No otherwise qualified individual with disabilities in the United States…shall solely by reason of his/her 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.
Subpart E (84.41 – 84.47) applies to postsecondary education programs and activities. A “qualified handicapped person” with regard to education is one “who meets the academic and technical standards requisite to admission or participation in the institution’s programs and activities”. These specific provisions prohibit discrimination on the basis of disability in admissions and recruitment, treatment of students after admission, academic requirements, housing, financial, employment assistance to students, and non-academic services such as Physical Education, personal counseling, career counseling, and job placement services and social organizations.
A person with a disability is an individual with a physical or mental impairment that substantially limits one or more major life activities. An individual is considered to be a person with a disability if he/she (1) has a disability, (2) has a history of a disability, or (3) is perceived by others as having a disability.
Abraham Baldwin Agricultural College (ABAC) is a public institution of higher education that receives Federal assistance, so it is legally bound to prohibit discrimination in the recruitment process, the admissions process, and/or the educational process of students with disabilities. Students with documented disabilities are entitled to receive approved modifications, appropriate academic adjustments or auxiliary aids that will enable them to participate in and have the opportunity to benefit from all educational programs and activities at ABAC.
Under the provision of Section 504, Abraham Baldwin Agricultural College may not:
*Limit the number of otherwise qualified students with disabilities admitted,
*Make pre-admission inquiries as to whether an applicant is disabled,
*Exclude an otherwise qualified student with a disability from any course of study,
*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,
*Counsel students with disabilities into more restrictive career paths than are recommended to non-disabled students,
*Measure student achievement using modes that adversely discriminate against a student with a disability, or
*Establish rules and policies that have the effect of limiting participation of qualified students with disabilities in educational programs or activities.
Section 504 of the Rehabilitation Act of 1973 is still in effect, and it contains (in Subpart F) more specific information regarding post-secondary education than the Americans with Disabilities Act.
The definition of disability in the Americans with Disabilities Act (ADA) draws substantially from existing legislation, namely Section 504 of the Rehabilitation Act of 1973, as amended, and the Fair Housing Amendments Act of 1988. The ADA defines disability, with respect to an individual, as: (1) a physical or mental impairment that substantially limits one or more of the major life activities of such individual, (2) a record of such an impairment, or (3) being regarded as having such impairment.
“Major life activities” is defined as: an individual being limited in his or her ability to perform such functions as self-care, performing manual tests, walking, seeing, hearing, speaking, breathing, learning or working.
Those diseases, conditions or infections that would constitute physical or mental impairments include (but are not limited to):
| orthopedic speech spina bifida cerebral palsy learning disabilities multiple sclerosis |
cancer diabetes psychiatric illness renal failure muscular dystrophy spinal cord injury |
heart disease hearing HIV epilepsy traumatic brain injury visual |
Also protected are individuals with stigmatic conditions such as severe burn victims, who may be “regarded by others as having an impairment”.
Americans with Disabilities Act (ADA)
Historically, individuals diagnosed with disabilities have struggled with accessing education, transportation and/or employment. On July 26, 1990 the Americans with Disabilities Act was signed into law by President Georgia Bush. This Act provides wide-ranging legislation to which society must comply.
The Americans with Disabilities Act of 1990 is a civil rights legislation that affects those with documented disabilities. 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 as well as all state and local governments, regardless of size, as well as to a wide variety of organizations, agencies and companies, both public and private. This act guarantees persons diagnosed with disabilities access to employment, public accommodations, public services, transportation and telecommunications. “Reasonable accommodations” are required of entities to qualified individuals with a disability unless the accommodation would impose an “undue hardship” which is “an action that is unduly costly, extensive, substantial, disruptive, or that will fundamentally alter the nature of the program”. (Section 504 Compliance Handbook and ADA Compliance Guide).
Title I. Title I covers nondiscrimination in employment activities.
Title II. Title II of the ADA is divided into two sub-parts. Sub-part 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 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.
The ADA requires existing facilities of Title II entities to be accessible. Abraham Baldwin Agricultural College has a transition plan to make all existing facilities accessible to persons with disabilities to the extent that access is readily achievable and renovation does not pose an undue burden or violate the Historic Preservation Act. For new construction or renovations, the College must be in compliance with the Americans with Disabilities Act Accessibility Guidelines (ADAAG) for buildings and facilities.
Again, an individual with a disability is defined by the Americans with Disabilities Act (ADA) as an individual with a physical or mental impairment that substantially impairs or restricts one or more of life’s activities, an individual who has a history of such impairment or an individual who is perceived by others as having such an impairment. ABAC’s Disability Services component of the Student Development Center provides individually tailored and comprehensive support services for students who provide timely and appropriate documentation.
Last updated Tuesday, February 17, 2009 02:03 PM