohibits discrimination in employment, including hiring practices, advancement and salary, benefits and employment sponsored social activities.
- Title II prohibits state and local government from discriminating against individuals with disabilities in regard to their programs and services. This provision further states that public transportation must be made accessible to individuals with disabilities.
- Title III prohibits private entities that provide goods or services from discriminating against individuals with disabilities. These entities must make their services accessible and must change their policy or practice to enable disabled individuals to benefit from their services unless such changes would impose an undue burden.
- Title IV requires telephone companies to provide individuals with hearing and/or speech disabilities with TDD services (continuous voice relay services). The title also requires that federally funded television service messages be closed-captioned.
- Title V covers miscellaneous provisions and describes enforcement and information on grievance procedures.
The ADA did not replace the Rehabilitation Act of 1973; rather, they overlap and the ADA provides more stringent guidelines for the full and meaningful integration of individuals with disabilities. The major difference between the two statutes is that the Rehabilitation Act covers discrimination against individuals with disabilities by agencies receiving federal monies. The ADA provides more comprehensive civil rights coverage for individuals with disabilities and its impact is not limited to entities receiving federal funds.
The College must comply with Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 when determining services or accommodations. The College must follow whichever statute is more stringent.
What are the implications of Section 504 and the ADA for ACC? Colleges and Universities, like ACC, that receive federal assistance may not discriminate against individuals with disabilities. Therefore, ACC must ensure equal access for students with disabilities to the same education programs and services that are made available to the general student population.
The College must provide equal access in the areas of physical education, counseling services, extra curricular activities, research, academics and occupational training. ACC must ensure that qualified students be provided with reasonable accommodations (such as note takers, interpreters etc.) if their disability impacts their ability to function effectively in the classroom or college environment without such assistance.
ACC is not required to provide individually prescribed devices, personal attendants, readers or study devices for courses not offered by ACC or for personal use. ACC is not required to provide tutorial services to students with disabilities beyond the College's standard offerings to non-disabled students.
ACC may not limit the number of qualified disabled applicants accepted into the College, make pre-admission inquiries regarding a student.s disability status, use testing instruments which would unfairly discriminate against an individual due to his/her disability, exclude an otherwise qualified applicant from any course or program of study based on the individual.s disability, provide less financial aid, or limit scholarship eligibility based on a student's disability.
