Faculty Resource Guide
Federal and state laws require postsecondary institutions not to discriminate against persons with disabilities in either the delivery of services or in access to programs. These laws are designed to provide persons with disabilities an equal opportunity to succeed--not an advantage over students without disabilities.
Title II of the Americans with Disabilities Act (ADA) extends federal civil rights protection in several areas to people who are considered "disabled.” Based upon existing legislation, particularly the Rehabilitation Act of 1973 and the Civil Right Act of 1964, the act states its purpose as providing "a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities."
The ADA is not an affirmative action statute. Instead, it seeks to dispel stereotypes and to assure equality of opportunity, full participation, independent living and economic self-sufficiency. Therefore, the law prohibits excluding people from jobs, services, activities or benefits based on disability. The law provides penalties for discrimination. Read full text of ADA
Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against individuals with disabilities in recruitment, admission, and treatment after admission. To provide individuals with disabilities equal opportunity, it mandates that all recipients of federal funding make adjustments and accommodations in their programs and activities. Section 504 requires that each program or activity operated by the institution be readily accessible to individuals with disabilities. Read full text of the Section 504
Section 508 of the Rehabilitation Act of 1973 as amended 1998 requires Federal agencies to ensure that electronic and information technology is accessible. This applies to its development, procurement, maintenance, or use. Some examples: distance education, online courses, web pages, videos, student portals, kiosks. Read full text of Section 508
California’s Senate Bill 105 requires that California governmental entities comply with the accessibility requirements of Section 508 of the Rehabilitation Act of 1973. Read full text of SB 105
AB 422 requires publishers to provide any printed instructional material in unencrypted electronic form. The colleges can then transcribe, reproduce, and distribute the material in braille, large print,audio recording, or other accessible format. Read full text of AB 422
To read more on legislation, follow these links:
- CA Community Colleges Chancellor’s Office, DSPS Resource Handbook
- CA Community Colleges Chancellor’s Office Legal Opinions
- CA Community Colleges Distance Education Guidelines
- The Faculty Room, University of Washington, Legal Issues