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Arts & Sciences
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Contents > Section 10
Contents > Section 10.1
RAMIFICATIONS OF THE REHABILITATION ACT OF 1973 AND THE AMERICANS WITH DISABILITIES ACT
Section 504 of the Rehabilitation Act of 1973 and the ADA,
prohibit discrimination on the basis of disability. Appropriate
academic accommodations may need to be made to, in effect, "level the
playing field" for qualified students with disabilities. Under these
laws students have rights and responsibilities. Both the request for
accommodation and the provision of support must be "appropriate and
timely," and the institution is not required to jump through hoops to
meet the needs of students who fail to give adequate notice of their
accommodation needs.
With the above in mind, a few pertinent points are as follows:
- Academic requirements which may appear to or have the effect
of discriminating on the basis of disability are subject to the
following:
- It must be demonstrated that the requirement is
essential to the course of study being pursued.
- It must be demonstrated that the requirement is necessary
for licensing.
- Academic rules and regulations that have the effect of
limiting participation in programs or activities (i.e., refusing
to allow tape recorders, braillers, or guide dogs) are
prohibited.
- Alternate testing procedures must be developed/implemented so
that the student's achievement is being measured rather than
impaired sensory, manual or speaking skills, unless such skills
are the factor being measured. Departments/schools are encouraged
to communicate the availability of these alternative
procedures.
- No student with a disability may be denied "the benefits of,
excluded from participation in or otherwise subjected to
discrimination" under any educational program or activity because
of an absence of educational auxiliary aids for students with
impaired sensory functioning.
- Students with disabilities may not be counselled toward more
restrictive career objectives than nondisabled students with
similar interests and abilities. This requirement does not
preclude providing factual information about licensing and
certification requirements that may present obstacles to disabled
persons in their pursuit of particular degrees/careers.
- Other adjustments in policies or practices may be required in
order to comply with these nondiscrimination statutes.
- Modifications should not be based on any generalizations
regarding categories of disability, but should be made in
individual instances on a case by case basis. In general,
modifications should be made to accommodate students' disabilities
within the most integrated setting appropriate.
- Questions regarding the Rehabilitation Act/ADA may be
addressed to the Office of Disability Resources.
(Supplied by Disability
Services) 8/98
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