Disabled people struggle with discrimination throughout their lives, including during their college education. Luckily, there are disability laws in place that aim to protect disabled students from discrimination.
These laws include the Individuals with Disabilities Education Act (IDEA), the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1970 (ADA). These laws all have one common purpose: to help facilitate education for disabled students.
We will discuss in detail the three important laws you must know about as a disabled college student.
Individuals with Disabilities Education Act (IDEA)
The Individuals with Disabilities Education Act is a federal law that ensures children and young people who have disabilities have access to appropriate special education and related service programs. It was initially enacted in 1975 under the name of the Education of Handicapped Children Act.
In 1990, the law was amended and became known as the Individuals with Disabilities Education Act. Additional changes to the law guaranteeing equal access to educational opportunities were formally adopted in 1997 and again in 2004.
The states and their public schools have two major obligations under IDEA.
It is the responsibility of each school district to ensure that all students with disabilities have access to Free Appropriate Public Education (FAPE). These students need to be educated in the least restrictive environment (LRE) possible, which means they should be blended with their classmates as much as possible.
It is the responsibility of schools to identify and evaluate students who may have disabilities, at no expense to their families. This is referred to as Child Find.
Schools have a legal obligation to provide special educational programs and related services (such as speech therapy and counseling) to students who qualify as having a disability. These are made available to students via an Individualized Education Program (IEP). The main goal is to facilitate academic growth among students.
The second obligation is for schools to allow parents to be involved in their child’s education. The Individuals with Disabilities Education Act grants particular rights and protections to parents at each and every stage of the process.
These types of protections are referred to as procedural safeguards. For instance, one of the safeguards is that a school must first obtain the approval of the parents before offering services to children.
The IDEA’s influence extends beyond that of conventional public schools. It encompasses public magnet schools as well as charter schools. Infants and toddlers up to the age of three are eligible for the law’s early intervention services. Lastly, certain students in non-public institutions may be subject to IDEA.
The Rehabilitation Act of 1973
The Rehabilitation Act of 1973 is sometimes known as the Rehab Act. The Rehab Act has been revised on multiple occasions over the years.
The purpose of this law is to prohibit discrimination against people with disabilities in all programs that receive funds from the federal government. The majority of universities and colleges, in addition to federal contractors and agencies, fall into this category.
Under this law, discrimination in the workplace is defined in the same way as it is in Title 1 of the Americans with Disabilities Act. A person with a disability must have a documented impairment and demonstrate that they are capable of performing the duties associated with the position with “reasonable accommodation.”
Let’s examine some of the sections that make up this act:
Section 501
Section 501 of the Rehabilitation Act primarily details provisions of the legislation that apply to federal employees. This includes employees of the US Postal Service (USPS), the Smithsonian, and the Postal Regulatory Commission.
Section 503
This act’s Section 503 mandates that all applicants be treated equally by any company that receives a federal contract or subcontract. This would prevent them from excluding people because of their disabilities. Any business with contracts worth more than $10,000 must follow the rules.
Affirmative action policies are required to be implemented if the company has more than 50 employees and receives contracts worth more than $50,000.
Section 504
Section 504 of the Rehabilitation Act expressly forbids discrimination on the basis of disability in any program receiving government funding.
Section 508
Section 508 addresses the topic of information technology in particular. It mandates that all participants in federally funded programs have equitable access to information and communication technologies.
This involves the development of a guidebook for employers to “think accessible,” which will help guarantee that online job applications and job search tools are suitable for people who have disabilities.
Americans with Disabilities Act of 1990
The Americans with Disabilities Act of 1990 is commonly abbreviated as ADA. This is the primary law that prohibits discrimination based on a person’s disability. It expressly prohibits discrimination based on a person’s disability in all federally funded programs, including schools and private sector organizations.
The Americans with Disabilities Act of 1990 might be seen as the successor to the Rehabilitation Act of 1973. The ADA’s scope of protection extends beyond government-funded entities and into the private sector.
This means that any private or public organization with more than 15 workers must provide “reasonable accommodations” to people with disabilities. Although this rule safeguards those who have physical disabilities, such as those who use wheelchairs, the meaning of “reasonable accommodations” has changed over time.
Protections for those with physical limitations are a little bit more concrete.
There are a number of simple adjustments that can be made to help those who need more accessible public settings, such as designated parking spots, ramps, and accessible stalls in public restrooms. But it’s not always clear what “reasonable accommodations” means when considering “invisible disabilities.”
When the Americans with Disabilities Act was revised in 2008, it opened the door to a broader understanding of what constitutes a disability. The new version of the criteria includes “a physical or mental impairment that substantially limits one or more major life activities.”
Social Security Disability Insurance and College
When you apply for Social Security Disability Insurance (SSDI), the Social Security Administration (SSA) may inquire about how your condition may affect your college education.
While there’s no rule against receiving disability benefits while in college, the SSA considers it for several reasons. College students engage in work-like activities, but disabilities may impact their attendance. The SSA needs to understand how your conditions differ from those of other students, as you may require specific accommodations, such as reduced course loads, extended testing time, online classes, or note-taking assistance. Documentation of these accommodations or accommodations that you may be receiving under one of the three disability laws mentioned above can help demonstrate the impact of your conditions on your college work.
Conclusion
There are many laws that exist to help facilitate higher education for disabled college students. If you are a disabled college student, knowing about these laws is important so you can be informed about your rights.
