Section 504 and the Americans with Disabilities ActSection 504 Section 504 of the Rehabilitation Act of 1973 protects people with disabling conditions from discrimination. These conditions include sensory or manual impairment as well as certain medical conditions such as epilepsy, cancer, psychiatric illness and some orthopedic conditions. Those with learning disabilities and attention disorders are also protected. Section 504 ensures that persons with a disability can gain equal access to education through accommodations and modifications. Section 504 specifically says: “No otherwise qualified individual with a disability in the United States, as defined in section 706(8) of this title, shall, solely by reason of her or his handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service....” —29 U.S.C. § 794(a) (1973).
ADA Because Section 504 federal regulations were perceived by some as not far-reaching enough to adequately prevent discrimination in employment, public transportation, and access to communication and public accommodations, the Americans with Disabilities Act (ADA) of 1990 was created to attempt to end segregation and exclusion of people with disabilities. It does not change the Section 504 regulations. While it sometimes deals more with access to “physical” entities, it still has an impact on post-secondary education. ADA specifically says: “No qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity” (USC:12132 42).
Burden of Proof Disabilities accommodations in higher education are approached a bit differently than in K-12 educational settings. In K-12, the burden is on the school to diagnose disabilities and to approach students regarding disabilities accommodations. In higher education, since students are viewed as adults, the responsibility for both disclosure and proof of a disability is on the student.
Documentation Documentation from a qualified medical professional or diagnostician is required which shows that a student’s condition qualifies under ADA/504 as a disability. This includes persons who:
Individualized Accommodations Effective and appropriate accommodations must be decided on a case-by-case basis, based on recent documentation which details the condition of disability. Student’s needs and learning styles vary greatly.
Nothing in 504 or ADA articulates what accommodations must be given or how. Communication with the student and comprehensive documentation are essential in formulating appropriate accommodations. However, the ultimate decision on what specific accommodations will be implemented is up to the college/disabilities coordinator, based on the nature of the particular disability and what is reasonable and workable within the program of study. Ultimately, the burden of proof that the accommodations are effective lies with the university. Precedent Though a previous school may have determined that certain accommodations were appropriate for a given student, Goddard College is not obligated to provide the same accommodations.
Post-secondary level educational institutions must follow certain guidelines that include:
Requests for Accommodations Requests for accommodations for students enrolled in any Goddard program should be made by contacting the Academic & Disabilities Support Office, 802-322-1639 or email adsoffice@goddard.edu. For instructions, please see the Requesting Accommodations page. |