Disability Laws in Higher Education
The Rehabilitation Act of 1973
The Rehabilitation Act of 1973 is generally viewed as the first civil rights legislation for people with disabilities at the national level. Section 504 of the Rehabilitation Act is a program access statue. It prohibits discrimination on the basis of disability in any program or activity offered by an entity or institution receiving federal funds. Since 1977, all institutions receiving federal funding must be prepared to provide appropriate academic adjustments and reasonable modifications to policies and practices for people with disabilities.
Section 504 states (as amended): “No otherwise qualified person with a disability in the United States… shall, solely on the basis of disability, be denied access to, or the benefits of, or be subjected to discrimination under any program or activity provided by any institution receiving federal financial assistance.”
- Subpart E of Section 504 specifically addresses postsecondary education.
- Transition to college from high school from the perspective of the difference between laws for the two settings are explored in a question and answer format at this site.
The Americans with Disabilities Act of 1990
The ADA is a federal civil rights statute designed to remove barriers which prevent qualified individuals with disabilities from enjoying the same opportunities available to persons without disabilities. Universities are covered in many ways under the ADA. Employment is addressed by Title I, and accessibility provided by public and private entities addressed by Titles II and III. Private colleges and universities are covered under Title III, unless they are wholly owned and operated by religious organizations. Title IV covers telecommunications and miscellaneous items are covered under Title V. The ADA does not replace Section 504, but in situations where the ADA provides more protection, the ADA standards apply.
- This summary of the ADA provides a quick overview.
- Title II of the ADA, State and Local Governments, is the part of the law that impacts state universities.