Legal Issues

What is the Rehabilitation Act of 1973?

The Rehabilitation Act of 1973 prohibits discrimination on the basis of disability and applies to any program that receives federal financial support. Section 504 of the Act is aimed at making educational programs and facilities accessible to all students. Section 508 of the Act requires that electronic office equipment purchased through federal procurement meet disability access guidelines.

Who is a "person with a disability?"

According to the Americans with Disabilities Act Amendments Act (ADAAA) of 2008, a person with a disability is "any person who 1) has a physical or mental impairment which substantially limits one or more major life activities [including the operation of a major bodily function, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working], 2) has a record of such an impairment, or 3) is regarded as hav

What is a "qualified" individual with a disability?

According to the Americans with Disabilities Act, a qualified individual with a disability is "an individual with a disability who, with or without reasonable modification to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity."

What does Section 255 of the Telecommunications Act require?

Section 255 of the Telecommunications Act, which took effect in 1996, requires telecommunications products and services to be accessible to people with disabilities to the extent access is "readily achievable," meaning easily accomplishable, without much difficulty or expense. If manufacturers cannot make their products accessible, then they must design them to be compatible with adaptive equipment used by people with disabilities, where readily achievable. Examples of products Section 255 covers include telephones, pagers, fax machines, modems, and telephone company switching equipment.

What is a 504 Plan?

A 504 Plan is a plan developed to ensure that a child with a disability, identified under Section 504 of the Rehabilitation Act of 1973, attending an elementary or secondary educational institution receives accommodations that will provide access to the learning environment.

What is an Individualized Education Plan?

An Individualized Education Plan (or Program) is also known as an IEP. This is a plan or program developed to ensure that a child with an identified disability who is attending an elementary or secondary educational institution receives specialized instruction and related services. The IEP is developed by a team of individuals from various educational disciplines, the child with a disability, family members, and/or designated advocates.

An IEP typically includes the following:

How can postsecondary institutions determine whether a student is "otherwise qualified" for science, technology, engineering, and/or mathematics curricula?

At the postsecondary educational level, a qualified student with a disability is a student with a disability who meets the academic and technical standards required for participation in the class, program, or activity. The standards for a student with a disability are the same as those for all students entering the program. However, a student with a disability may request and receive reasonable accommodations to demonstrate that they meet those standards.

What is the Individuals with Disabilities Education Act?

The Individuals with Disabilities Education Act (IDEA) is the federal law that supports special education and related service programming for children and youth with disabilities. It was originally known as the Education of Handicapped Children Act, passed in 1975. In 1990, amendments to the law were passed, effectively changing the name to IDEA. In 1997 and again in 2004, additional amendments were passed to ensure equal access to education.

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