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Legal Mandates
Q. What legal rights and responsibilities do postsecondary institutions have regarding qualified students with disabilities?
A. Section 504 of the 1973 Rehabilitation Act states “No otherwise qualified individual with a disability in the United States shall, solely by reasons of his or her 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.” Section 504 defines a person with a disability as someone who:
1. has a disability
2. has a history of a disability, or
3. is perceived by other as having a disability
Title II of the 1990 Americans with Disabilities Act (ADA) defines a qualified student
A. Section 504 of the 1973 Rehabilitation Act states “No otherwise qualified individual with a disability in the United States shall, solely by reasons of his or her 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.” Section 504 defines a person with a disability as someone who:
1. has a disability
2. has a history of a disability, or
3. is perceived by other as having a disability
Title II of the 1990 Americans with Disabilities Act (ADA) defines a qualified student
as an individual who meets the essential eligibility requirements for admission and participation in the college or university's programs, with or without:
1. reasonable modifications to rules, policies, or practices;
2. removal of architectural, communication, or transportation barriers; or
3. provision of auxiliary aids and services.