1. Section 504 of the Rehabilitation Act
of 1973
"No otherwise qualified person with a disability in the United
States...shall, solely by reason of...disability, be denied the
benefits of, be excluded from participation in, or be subjected
to discrimination under any program or activity receiving federal
financial assistance."
*a person with a disability...
"any person who (1) has a physical or mental impairment which
limits one or more major life activities, (2) has record of such
an impairment, or (3) is regarded as having such an impairment."
*a "qualified person with a disability"...
"who meets the academic and technical standards requisite
to admission or participation in the education program or activity."
Significance...
Student: A student must meet the university's
qualifications for entry in order to be considered otherwise
qualified. The student is obligated to self-identify the disability
and the needed accommodations. For Tennessee Tech's Office of
Disability Services, the student is required to provide appropriate
recent documentation.
University: The university must provide the
student reasonable accommodations that allow an equal opportunity
to participate in the institution's programs, activities and services.
Faculty and Staff: Faculty and staff have the
responsibility to cooperate with the Office of Disability Services
in providing the appropriate accommodations in a timely and reasonable
manner.
Faculty and Staff should be aware that there
is personal liability. If a faculty member fails
to provide an accommodation to a student with a documented disability,
that member may be held personally liable.
2. Section 508
In 1998, Congress amended the Rehabilitation Act to require federal
agencies to make their electronic and information technology accessible
to people with disabilities. Inaccessible technology interferes
with an individual's ability to obtain and use information quickly
and easily.
3. Americans with Disabilities Act (ADA)
Prohibits discrimination and ensures equal opportunity for persons
with disabilities in employment, state and local government services,
public accommodations, commercial facilities, and transportation.
The ADA requires that reasonable accommodations be provided in
meeting the needs of individuals with disabilities. These accommodations
apply to employment, public services, transportation, and public
accommodation, regardless of whatever federal funds are received.
4. Confidentiality
Faculty/staff do not have the right to access diagnostic information
regarding a student's disability. Faculty/staff need only know
the accommodations that are necessary to provide equal opportunity
to a student. The Family Educational Rights and Privacy Act of
1974 (FERPA) and the Americans with Disabilities Act (ADA) do
not allow faculty to access disability related information. Disclosure
of any further information only occurs with the student's written
permission.
Faculty/staff members need to be aware that confidentiality also
protects a student from identification to others. A faculty/staff
member should never identify a student as having a disability
to other faculty/staff members, as well as students. A faculty/staff
member does not need to provide explanation to other students
for a student that may use a computer in class or take a test
outside class time. Refraining from giving explanations is a safeguard
for confidentiality.
