Legal Issues Related to Disabilities

Baker University is legally required to provide reasonable accommodations for students with disabilities. Accommodations are made on a case-by-case basis. Baker University strives to provide equal access to all programs, activities and services for students with disabilities.

The Office of Disability Resources is compiling a manual for Student Disability Policies & Procedures, a draft of which is available for viewing in Student Academic Services. The procedures detailed in the manual are periodically reviewed by the university's legal counsel, and policies may be revised to comply with the counsel's legal opinions that reflect continuing Office of Civil Rights opinions and judicial rulings.

Two fundamental legal documents guide many disability policies in higher education: Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990. Please refer to the excerpts of these documents for further information regarding disabilities and the law.

Section 504 of the Rehabilitation Act of 1973

Section 504 of the Rehabilitation Act of 1973 is a civil rights statute that guarantees specific rights to individuals with disabilities. It provides equal access and reasonable accommodations for otherwise qualified students with disabilities. This law requires all recipients of federal funds, whether in the form of a grant or a contract, to review and, if necessary, modify their programs and activities so that discrimination based on ability is eliminated. This act covers all qualified individuals with disabilities. According to government definition, this means an individual who, with reasonable accommodation, can perform the essential functions of the job (or school curriculum) in question. The objective of Section 504 is to ensure that people with disabilities have opportunities and access to the benefits of all federally funded programs and activities.

Specifically, Section 504 states:

No otherwise qualified individual with a disability in the United States shall solely by reason of his (or her) disability, be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance....

Disabled persons means any person who (i) has a physical or mental impairment which substantially limits one or more major life activities, (ii) has a record of such an impairment, or (iii) is regarded as having such an impairment.

From Federal Register, vol. 45, No. 92, Friday, May 9, 1980, Rules and Regulations

Definitions of Terminology in Section 504

Physical impairment - Any physiological disorder or condition, cosmetic disfigurement or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory including speech organs, cardiovascular, reproductive, digestive, genito-urinary, hemic and lymphatic, skin and endocrine.

Mental impairment - Any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

Major life activities - Functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.

Record of such - A history of, or has been misclassified as having an impairment.

Regarded as having - Does not limit major life activities, but is treated as such. Is limited only as a result of attitudes of others or is treated by a recipient as having such an impairment.

Substantially limits - Prohibits or significantly restricts an individual's ability to perform a major life activity as compared to the ability of the average person.

From Federal Register, Vol. 45, No. 92, Friday, May 9, 1980, Rules and Regulations

Complete Text of Section 504

Americans with Disabilities Act of 1990 (ADA)

The purpose of the ADA

To provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.

To provide a clear, strong, consistent, enforceable standard that addresses discrimination against individuals with disabilities.

To ensure that the federal government plays a central role in enforcing standards established in this act.

To involve congressional authority, including the Fourteenth Amendment, to regulate commerce in order to address the major areas of discrimination.

Further information regarding this legislation is available in the Office of Disability Resources and the Dean of Students office.

Americans with Disabilities Act of 1990 (ADA)

This act augments Section 504 legislation and extends it to the general public, not only educational institutions. In Title II, the ADA specifies:

Qualified individuals with a disability means an individual with a disability who, with or without reasonable modifications 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.

From (ADA), 42 U.S. C., Sec. 12111

For more information about the ADA, including links to ADA regulations, please visit the ADA home page: http://www.usdoj.gov/crt/ada/adahom1.htm