Legal Rights

Disability Law and Higher Education

The rights of students with disabilities are protected under Section 504 of the Rehabilitation Act of 1973 (section 504) and the Americans with Disabilities Act of 1990 (ADA).

Section 504

“No otherwise qualified individual with a disability in the United States shall, solely by reason of her/his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.”

Americans with Disabilities Act

The American with Disabilities Act of 1990 extends anti-discrimination legislation to all institutions of higher education regardless of whether or not the institution receives federal funds. This federal anti discrimination statute became effective on January 26, 1992 . The ADA provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local governmental services and telecommunication. The act contains five titles; Titles II through V apply specifically to students who attend postsecondary education.