Federal and state laws govern the rights of students with disabilities to higher education.
These laws and policies include sections 504 and 508 of the Rehabilitation Act (1973 and 1998); the Americans with Disabilities Act (1990); and Title 5 of the California Code of Regulations.
What the Law Requires:
- Equal, Not Preferential Treatment
- Equal access to instruction, services, activities, and facilities of the college.
- Students must be evaluated on ability, not disability.
- Accommodations must be provided when students have educational limitations that affect the ability to acquire information or to demonstrate knowledge of the course material in a standard way
Under provisions of Section 504 of the Rehabilitation Act of 1973 and the 1990 Americans with Disabilities Act (ADA), ÃÈ·µ¼º½ is required to provide accommodations for otherwise qualified students with disabilities.
Under the requirements of Section 504 and Title II, a student with a disability is obligated to notify the college or university of the nature of the disability and the need for a modification, adjustment, aid or service.
Once a college or university receives such notice it has an obligation to engage the student in an interactive process concerning the student’s disability and related needs. As part of this process, the college or university may request that the student provide documentation, such as medical, psychological or educational assessments, of the impairment and functional limitations.
The Section 504 regulations, at 34 C.F.R. §104.43(a), provide that no qualified individual with a disability shall, on the basis of disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any postsecondary education program of a recipient.
The Title II regulations, at 28 C.F.R. §35.130(a), contain a similar prohibition applicable to public postsecondary educational institutions.
The Section 504 regulations, at 34 C.F.R. §104.44(a), require recipient colleges and universities to make modifications to their academic requirements that are necessary to ensure that such requirements do not discriminate, or have the effect of discriminating, against qualified individuals with disabilities. Modifications may include changes in the length of time permitted for the completion of degree requirements, substitution of specific required courses, and adaptation of the manner in which courses are conducted. However, academic requirements that recipient colleges and universities can demonstrate are essential to the program of instruction being pursued or to any directly related licensing requirement will not be regarded as discriminatory.
Under the Title II regulations, at 28 C.F.R. §35.130(b)(1)(ii) and (iii), public colleges and universities may not afford a qualified individual with a disability opportunities that are not equal to those afforded others, and may not provide aids, benefits or services that are not as effective in affording equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement as that provided to others.
Under 28 C.F.R. §35.130(b)(7), public colleges and universities must make reasonable modifications in policies, practices or procedures when necessary to avoid discrimination on the basis of disability, unless doing so would fundamentally alter the nature of the service, program or activity.
Section 35.103(a) provides that the Title II regulations shall not be construed to permit a lesser standard than is established by the Section 504 regulations.
Title II regulations to require public colleges and universities to provide necessary academic adjustments to the same extent as is required under the Section 504 regulations.