Colleges and universities are covered under the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA) of 1990. In 1994, Washington State passed legislation adding new sections to 28B.10 RCW that expresses the same intent as Section 504 and the ADA.
The Rehabilitation Act
Title V of The Rehabilitation Act of 1973 is generally regarded as the first civil rights legislation for people with disabilities on the national level.
Section 504 of the Act prohibits discrimination on the basis of disability in any program or activity offered by an entity or institution receiving federal funds. Since 1977, all institutions receiving federal funding have been required to provide appropriate reasonable accommodations for people with disabilities.
Section 504 states: No otherwise qualified person with a disability in the United States … shall, solely on the basis of disability, be denied access to, or the benefits of, or be subjected to discrimination under any program or activity provided by any institution receiving federal financial assistance.
Definition of a Disability: Section 504 defines a person with a disability as “… someone with a physical or mental impairment that substantially limits one or more major life activities.”
The Americans with Disabilities Act (ADA)
The ADA is a federal civil rights statute designed to remove barriers which prevent qualified individuals with disabilities from enjoying the same opportunities that are available to persons without disabilities.
Colleges are covered in many ways under the ADA. Employment is addressed by Title 1, accessibility provided by public and private entities Titles 11 and 111, and miscellaneous items are covered under Title V.
Definition of a person with a disability: Under the ADA, a person with a disability is someone with, a physical or mental impairment that substantially limits one or more major life activities. A person is considered to be a person with a disability under the law if he/she has the disability, has a record of the disability, or is regarded as having the disability.
Under both Section 504 and the ADA, the term “auxiliary aids and services” include: qualified interpreters, note takers, transcription services, written materials, telephone handset amplifiers, qualified readers, taped text, Braille materials, acquisition or modification of equipment or devices, or other similar services and actions.
Washington State Law
Under Washington State Law (28B. 10 RCW), “… institutions of higher education are obligated to provide services to students with disabilities.” The definition of disability follows the federal guidelines. “Reasonable accommodations” include certain “core services” which are outlined in the statute. It also establishes a grievance procedure for students to follow if they believe discrimination has taken place.
