The Americans with Disabilities Act, the “ADA”
The Americans with Disabilities Act is a wide-ranging statute intended to make society more accessible to people with disabilities. It protects fundamental rights and extends equal opportunity for individuals with disabilities to public accommodations, employment, transportation, government services, and telecommunications.
Under the ADA, a person with a disability is defined as any person who…
• has a physical or mental impairment which substantially limits one or more major life activities
• has a record of such impairment
• is regarded as having such an impairment
The ADA also clarifies the Section 504 phrase “otherwise qualified” individual with a disability, as one:
“...with or without reasonable modification to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities ...”
Sections 504 of The Rehabilitation Act apply to colleges and universities receiving federal financial assistance. The mandates of the ADA apply to all institutions of higher education, regardless of the receipt of federal funds.
In summary, these laws hold four very important implications for educators...
First, students with disabilities have the right to be in higher education if they are otherwise qualified to be there. Once a student with a disability has met the College entrance or admission criteria, with or without the use of accommodations he or she has the same right as any other student to the educational experience. Just like any other student, those with disabilities are responsible for determining their own level of success.
Second, once they are enrolled, students with disabilities have the right to access all of the programs—academic and non academic—that are available to other students. Instructors cannot refuse to work with a student simply because they know he or she has a disability or because they are concerned that having a disability would prevent him or her from being successful. Furthermore, students with disabilities should be held to the same set of standards and criteria as students without disabilities.
Third, students with disabilities are eligible for some accommodations that relate to their disabilities. Instructors need to be prepared to make adaptations or reasonable accommodations to their procedures and practices so that students with disabilities are able to do the same things that other college students are required to do. This may include altering or making changes in the delivery of lecture or course materials or in the assessment of knowledge in order to counter the effects of the disability.
Fourth, students with disabilities have a right to confidentiality of all disability-related information. As a result, there may be times when faculty and instructors may receive a request for an accommodation without being told which student will be receiving the accommodation. Other times, the student may approach their instructor and tell them that he has a disability that will require some accommodation. In either case, information about a student’s disability or accommodation should not be shared with others without the student’s permission. It is up to the student to decide how much information he is comfortable sharing about his disability. All parties involved in providing accommodations; including students, faculty members, and institutions of higher education, have a unique set of rights and responsibilities.