Legal Information

Overview
This section provides faculty and staff with the legislative foundations upon which disability law impacts the university community. Policies and procedures established by Disability Services (DS) are based upon federal civil rights mandates affecting many aspects of a postsecondary educational institution. DS consults with University Counsel if questions regarding matters of policy and procedure require expert legal opinion.

Section 504 of the Rehabilitation Act of 1973
Section 504 of the Rehabilitation Act of 1973 is a federal law that protects qualified individuals from discrimination based on their disability. Section 504 requires all recipients of federal funds to make their programs and activities accessible to persons with disabilities and to eliminate discrimination based on disability. Almost all postsecondary institutions must comply with Section 504, since almost all postsecondary institutions, even those that are private, receive federal funds of some type.

Examples of disabilities that can impact a student in postsecondary education include, but are not limited to, AIDS, cancer, Cerebral Palsy, Diabetes, Epilepsy, head injuries, hearing impairments, learning disabilities, loss of limbs, Multiple Sclerosis, Muscular Dystrophy, psychiatric disorders, speech impairments, spinal cord injuries, and vision impairments. Some of these conditions are visible, while others, such as learning disabilities or psychiatric disorders, are "invisible." Factors such as fatigue, pain, or medication side effects can also impact an individual's ability to perform specific life and academic-related tasks.

Additional information can be found at http://www.ed.gov/policy/rights/reg/ocr/edlite-34cfr104.html

The Americans With Disabilities Act of 1990 (ADA)
The ADA was passed in 1990, and expands the rights of individuals with disabilities where the Rehabilitation Act left off. Borrowing from the 504 definition of a person with a disability, and using the same three-pronged approach to eligibility (has a physical or mental impairment, a record of an impairment, or is regarded as having an impairment), the ADA applies these standards to most private sector businesses, and seeks to eliminate barriers to persons with disabilities in employment, public facilities, buildings, transportation, and communication. The courts have interpreted 504 and the ADA almost identically, applying doctrines and interpretations freely between the two laws.

Additional information can be found at http://www.usdoj.gov/crt/ada/adahom1.htm

Section 508
To ensure that the federal government would not perpetuate the discrimination that the vocational rehabilitation system was designed to mitigate, Congress enacted civil rights protections for people with disabilities. On August 7, 1998, Congress amended Section 508 of the Rehabilitation Act (19 U.S.C. 794d) to expand the federal government's responsibility to provide electronic and information technology which is accessible to, and usable by, people with disabilities. Section 508 of the Rehabilitation Act specifically covers federal agencies but has an impact on the greater public.

Section 508 requires federal departments or agencies that develop, procure, maintain, or use electronic and information technology, to ensure that the electronic and information technology is accessible. Section 508 requires that individuals with disabilities seeking information or services from a federal department or agency, have access to, and use of, information and data comparable to that provided to individuals without disabilities. For example, government Web sites must provide access for blind users who use speech output systems. If any video clips are used they must have captions and descriptions. Visual images should also be audio-described so that people who are blind have equal access.

Additional information can be found at http://www.section508.gov

Updated 6/2007