ADA Law

Section 504 of the Rehabilitation Act of 1973 states that: "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."

The Americans with Disabilities Act of 1990 (ADA) is the civil rights guarantee for persons with disabilities in the United States. The ADA upholds and extends the standards for compliance set forth in Section 504 of the Rehabilitation Act of 1973 to employment practices, communications, and all policies, procedures and practices that impact the treatment of students with disabilities.

Definitions & Categories of Disability
A "person with a disability" includes "any person who (i) has a physical or mental impairment which substantially limits one or more of such person's major life activities; (ii) has a record of such an impairment, or (iii) is regarded as having such an impairment."

A "qualified person with a disability" is defined as one who meets the requisite academic and technical standards required for admission or participation in the post secondary institution's programs and activities.
The California State University has established the following categories of disabilities for reporting purposes:

Visual Limitation
Blindness or partial sight to the degree that it impedes the educational process and necessitates procurement of supportive services or programs. Students in this category shall not require interpreting services.

Communication Disability
Limitation in the processes of speech and/or hearing which impedes the educational process and necessitates the procurement of supportive services or programs. Students in this category shall not require interpreting services.

Deafness
Limitation in the process of hearing which impedes the educational process and necessitates the procurement of supportive services or programs. Students in this category shall require sign language interpreters or stenocaptioners.

Mobility Limitation
Limitation in locomotion or motor functions which indicated a need for supportive services or programs. Included in this category would be persons who have asthma, cardiovascular problems, or who do not have motor functions necessary to lift or carry items normally used in an academic setting (i.e., books and supplies)

Learning Disability
A generic term that refers to a heterogeneous group of disorders manifested by significant difficulties in the acquisition and use of listening, speaking, reading, writing, reasoning, or mathematical abilities. Students must have verification of a learning disability supported by appropriate diagnostic test results as reviewed and determined by qualified program staff. In order to be certified as " learning disabled," the student must meet the official criteria as specified by the CSU Chancellor's Office. For further information, please contact an SDRC counselor.

Other Limitation
Any other dysfunction of a body part or process which necessitates the use of supportive services or programs, and which does not fall within the categories listed above.


 


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