Response 4

An Overview of Federal Disability Laws

Chapter 10 of Contemporary Issues in Higher Education Law covers Federal Disability Laws and begins with a description of Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA). Both of these statutes prohibit discrimination against individuals with disabilities and any public or private entity that receives federal funding must comply with these rules and regulations. The Rehabilitation Act was a precursor to the ADA and only covered government employers and entities receiving federal funds. After the ADA was adopted in 1990, it quickly become evident that there needed to be an easier way for individuals with disabilities to obtain protection. This was because of the diverged interpretations of Section 504 and the ADA by the courts when an individual was subject to both statutes. In 2008, the ADA Amendments Act was passed by Congress to change the way the definition of disability was interpreted and applied.

As stated in the text, under the ADA, “someone with a disability is an individual with a physical or mental impairment that substantially limits one or more of the major life activities, who has a record of such an impairment, or is regarded as having such an impairment” (Fossey, 2015, p. 224). The 2008 amendments allowed for the definition of a disability to be interpreted more broadly leading to more individuals meeting the disability standards and receiving protection under the ADA. An “impairment” is considered a disability if the individual is substantially limited from carrying out a major life activity when compared to the majority of the general population. Some examples of major life activities recognized by these statutes include: seeing, hearing, speaking, walking, standing, sitting, thinking, use of hands, lifting, bending, communicating, etc. Some examples of disabilities recognized by the courts include: loss of sight, hearing, or limbs; mobility impairments, cancer, heart disease, MS, diabetes, HIV/AIDS, mental retardation, emotional illness, etc.

The same general standards that help determine if a person is considered disabled under the ADA also apply to students under Section 504. This coverage of Section 504 is clearly stated in the 2008 ADA Amendments Act. All qualifying students with a disability are to be afforded the same opportunities to participate in educational programs as their nondisabled peers. However, they are not guaranteed success, but rather an equal opportunity at success. It is not mandatory that a student inform a college of a disability unless they are seeking accommodations for that disability. If this is the case, the student is responsible for notifying the college. The text states that, “colleges may set their own requirements for documentation, as long as they are reasonable and comply with Section 504 and the ADA” (Fossey, 2015, p. 229).

College applicants with a disability are held to the same admissions standards and subject to the same essential requirements as all other applicants. Inquiries about disabilities on admissions applications is prohibited. According to Fossey (2015), “under Section 504, postsecondary institutions are not required to provide an academic adjustment that would alter or waive essential academic requirements or any directly related licensing requirement” (p. 231). This section of the text covering accommodations and modifications was particularly interesting to me, having spent the first five years of my professional career in the middle and high school classroom setting. It made me think back to experiences I had working with students who had Individualized Education Plans (IEPs). The difference though, is that academic adjustments and essential requirements had to be altered and adjusted in order for the child to be successful with regards to his or her disability. This is due mainly to the No Child Left Behind Act of the early 2000s. It became apparent to me through this reading that in higher education, these adjustments can be made, but are not required to be made. Examples of academic adjustments in higher education include, but are not limited to, extended time on tests, reduced course load, and auxiliary aids and services, such as note-takers, recording devices, sign language interpreters, etc.

A very controversial topic concerning accommodations and modifications are requests to waive or substitute program requirements in a manner that does not reflect the same competency as the original requirements. Colleges are not required to lower their standards, but program faculty should be expected to carefully examine program requirements and make a “reasoned and thoughtful determination as to whether each criterion is essential” (Fossey, 2015, p. 233). While colleges are permitted to reject unreasonable accommodation requests, to help avoid unnecessary litigations, the courts advise that administrators thoughtfully investigate any possible options before making a decision that could possibly result in the student not being able to participate in a program due to a disability. Neither Section 504 nor the ADA allows students with disabilities to dictate any and every accommodation they feel a college should supply them. Accommodations should not provide advantages, but merely allow the disabled student an equal opportunity to succeed within an educational program.

This chapter also covers removal or dismissal of a student with disabilities from a program within a college. The same steps should be followed as used with other students when concerning academic or behavioral misconduct. For a student to challenge a removal or dismissal decision, the student must be able to prove that 1) the standards had not been applied uniformly; 2) different, more difficult standards were used when assessing the plaintiff’s performance; 3) grades were based at least in part on the student’s disability; or 4) there was a miscalculation of the grades (Fossey, 2015, p. 236). Throughout this chapter, there are various court cases mentioned where a student sued an institution or professor claiming discrimination or unfair treatment based on their disability. It has become evident after reading through these situations, that Section 504 and the ADA both have very strict guidelines that must be followed, but that the courts are not flippant in always siding with the plaintiff. Unless claims can be substantially backed up, courts seem to have a track record of backing the colleges involved in legal disputes.

QUESTION

If you currently work in higher education, how have you experienced disability laws in action? If you do not currently work in higher education or have never experienced such, what do you feel would be the most common situation(s) surrounding Section 504 or the ADA?

DIRECTIONS

PLEASE ANSWER QUESTIONS 2 PARGRAPHS, APA FORMAT