2. THE LAW Disability Services and the

3. FEDERAL STATUTES Section 504 of the 1973 Rehabilitation Act Americans with Disabilities Act of 1990

4. 504 & ADA…. ….. are civil rights statutes designed to prevent discrimination against students with disabilities.

5. Section 504  First civil rights statute designed to prevent discrimination against persons with disabilities  Forbids discrimination against persons with disabilities by programs and activities receiving federal funds,

6. Section 504 “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 assistance, or under any program conducted by any executive agency or by the United States Postal Services.”

7. Section 504 The objective of 504 is to ensure that people with disabilities have opportunities and access to the benefits of all federally funded programs and activities.

8. Americans with Disabilities Act  Requires that people with disabilities not be excluded from participation in, or be denied the benefits of, or be subjected to discrimination  Does not require the institution receive federal financial assistance.

9. ADA  Provides clear enforceable standards addressing discrimination against individuals with disabilities by ensuring the federal government plays a significant role.

10. Implications of 504 & ADA  Those who have qualified for admissions have a right to be in higher education.  Once admitted, students have a right to access academic and nonacademic programs.

11. Implications of 504 & ADA  Qualified students are eligible to receive reasonable accommodations that relate to their disabilities.  Students have a right to confidentiality of all disability related information.  Guarantees ACCESS - NOT success!

12. NC - Senate Bill 866 Guarantees the right to persons with disabilities in accessing electronic information, including web sites, computers in public libraries, etc. This bill requires compliance by municipalities, counties, community colleges, universities and any agencies in state government. Guarantees the right to persons with disabilities in accessing electronic information, including web sites, computers in public libraries, etc. This bill requires compliance by municipalities, counties, community colleges, universities and any agencies in state government.

13. Things you should know...  There must be a designated person to coordinate compliance (ADA)  Documentation does not have to be every 3 years (Boston U)  Academic freedom does not supercede other considerations. (Cohen v. San Bernardino Valley College)

14. Things you should know...  Primary consideration should be shown to student’s request (ADA)  College personnel can be held personally liable. (Howe v. Hull)  Have a grievance procedure (ADA)  Due Process

15. Karen Yerby NC Community College System 919-807-7107 yerbyk@nccommunitycolleges.edu