Disability Laws

Prior to the mid-20th century in the United States, college students with disabilities were supported primarily by rehabilitation services. In the rehabilitation model college personnel and family members primarily assisted students by attempting to reduce barriers in post secondary educational environments.  However, buildings were not physically accessible, texts in accessible formats such as braille were limited, and most aspects of campus life remained inaccessible to students with disabilities.

Many U.S. veterans returning from World War II who were recently injured (wounded warriors) sought college educations and began a process of opening doors that coincided with the Disability Rights Movement (Church, 2009). Other voices for change included disability and independent living advocates like Ed Roberts, Judy Heumann, and Justin Dart, who knew that colleges needed to make their campuses and programs more accessible by removing, not merely reducing barriers, if individuals with disabilities were to have true equal opportunities for education.

The Rehabilitation Act of 1973, which included Section 504 sub part E, stipulated that recipients of federal funds could not deny access or admission based solely on disability and must provide auxiliary aids and services to accommodate for a person’s disability. The Americans with Disabilities Act (ADA) of 1990, amended in 2008, expanded and further clarified the rights of persons with disabilities to equal access and accommodation in public and private spheres (ADA, 2008). Disability rights and inclusive education are also international human rights issues as seen in the 2008 United Nations Convention on the Rights of People with Disabilities (United Nations, 2008). Some countries have nationwide laws such as the Americans with Disabilities Act; others, like Canada, have enacted disability laws in their provinces or regions. 

In the 1970s and 1980s, U.S. post secondary institutions began to establish offices and departments to address the access needs of students with disabilities (Linton, 1998). These offices, aligned with student affairs or academic affairs, facilitated academic adjustments and modifications for disabled students. Services included administering tests when extra time or other accommodations were needed, arranging for sign language interpreters, securing accessible instructional materials, and coordinating room assignments in residence halls. The medical, or individual rehabilitation, model of disability was the framework for much of this early disability services work on campuses.  As a result of these early initiatives, work of the disability services professional is now linked with all sectors of the campus community in a collaborative network that includes study abroad, residence life, food service, security, administration, financial aid, diversity, career services, library services, academic advising, and other campus services.

_____________________

Source: Council for the Advancement of Standards in Higher Education

Americans With Disabilities Act of 1990, as Amended, 42 U.S.C. 12101 et seq. (2008). Retrieved from http://access-board.gov/about/laws/ADA.htm

Church, T. E. (2009). Veterans with disabilities: Promoting success in higher education. Available at http://www.ahead.org/publications#bo16

Linton, S. (1998). Claiming disability: Knowledge and identity. New York, NY: New York University Press.

United Nations. (2008). Convention on the rights of persons with disabilities. Retrieved from http://www.un.org/disabilities/convention/conventionfull.shtml

Institutions that receive federal funds are covered under Section 504. Universities are also covered under ADA. ADA does not supplant Section 504; however in situations where the ADA provides greater protection, ADA standards apply. Therefore, universities must adhere to both the Rehabilitation Act and the ADA.

DISABILITY DEFINITION

The ADA defines a person with a disability as a person:

• who has a physical or mental impairment that substantially limits one or more major life activities,

• who has a record of the disability, or

• who is regarded as having a disability.

MENTAL IMPAIRMENT

A mental impairment is defined as any psychological disorder, such as organic brain syndrome, emotional or mental illness, or a specific learning disability.

MAJOR LIFE ACTIVITY

(A) IN GENERAL- For purposes of paragraph (1), major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.

(B) MAJOR BODILY FUNCTIONS- For purposes of paragraph (1), a major life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

(3) REGARDED AS HAVING SUCH AN IMPAIRMENT- For purposes of paragraph (1)(C):

(A) An individual meets the requirement of `being regarded as having such an impairment' if the individual establishes that he or she has been subjected to an action prohibited under this Act because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity.

(B) Paragraph (1)(C) shall not apply to impairments that are transitory and minor. A transitory impairment is an impairment with an actual or expected duration of 6 months or less.

PHYSICAL/MEDICAL IMPAIRMENT

A physical impairment is defined as any physiological disorder or condition, cosmetic disfiguration, or anatomical loss affecting one or more of the following body systems: 

• Cardiovascular

• Digestive

• Genito-Urinary

• Hemic and Lymphatic

• Musculoskeletal

• Neurological

• Respiratory (including Speech Organs)

• Reproductive

• Skin and Endocrine

• Special Sense Organs

A student with a disability is entitled by law to equal access to University programs.  Two federal laws protect persons with disabilities in postsecondary education: the Rehabilitation Act of 1973 (Pub. L. No. 93-112, as amended), the 1990 Americans with Disabilities Act(Pub. L. No. 101-336) and that ADA Amendments Act  (Pub. L. No.110-325). 

THE REHABILITATION ACT

Title V of the Rehabilitation Act of 1973 is generally regarded as the first civil rights legislation on the national level for people with disabilities. Section 504 of the Rehabilitation Act is a program access statute. This statute prohibits discrimination on the basis of disability in any program or activity offered by an entity or institution receiving federal funds. 

Section 504 (as amended) states: 

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.

Under Section 504, institutions are required to appoint and maintain at least one person to coordinate efforts to comply with the requirements of Section 504 (Section 504 Coordinator). This individual or office has the ongoing responsibility of assuring that the institution/agency/organization practices nondiscrimination on the basis of disability and should be included in any grievance procedures developed to address possible instances of discrimination brought against the institution. The established office for the coordination of Section 504 compliance for students with disabilities is located at 316 Turley Student Services Center, which can be contacted at 304-333-3661 or access@fairmontstate.edu.

THE AMERICANS WITH DISABILITIES ACT (ADA) as amended by the ADA Amendments Act of 2008

The ADA is a federal, civil rights statute that prohibits discrimination against persons with disabilities. The five sections of this law include employment, public services, public accommodations and services operated by private entities, telecommunications, and miscellaneous provisions. The ADA provides additional protection for persons with disabilities in conjunction with the Rehabilitation Act of 1973. The ADA is designed to remove barriers that prevent qualified individuals with disabilities from enjoying the same opportunities that are available to persons without disabilities.   

Universities are covered in many ways under the ADA. Employment is addressed by Title I, accessibility provided by public and private entities as addressed by Titles II and III, transportation is addressed under Title IV, and miscellaneous items are addressed under Title V.

American Council on Education (ACE). (2011). Accommodating student veterans with traumatic brain injury and post-traumatic stress disorder: Tips for campus faculty and staff. Retrieved from http://www.acenet.edu/news-room/Documents/Accommodating-Student-Veterans-with-Traumatic-Brain-Injury-and-Post-Traumatic-Stress-Disorder.pdf

Americans With Disabilities Act of 1990, as Amended, 42 U.S.C. 12101 et seq. (2008). Retrieved from http://access-board.gov/about/laws/ADA.htm

Colker, R. & Grossman, P.D. (2014). The Law of Disability Discrimination for Higher Education Professionals. San Francisco, CA: LexisNexis.

Church, T. E. (2009). Veterans with disabilities: Promoting success in higher education. Available at http://www.ahead.org/publications#bo16

Kasnitz, D. (2011). The 2010 biennial AHEAD survey of disability services and resource professionals in higher education. Retrieved from http://www.ahead.org/uploads/membersarea/Final%20AHEAD%202010%20Biennial%20Initial%20Report.docx

Linton, S. (1998). Claiming disability: Knowledge and identity. New York, NY: New York University Press.

Madaus, J., Miller, W., & Vance, M. L. (2009). Veterans with disabilities in postsecondary education. Journal of Postsecondary Education and Disability, 22(1), 10-17.

Rehabilitation Act of 1973, Section 504 as amended, 29 U.S.C 794 et seq. (1973). Subpart E retrieved from http://ed.gov/policy/rights/reg/ocr/edlite-34cfr104.html#E

United Nations. (2008). Convention on the rights of persons with disabilities. Retrieved from http://www.un.org/disabilities/convention/conventionfull.shtml

United States Department of Education. (2008). The Higher Education Opportunity Act (Public Law 110-315). Retrieved from www.pacer.org/tatra/TheHigherEducationOpportunityAct.doc

United States Government Accountability Office. (2009, October). Higher education and disability: Education needs a coordinated approach to improve its assistance to schools in supporting students. Washington, DC: Author. Retrieved from http://www.gao.gov/new.items/d1033.pdf

Vance, M. L., Lipsitz, N. & Parks, K (2014). Beyond the Americans with Disabilities Act: Inclusive policy and practice for higher education. Washington, DC: National Association of Student Personnel Administrators.

Vance, M. L., & Miller, W. (2009). Serving wounded warriors: Current practices in postsecondary education. Journal of Postsecondary Education and Disability, 22(1), 18-35.

Vance, M. L., Miller, W. K., & Grossman, P. D. (2010, Fall). What you need to know about 21st-century college military veterans. Leadership Exchange. NASPA - Student Affairs Administrators in Higher Education. Retrieved from http://www.naspa.org/kc/dckc/A_Veteran_Friendly_Campus.pdf