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Americans with Disabilities Act of 1990

There are two laws, which directly affect students with disabilities in the postsecondary setting: the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990.

The Americans with Disabilities Act of 1990 states that even if operational funds do not derive from the federal government, the institution may not discriminate on the basis of disability.

  • Title II, Subpart A: State and local government entities and programs must be accessible to persons with disabilities.
  • Title III: Programs, goods, and services provided by private entities to the public must be accessible and available.
  • Title II and Title III mandate communication and access in postsecondary settings.

    In the college and university setting, providing accommodations for students is a civil rights issue - a matter of nondiscrimination and access. It does not mean that we must provide whatever accommodation the student needs to be successful, nor must we provide an individualized educational plan (IEP) like those the student may have received in high school. In the postsecondary setting, we must offer equal opportunity to participate and equal access to information, but the institution does not have to guarantee equal outcomes or equal results.

    For students with learning disorders so severe that the student qualifies as having a disability under ADA and Section 504 of the Rehabilitation Act, access is provided by identifying and providing reasonable accommodations.


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    Updated 12/18/06

    Faculty Guide to the Center for Disability Services