The Rehabilitation Act of 1973 ADA

The Act

The Rehabilitation Act of 1973 (PL 93-112), Section 504 provides that no otherwise qualified individual with a disability in the United States shall, solely by the reason of disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

Implications for Post-secondary Education

Section 504 applies to post-secondary education programs and activities. It designates that:

1. Students with disabilities must be given an equal opportunity to participate in and benefit from all post-secondary education programs and activities. This includes any course, course of study, or activity offered.
2. Rules that limit students with disabilities participation in a program or activity may not be imposed upon the students with disabilities. Examples include, prohibiting tape recorders and calculators in classrooms or guide dogs in campus buildings.
3. Academic requirements must be modified, on a case-by-case basis, to afford qualified students with disabilities an equal educational opportunity.

The Americans with Disabilities Act

The Americans with Disabilities Act (ADA) of 1990 is a civil rights guarantee for persons with disabilities, and it was signed into enactment on July 26, 1990. It is divided into five main parts: Title I Employment; Title II Public Services; Title III Public Accommodations and Services Operated by Private Entities; Title IV Telecommunication; and Title V Miscellaneous Provisions.

Since Coppin State University (CSU) is a recipient of federal funding, it will be most affected by Title I which prohibits discrimination in employment practices for qualified applicants with a disability and Title II which requires equal access to services and programs offered by public entities. Many of the ADA regulations come directly from Section 504 of the Rehabilitation Act of 1973.

Unlike Section 504, the ADA of 1990 opened the door for people with disabilities to sue institutions or individuals directly if they have exhausted every chance for arbitration with the institution. Under Section 504 of the Rehab Act of 1973, people who feel they have been discriminated against must take complaints to federal agencies to investigate.

According to the ADA, a person with a disability is anyone who has a physical or mental impairment which substantially limits one or more major life activities. This includes mobility, vision, hearing, chronic illness, learning disabilities, traumatic brain injury, psychiatric conditions, and intellectual disabilities. The ADA requires CSU to provide reasonable accommodations when necessary for individuals with disabilities.