Disability Laws in Post Secondary Education

The Rehabilitation Act of 1973

In 1973 the Rehabilitation Act was enacted, delineating the rights of individuals with disabilities to a fair and equal opportunity for education. It was Section 504 of this document which directly affected higher (i.e., postsecondary) educational institutions, in that it stated the following: “No otherwise qualified person with a disability in the United States shall, solely on the basis of disability, be denied access to, or the benefit of, or be subjected to discrimination under any program or activity provided by any institution receiving federal financial assistance.”

Americans with Disabilities Act

In 1990, the ADA expanded on the rights of individuals with disabilities in all areas of public endeavor; Title II dealt with higher education and offered more comprehensive, detailed information on precisely what kinds of accommodation must be provided by a university and under what circumstances. The policies and procedures outlined here are intended to comply with both the letter and spirit of these federal guidelines.

Family Educational Rights and Privacy Act

FERPA is a federal law designed to protect the privacy of educational records and to establish the right of students to inspect and review their educational records. Records maintained at SDCC for the purpose of coordinating services for students with disabilities, including any medical or clinical records, are considered educational records as defined by FERPA and may be disclosed to other school officials with a legitimate educational interest. For example, the provision of academic adjustments is not limited to SSD, but rather a coordinated effort between the student, faculty and staff. Therefore, in the course of providing services, it may become necessary for disability-related information to be shared with other university personnel properly involved in evaluating and responding to requests for accommodations (i.e. instructor, dean, chair).  SSD will make every effort to limit disclosure of information to student’s identity, learning preferences, functional limitations, and explanation of recommended accommodations.

Definition of a Disability

A person with a disability is someone with a physical or mental impairment that substantially limits one or more major life activities. A person is considered to be a person with a disability if he/she has the disability, has a record of the disability, or is regarded as having the disability. Inherent in this definition is the concept that an impairment itself is not a disability. It is the interaction of the impact of an impairment and the demands of the environment that create a disability.

• A “physical impairment” means any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genito-urinary, hemic and lymphatic, skill and endocrine.
• A “mental impairment” means any psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disorders.
• An impairment which “substantially limits” refers to an inability to perform a major life activity, or a significant restriction as to the condition, manner, or duration under which a major life activity can be performed, in comparison to the average person or to most people; the availability of some mitigating factor (such as a hearing aid for a person with hearing loss that brings hearing acuity within normal limits) is not considered when determining if the disability substantially limits the individual.
• Major life activities are the basic activities that the average person can perform with little or no difficulty. These activities include, but are not limited to, walking, seeing, learning, working, performing manual tasks, speaking, and hearing.