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The Americans with
Disabilities Act (ADA) of 1990
An individual with a disability is defined as a person who: (1)
has a physical or mental impairment that substantially limits one or more
life activities; or (2) has a record of scuh impairment; or (3) is
regarded as having such impairment. Major life activities include
but are not limited to walking, seeing, hearing, speaking, breathing,
learning, working, caring for oneself, and performing manual tasks.
The Americans with Disabilities Act (ADA) of 1990 prohibits
discrimination solely on the basis of disability in employment, public
services and accommodations. The person must be otherwise qualified
for the program, service or job.
The ADA details administrative requirements, complaint procedures and
the consequences for non-compliance related to both services and
employment. The ADA requires provision of reasonable effective
accommodation for eligible students across educational activities and
settings.
Section 504 of the
Rehabilitation Act of 1973
Section 504 of The Rehabilitation Act of 1973 prohibits discrimination
on the basis of disability in programs, public and private, that receive
federal financial assistance. Section 504 covers institutions
regardless of whether they have open door, selective, or competitive
admissions practices.
People with disabilities have the same legal remedies that are
available under Title VII of the Civil Rights Act of 1964, as amended in
1991. Thus, individuals who are discriminated against may file a
complaint with the relevant federal agency or sue in federal court.
Enforcement agencies encourage informal medication and voluntary
compliance.
Application to Higher Education
The above two laws were designed to assure that colleges and
universities are free from discrimination in their recruitment, admission,
and treatment of students.
In application of either law, students with disabilities must be
qualified to participate in the College activities. A qualified
person with a disability is one who meets the admission and essential
eligibility requirements of a program or service, with or without:
- modifications of rules, policies, or procedures,
- removal of architectural, communication, informational barriers,
- provision of auxiliary aids and services
An individual who poses a direct threat to the health and safety
of the individual or others will not be qualified.
The basic requirement of the law as applied to institutions of higher
education is:
- all programs and services, or facilities must be accessible to and
usable by people with disabilities.
- program access must be assured in the most integrated setting
appropriate to the needs of the individual and in the maximum extent
possible.
The law does NOT require:
- making each facility accessible if alternatives are effective;
- a fundamental alteration of programs and services;
- undue financial or administrative burden.
The College must provide auxiliary aids to ensure the participation of
students in college classes and activities; and must accommodate the
academic participation of qualified students with disabilities.
The institution must NOT:
- limit the number of students with disabilities admitted,
- make pre-admission inquiries as to whether or not an applicant has a
disability,
- use admission criteria that inadequately measure the academic level
of visually impaired, hearing impaired, or otherwise disabled
applicants because special provisions were not made for them,
- exclude a student with a disability from any course of study solely
on the basis of his/her disability,
- counsel students with disabilities toward a more restrictive career
than non-disabled students, unless such counsel is based on strict
licensing or certification requirements in a profession,
- measure student achievement using modes that adversely discriminate
against students with disabilities, or
- institute prohibitive rules that may adversely affect the
performance of students with disabilities.
The law does not require "special treatment" of students with
disabilities, but does require the opportunity for equal participation in
the College's programs by providing to eligible and qualified students
appropriate academic adjustments and auxiliary aids (reasonable
accommodations) to facilitate the students' fullest possible participation
in the College's academic programs.
The College is under no obligation to change academic requirements
which the College, programs, or majors can demonstrate are essential to
the program of instruction or to any direct licensing requirement.
Southern West Virginia Community and Technical College makes every
effort to comply with Section 504 of the Rehabilitation Act of 1973 and
the Americans with Disabilities Act of 1990.
Last Update -
05/21/2007
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