THE LAW

 

SECTION 504 of the Rehabilitation Act of 1973

 

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.

 

Definition of Terms

 

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.

 

Provisions of Section 504 of the Rehabilitation Act of 1973

 

Abraham Baldwin Agricultural College is a public institution of higher education which 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 of ABAC.

 

Under the provisions 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 ADA.

 

AMERICANS WITH DISABILITIES ACT (ADA)

 

The Americans with Disabilities Act of 1990 is civil rights legislation that affects some 43,000,000 Americans with 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.

 

Provisions of the ADA

 

Title I.  Title I covers nondiscrimination in employment activities.

 

Title II.  Title II of the ADA is divided into two sub-parts.  Subpart 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 and availability 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.

 

Facility Access

 

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 for buildings and facilities (ADAAG).