Disability Services - The Law

Federal law states that . . .

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

A person with a disability includes . . .

"any person who (1) has a physical or mental impairment which substantially limits one or more major life activities, (2) has a record of such an impairment, or (3) is regarded as having such an impairment." A "qualified person with a disability" is defined as one . . .

"who meets the academic and technical standards requisite to admission or participation in the educational program or activity."

Federal law protects the rights of qualified individuals who have disabilities generally

  • Blindness/visual impairment
  • Cerebral palsy
  • AIDS
  • Deafness/hearing impairment
  • Arthritis
  • Epilepsy or seizure disorder
  • Cancer
  • Orthopedic/mobility impairment
  • Cardiac disease
  • Specific learning disability
  • Diabetes
  • Speech and language disorder
  • Multiple sclerosis
  • Spinal cord injury
  • Muscular dystrophy
  • Tourettes syndrome
  • Psychiatric disability
  • Traumatic brain injury

Under the provisions of Federal law . . .

Adams State University may not discriminate in the recruitment, admission, educational process, or treatment of students. Students who have self-identified, provided satisfactory documentation of disability, and requested reasonable accommodations are entitled to receive reasonable accommodations, appropriate academic adjustments, or auxiliary aids and services that enable them to participate in and benefit from all educational programs and activities.

Federal law specifies that colleges and universities may not . . .

limit the number of students with disabilities admitted, make preadmission inquiries as to whether or not an applicant has a disability, use admission tests or criteria that inadequately measure the academic qualifications of qualified students with disabilities because required accommodations were not made, exclude a qualified student with a disability from any course of study, or establish rules and policies that may adversely affect qualified students with disabilities.

Modifications and accommodations for students with disabilities generally include, but ar

  • removal of architectural barriers
  • provision of services such as readers for students with blindness, visual impairments, or learning disabilities; scribes for students with orthopedic impairments; and note-takers for students with hearing impairments, learning disabilities, or orthopedic impairments
  • provision of modifications, substitutions, or waivers of courses in major fields of study or degree requirements on a case-by-case basis (such an accommodation need not be made if the institution can demonstrate that the changes requested would substantially alter essential elements of the course or program)
  • allowing extra time to complete exams
  • permitting exams to be individually proctored, read orally, dictated, or typed
  • use of alternative forms of tests for students to demonstrate course mastery
  • permitting the use of computer software programs or other assistive technological devices to assist in test taking and study skills

(Note: Federal law referred to in this handbook includes Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990.)