Legislation
The Rehabilitation Act Section 504
The Rehabilitation Act is the cornerstone of disability rights legislation. The purpose of the Rehabilitation Act of 1973 is to empower individuals with disabilities to gain employment, economic self-sufficiency, independence, inclusion, and integration into society. Section 504 of the Rehabilitation Act was designed to ensure that any program or activity receiving federal financial assistance does not discriminate on the basis of disability for otherwise qualified persons. Section 504 also specifies that colleges and universities may not limit the number of students with disabilities admitted or make pre-admission inquiries as to whether or not an applicant has a disability. In addition, post secondary institutions cannot use admission tests or other criteria that inadequately measure the academic qualifications of students with disabilities because special provisions to take the tests were not made, exclude a qualified student with a disability from any course of study, or establish rules and policies that may adversely affect students with disabilities. In all cases, postsecondary institutions have a responsibility to provide program access to qualified students with disabilities.
Americans with Disabilities Act
(ADA)
The Americans with Disabilities Act (ADA) was enacted in 1990
and many of the provisions of Section 504 were extended to
public and private companies who do not receive federal
funding. The Americans with Disabilities Act of 1990 requires
that people with disabilities be provided equal access to
public programs and services. According to this law, no
otherwise qualified individuals with disabilities shall, solely
by reason of their disabilities, be excluded from the
participation in, be denied the benefits of, or be subjected to
discrimination in these programs. The ADA
upholds and extends the standards for compliance set
forth in Section 504 of the Rehabilitation Act to employment
practices, communications, and all policies, procedures, and
practices that impact the treatment of individuals with
disabilities. Making a service or program
accessible is the responsibility of the service or program.
Access, however, extends past the classroom to all programs and
services made available to the public, such as athletic
programs and extracurricular offerings. The
ADA requires more than
simple physical accessibility (elevators in buildings, reserved
spaces in parking lots, and lifts on busses).
ADA accessibility requirements also apply to
programs offered on the Internet. As the United States
Department of Justice clarifies ("ADA Accessibility," 1997), "
Covered entities that use the Internet for communications
regarding their programs, goods, or services must be prepared
to offer those communications through accessible means as
well." At the postsecondary level, Web sites which need to be
used by students or the public, and software needed for
coursework must be accessible to individuals using adaptive
technology. For example, a blind student using a screen reader
and voice synthesizer must be assured access to the content of
college Web pages.
Section 508
To ensure that the federal government would not perpetuate the
discrimination that the vocational rehabilitation system was
designed to mitigate, Congress enacted civil rights protections
for people with disabilities. On August 7,
1998, Congress amended Section 508 of the
Rehabilitation Act (19 U.S.C. 794d) to expand the federal
government's responsibility to provide electronic and
information technology which is accessible to, and usable by,
people with disabilities. Section 508 of the Rehabilitation Act
specifically covers federal agencies but has an impact on the
greater public. Section 508 requires Federal departments or
agencies that develop, procure, maintain, or use electronic and
information technology, to ensure that the electronic and
information technology is accessible. Section 508 requires that
individuals with disabilities seeking information or services
from a Federal department or agency, have access to, and use
of, information and data comparable to that provided to
individuals without disabilities. For example, the U.S.
Department of Education, the IRS, and other government Web
sites must provide access for blind users who use speech output
systems. If any video clips are used they must have captions
and descriptions. Visual images should also be audio-described
so that people who are blind or deaf have equal
access.
Telecommunications
Act
The Telecommunications Act of 1996 also lays out accessibility
requirements and standards. As more and more educational
opportunities require technology, telecommunications, and
computers, the accessibility issues continue to change. Where a
ramp or interpreter was once sufficient, now "electronic curb
cuts" and adaptive technology are necessary. The Act includes
regulatory reform and effects on other laws including the need
for Internet and Web site accessibility standards, as well as
captioning and audio description of video, and access to
telephone services. For example, in postsecondary education,
individuals with disabilities who are taking distance education
courses must be provided with accessible materials through
printed, phone, Internet, or televised methods. New telephone
technologies, video and multimedia formats must be made
accessible to users that are deaf.
