Disability Law                       

 

            clip art justice scale

 

Section 504 of the Rehabilitation Act of 1973 was designed to ensure that any program or activity receiving federal financial assistance does not discriminate on the basis of disability for otherwise qualified persons.

 

The Americans with Disabilities Act of 1990 requires that people with disabilities be provided equal access to public programs and services; it basically extended Section 504.

 

On August 7, 1998, Congress amended Section 508 of the Rehabilitation Act (19 U.S.C. 794d) to expand the federal government's responsibility to provide electronic and information technology which is accessible to, and usable by, people with disabilities. Section 508 of the Rehabilitation Act specifically covers federal agencies but has an impact on the greater public.

 

In 2000, Glendale Community College established board policy that verified our intention to adhere to federal and state disability laws; to maintain policies and procedures for responding to requests for accommodations from students with disabilities. 

 

In 1977, the Department of Health, Education, and Welfare established guidelines for implementing Section 504. Case law has continued to contribute to guidelines for considering accommodation requests. These regulations include the following points:

 

  • Services provided to individuals with disabilities should be as effective as those provided to others.

  • There is no obligation to ensure identical results or levels of achievement.

  • They must be given equal opportunity to gain the same results or levels of achievement.

  • Postsecondary institutions are not required to compromise on requirements that are essential to the program or course of instruction or that are directly related to licensing requirements.

  • If there is content or a process that is not essential to the evaluation of mastery of a course, the postsecondary institution must alter methods of evaluation in order to best ensure that test results reflect student achievement rather than areas of disability.