Laws Applicable to Students with Disabilities
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Section 504 of the Federal Rehabilitation Act (FRA)(1973) In
1973, through the passage of Section 504 of the Federal Rehabilitation Act (P.L.
93-112), individuals with disabilities were guaranteed the right of equal access
to any program receiving federal funding. This landmark law reads: "No otherwise
qualified handicapped individual in the United States, shall solely by reason of
his handicap, be excluded from participation in, be denied the benefits of, or
be subjected to discrimination under any program or activity receiving Federal
financial assistance."
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The Americans with Disabilities Act (1990) The ADA protects
millions more Americans with disabilities from discriminatory practices in the
use of public facilities. The ADA significantly extended the coverage of Section
504 of the Federal Rehabilitation Act. Now every public or private entity,
whether federally funded or not, must comply with the FRA. Additionally,
individuals who have a physical or mental disability which substantially limits
one or more life activities are protected under the ADA. These laws require
post-secondary institutions to make modifications in their academic requirements
if such requirements discriminate against a qualified applicant with a
disability. Technical colleges must take the necessary steps to ensure that
students with disabilities are not denied benefits, excluded from participation,
or in any manner subjected to discrimination because of the absence of auxiliary
aids. Access to the academic community has been interpreted to include
meaningful access to libraries, laboratories, campus services, recreation
facilities, housing, and noncredit workshops or courses in the most integrated
setting possible. It is very important to note that the purpose for providing
accommodations to individuals with disabilities is to ensure that they receive
equivalent opportunities to achieve the same results as their peers without
disabilities. It is the delivery of the programs which may require
accommodations. The intent is not to introduce changes in criteria or
performance levels that will lessen or dilute the standards of the programs.
Program standards are not reduced by these laws. The objective of these laws is
to ensure that reasonable accommodations eliminate the competitive disadvantage
a student with disabilities often experiences. Accommodations are not to give a
student with disabilities a competitive edge.
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