WHAT IS A DISABILITY?

According to the Americans with Disabilities Act, a disability "must substantially limit a major life activity. Major life activities include such activities as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working" (Title III-2.4000). Title III offers protection to three categories of people with disabilities:

1. individuals who have a physical or mental impairment that substantially limits one or more major life activities,
2. individuals who have a record of a physical or mental impairment that substantially limited one or more of the individual's major life activities, and
3. individuals who are regarded as having such an impairment, whether they have the impairment or not.

Disabilities covered by legislation may include (but are not limited to) spinal cord injuries, cancer, psychiatric disorders, brain injuries, learning disabilities, speech impairments, visual impairments, deafness, epilepsy, cerebral palsy, multiple sclerosis, loss of limbs, diabetes, AIDS, and severe orthopedic injuries.

WHAT IS THE LEGAL BASIS FOR DISABILITY SERVICES?

The Rehabilitation Act of 1973 (as amended through 1998)

Section 504(a) of the Rehabilitation Act of 1973 states the following:

No otherwise qualified individual with a disability in the United States, as defined in section 7(20), shall, solely by reason of her or 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. . . .

To comply with this mandate, colleges and universities that receive federal assistance must assure that the same educational programs and services offered to non-disabled students are available to students with disabilities.

To accomplish this goal, both physical and program access must be provided. Access means more than the removal of architectural barriers and the provision of auxiliary services. It also means that reasonable accommodations must be made in the instruction process to ensure full educational opportunity.

Knowledge, judgment, and sensitivity are essential for achieving these ideals. These guidelines are designed to heighten awareness of students, faculty, and staff regarding needs of students with disabilities.

The Americans with Disabilities Act

The Americans with Disabilities Act (ADA) of 1990 is a broad affirmation of the administrative regulations of Section 504. In contrast to Section 504, its application is not limited to agencies receiving federal funding. Like the Civil Rights Act of 1964, the ADA is a federal anti-discrimination statute, which seeks to provide equal access opportunities. The ADA does not guarantee equal results, establish quotas, or require preferences favoring individuals with disabilities over those without disabilities.

Title II-2.8000 of the ADA defines the term "qualified":

In order to be an individual protected by Title II, the individual must be a "qualified" individual with a disability. To be qualified, the individual with a disability must meet the essential eligibility requirements for receipt of services or participation in a public entity's programs, activities, or services with or without (1) reasonable modifications to a public entity's rules, policies, or practices; (2) removal of architectural, communication, or transportation barriers; or (3) provision of auxiliary aids and services.

HOW DOES THE ADA APPLY TO IVY TECH STATE COLLEGE?

Title I requires nondiscrimination in employment; Title II requires non-discrimination in all programs and services of state and local governments, including publicly supported colleges and universities. Title III regulations govern physical access features of new building construction and remodeling, while Title IV mandates the accessibility of telecommunication services.

ADA QUIZ QUESTION # ONE

Which conditions are NOT covered by the ADA?

1. current drug use
2. middle age
3. AIDS
4. stuttering
5. deafness
6. gambling
7. cerebral palsy
8. illiteracy
9. dyslexia
10. attention-deficit disorder

Answers: A, B, F, and H. Note that illiteracy is viewed as the possible result of environmental deprivation, whereas dyslexia is considered a chronic disorder of possible neurological origin. The other conditions are covered only if the disability "substantially" limits a major life activity.