Rights of Students with Disabilities
does the law protect students with disabilities?
The first major legislation protecting college and university students
with disabilities was the Rehabilitation Act of 1973--in particular, Section
504 of that statute.
According to Section 504, an otherwise qualified person with a disability
may not, "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
The term "program or activity" includes all the operations of
a college, university, or other post-secondary institution. As a recipient
of federal funds, the Maricopa County Community College District is subject
to the requirements of Section 504.
Nearly twenty years after the passage of the Rehabilitation Act, Congress
enacted the Americans with Disabilities Act (ADA). The ADA holds that
"[n]o individual shall be discriminated against on the basis of disability
in the full and equal enjoyment" of public accommodations. A "place
of education" is deemed a public accommodation under the ADA.
In addition, the ADA requires that examinations or courses in licensing,
certification or credentialing for post-secondary education purposes be
offered "in a place and manner accessible to persons with disabilities
or offer alternative accessible arrangements for such individuals."
What is a disability?
Under federal laws like Section 504 and the ADA, a disability is a physical
or mental impairment that substantially limits one or more of a person's
major life activities, a record of an impairment, or being regarded as
having such an impairment.
Both Section 504 and the ADA exclude certain conditions from what may
be deemed a disability. Compulsive gambling, kleptomania, and pyromania
are not considered disabilities under either statute. In addition, transvestitism,
transsexualism, pedophilia, and "other sexual behavioral disorders"
may not be claimed as disabilities.
Sometimes, court decisions or federal agency regulations may be relied
upon in determining whether a particular condition is a disability. For
example, some courts have held that obesity may be a disability under
the ADA. Various federal agencies also have determined that "emotional
or mental illness" and "specific learning disabilities"
can be considered disabilities under Section 504.
Early federal legislation protecting the rights of persons with disabilities
(such as the Education of the Handicapped Act of 1970) labeled those persons
"handicapped." But since the passage of the ADA, Congress has
eliminated the use of that term. Today, nearly all such legislation refers
to persons or individuals with disabilities.
What is an institution's obligation toward students with disabilities?
In general, Section 504 holds that no qualified student with a disability
may be excluded from participation in, denied the benefits of, or otherwise
subjected to discrimination under any academic, occupational training,
health insurance, counseling, financial aid, physical education, athletics,
recreation, transportation or extracurricular program.
A qualified student is a student who meets the academic and technical
standards requisite to admission or participation in the institution's
education program or activity.
An institution may need to modify certain academic requirements to ensure
that students not be discriminated against on the basis of a disability.
Such modifications might include changes in the length of time permitted
to complete degree requirements, substitution of specific courses required
for completing degree requirements, and changes to the manner in which
certain courses are conducted.
Any academic requirements that are essential to the program of instruction,
however, will generally not be regarded as discriminatory and, therefore,
will not be subject to modification.
To further ensure against discrimination based on disability--especially
one that constitutes an impairment of sensory, manual or speaking skills--an
institution may make available auxiliary aids, such as taped texts, interpreters,
readers, specially-adapted equipment, and similar services and actions.
What are my rights as a student with a disability at the Maricopa Community
The Maricopa County Community College District will not discriminate on
the basis of disability in the application, admission, participation,
access or treatment of persons in any of Maricopa's instructional programs
Students of the Maricopa Community Colleges who feel they have been victims
of discrimination based on disability are encouraged to use the District's
internal complaint procedures. Information regarding these procedures,
as well as complaint forms, is available from a college's Student Services
office, and from the District Legal Services Department. Students may
also lodge complaints with appropriate governmental agencies, such as
the Office of Civil Rights of the US Department of Education.