Rights of Disabled Adults in Universities and Colleges

More disabled adults than ever before are entering colleges and universities, according to the American Council on Education. Federal disability laws protect these students' rights and assure them an equal education. Title II and III of the Americans with Disabilities Act (ADA) of 1990 applies to colleges and universities. It was preceded by the Rehabilitation Act of 1973, which, though still relevant, was less comprehensive.
  1. Rehabilitation Act

    • Beginning in the 1970s, universities and colleges in the United States that accept federal funds adhered to subpart E of section 504 of the Rehabilitation Act. This provision required the institution to provide program accessibility, meaning that the program must be offered in a location that is accessible to the disabled student. It does not require the institution to make its existing facilities structurally accessible, only its programs, classes or services. The provision requires newly constructed facilities to be structurally accessible to students with disabilities.

    Title II

    • Title II of the Americans with Disabilities Act applies to public colleges. This provision is much like Section 504 of the Rehabilitation Act, but it applies whether or not the school accepts federal funding. Like 504, Title II does not require the school alter an existing facility. However, if a class because of its location is inaccessible to a disabled student who desires access, it must be relocated. If it is a program that offers items such as books, a retrieval program may be provided rather than relocation.

    Title III

    • Title III of the Americans with Disabilities Act applies to all private institutions (colleges affiliated with a religion are exempt). Unlike Title II, Title III requires the private institution to remove architectural barriers in existing buildings whenever it is "readily achievable." This higher standard of accessibility required of private institutions is the primary difference between Title II and Title III. For barrier removal that is not "readily achievable," relocation or retrieval programs are options.

    Other Accessibility Issues

    • Whether the institution is public or private, the ADA requires it to provide services such as Braille material, sign language interpreters, special exam environments or any equipment needed for students with disabilities to participate in academic or social activities offered. The student with a disability must notify the school of his desire to participate in enough time for the school to make the needed program modification. Disabled students are sometimes required to provide documentation of their disabilities before the modification request is submitted.

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