Disability Law

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An Introduction to Disability Law and Higher Education

The two pieces of legislation that are considered primary in protecting the rights of students with disabilities in postsecondary education settings are Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act. These are civil rights laws that protect the rights of people with disabilities to participate fully in the programs and activities of public entities—including postsecondary institutions. These laws further require that postsecondary institutions make reasonable accommodations to provide students with disabilities equal opportunities to participate. "A person with a disability" is defined by the Americans with Disabilities Act as having "a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment." In both Section 504 and the ADA, physical access and program access are covered.

Accommodations provided in a postsecondary education setting may include academic adjustments and auxilliary aids and services. Academic adjustments are changes such as:

• reduced course loads
• course substitution or waiver
• extra time on exams
• provision of exams in a reduced-distraction setting
• extension of time to complete assignments
• extension of time allowed for degree completion
• permission to tape record classes