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HCCC > Student Services > Academic Support Center > Services for Students with Disabilities 

Laws Protecting Persons with Disabilities

THE REHABILITATION ACT OF 1973

Title V of the Rehabilitation Act of 1973 is commonly considered as the first “civil rights: legislation for persons with disabilities on a national level.  Of direct importance to the post-secondary educational community is Subpart # of Section 504 which reads:

No otherwise qualified person with a disability in the United States.shall, solely on the basis of a 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.

THE AMERICANS WITH DISABILITIES ACT

The Americans with Disabilities Act provides civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion.  It guarantees equal opportunity for individuals within public accommodations, employment, transportation, state and local government service and communications.  (“Consumer Law Page”)

Under the Americans with Disabilities Act, an individual with a disability is a person who:

  • has a physical or mental impairment that substantially limits one or more major life activities;
  • has a record of such an impairment;

  • is regarded as having such an impairment.

A physical impairment is defined by the ADA as

‘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, genitourinary, hemic and lymphatic, skin and endocrine.’ (“Consumer Law Page”)

A mental impairment is defined by the ADA as

‘any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.’

(“Consumer Law Page”)

A record of such impairment protects people who have a history of disability from discrimination, whether or not they currently are substantially limited in a major life activity.  It protects people with a history of cancer, heart disease, or other debilitating illness whose illnesses are either cured, controlled, or in remission.

(“Definition of Disability”)

According to the ADA, a “qualified person with a disability” is defined as one who meets the academic and technical standards requisite to admissions or participation in the college’s programs and activities.  Qualified persons include, but are not limited to, students with any of the following disabilities: 

AIDS              Epilepsy                      Mental illness              Orthopedic impairment         Cancer             Hearing impairment    Mental retardation      Perceptual impairment

Cerebral palsy Heart disease               Multiple sclerosis        Speech impairment

Diabetes          Learning disabilities    Muscular dystrophy    Substance abuse

                                              Visual impairment

 

Below are listed some general ADA guidelines for protecting individuals against discrimination based on disability:

  • A qualified individual with a disability must be provided access to programs, activities, and services which are offered to others.

  • A qualified person with a disability must have an equal opportunity to participate in or benefit from that which is offered to others.

  • Programs, activities, services, and accommodations for persons with disabilities cannot be separate or different from those provided to other individuals, unless necessary to achieve equally effective services.

  • Programs, activities, services, and accommodations must be provided to an individual with a disability in the “most integrated setting” appropriate.  If you find it necessary to set up separate or different programs, activities or services for persons with disabilities to achieve an equal effect, you must still allow disabled students to participate in existing programs if they are capable and desire to do so.

  • Standards, tests, criteria, or methods of administration that have the effect of discriminating on the basis of disability may not be used.

  • Eligibility criteria cannot screen out or tend to screen out individuals with a disability unless such criteria can be shown to be necessary for the programs, activities, services or accommodations being offered.