There are three main pieces of legislation that a faculty member or administrator
should be aware of in regards to students with disabilities:
- Rehabilitation Act of 1973
The purpose of the Rehabilitation Act of 1973 is to provide services and supports to individuals with disabilities in order to gain employment, economic self-sufficiency, independence, and integration into society. Section 504 of the Rehabilitation Act was designed to ensure that any program or activity receiving federal financial assistance does not discriminate on the basis of disability for otherwise qualified persons. The Rehabilitation Act provided a conceptual foundation for the Americans with Disabilities Act (ADA) passed in 1990.
Sources:
1. The U.S. Department of Labor "Section 504, Rehabilitation Act of 1973"
Available [http://www.dol.gov/oasam/regs/statutes/sec504.htm] - Family Educational Rights and Privacy Act (FERPA)
of 1974
The Family Educational Rights and Privacy Act (FERPA) is a Federal law originally passed in 1974 that protects the privacy of student education records, including documentation of disability submitted to support eligibility for services and accommodations. The law applies to all schools and universities that receive funding from any program under the U.S. Department of Education and establishes rules for the access and handling of educational records.
Sources:
1. FERPA (20 U.S.C. § 1232g; 34 CFR Part 99)
2. The U.S. Department of Education's Family Policy Compliance Office
Available [http://www.ed.gov/offices/OII/fpco/ferpa] - Americans with Disabilities Act (ADA) of 1990
The Americans with Disabilities Act of 1990 requires equal access to public programs and services for people with disabilities. According to this law, no otherwise qualified individuals with disabilities shall, solely by reason of their disabilities, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination in these programs.
The ADA places the responsibility for providing documentation supporting a request for accommodation on the individual making the request. At the same time, the ADA expects institutions to treat documentation appropriately, utilizing trained professionals to evaluate documentation and to treat information from documentation as sensitive.
Sources:
1. The U.S. Department of Justice, Civil Rights Division
Available [http://www.usdoj.gov/crt/ada/adahom1.htm]
2. Guckenberger v. Boston University
