ADA and Section 504
Rogue Community College abides by The Americans with Disabilities Act 1990 (ADA) and Section 504 of the Rehabilitation Act of 1973. Both laws were created to insure non-discrimination and directly impact post-secondary education.
ADA: ". . .no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of services, programs, or activities of a public entity, or be subjected to discrimination by any such entity." CFR 104.43
Section 504: "Any institution receiving federal funds cannot discriminate on basis of disability and must provide equal access."
At the postsecondary level, the recipient is required to provide students with appropriate academic adjustments and auxiliary aids and services that are necessary to afford an individual with a disability an equal opportunity to participate in a school's program. Recipients are not required to make adjustments or provide aids or services that would result in a fundamental alteration of a recipient's program or impose an undue burden. CFR 104.44
- Be Effective! They must remove the barrier.
- Be appropriately related to the student’s disability/functional limitations.
- Be equal or better than.
- Maintain essential elements of the course (academic integrity).
Accommodations Must Not:
- Fundamentally alter the essential functions of a course. Academic and technical standards cannot be modified or waved.
- Be of a personal nature. (Transportation, JAWS on a student’s home computer)
- Impose a Direct Threat to others (not self).
- Give a student an unfair advantage.
- Present an undue hardship.
- Disruptive behavior whether due to a disability or not is not permitted.
- Cost prohibitive. (AHEAD)