Legal Issues Concerning Faculty in Higher Education

With the passage of the Americans with Disabilities Act (1990), individuals with disabilities have protected legal rights from early education through obtaining and maintaining employment. This section will discuss the faculty rights and responsibilities in providing access to higher education for students with disabilities. 

Public Law 94-142, The Education of all Handicapped Children Act (currently PL 101-476 and named The Individuals with Disabilities Act or IDEA)

While this law does not directly apply to postsecondary education, students eligible for services under IDEA at the elementary and secondary level are increasingly accessing services in higher education.  As a result, this legislation shapes the accommodation expectations that students bring to college.

The Rehabilitation Act of 1973

Title V of the Rehabilitation Act of 1973 is generally considered the first national civil rights legislation for individuals with disabilities.  Of direct importance to faculty in postsecondary institutions who are working with students with disabilities is Section 504.  Essentially, Section 504 requires nondiscrimination and mandates accessibility to educational programming by all institutions receiving federal funding.  It requires that no otherwise qualified person with a disability be denied access to, or the benefits of, or be subjected to discrimination by any program or activity provided by any institution or entity receiving federal financial assistance.  While it does not require that special educational programming be developed for students with disabilities at the postsecondary level, it does require that an institution be prepared to make appropriate academic adjustments and reasonable modifications to policies and practices in order to allow the full participation of students with disabilities in the same programs and activities available to non-disabled students. Accommodations specifically mentioned within the legislation include use of a tape recorder and access to a notetaker.

Americans with Disabilities Act, 1991

The essential difference between the Rehabilitation Act and the Americans with Disabilities Act (ADA) is one of coverage.  While the Rehabilitation Act covers recipients of federal funds, the Americans with Disabilities Act (ADA) extends protection to individuals with disabilities in private entities, state and local governments (including institutions of higher learning).  Title II of ADA addresses higher education, and offers more comprehensive, detailed information on precisely what kinds of accommodation must be provided by a university, and under what circumstances.



Last Revised March 6, 2006