FEDERAL MANDATES AND OBLIGATIONS

WHAT IS SECTION 504/ADA?

No otherwise qualified student shall be excluded solely on the basis of disability from participation in, be denied the benefits of, or otherwise be subjected to discrimination under, any academic, research, occupational training, housing, counseling, financial aid, physical education, athletics, recreation, transportation, other extra-curricular, or other postsecondary education program or activity (from Section 504, Rehabilitation Act of 1973).

Section 504 of the Rehabilitation Act of 1973 established certain procedures and obligations for all higher education institutions that receive federal funds. The rules and regulations associated with this law are the guidelines by which the university is held accountable for non-discriminatory behavior towards individuals with disabilities. These rules and regulations went into effect in 1977 after several demonstrations by people with disabilities who took over federal buildings across the country. The protest was specifically over the publishing delay of these rules and regulations.

The ADA, or Americans with Disabilities Act, is the most recent federal legislation that reinforces the requirements that ensure the university does not discriminate, based on disability, against qualified individuals who have disabilities. It was signed into law in 1990. The non-discrimination obligations of the ADA are patterned after the Rehabilitation Act of 1973, Section 504. Both acts stress providing equally effective access to all university programs.

Students who meet the basic requirements (otherwise qualified) of a program or activity cannot be denied access to any program or activity offered or sponsored by the university solely on the basis of disability. Eligibility crieteria that screen out or tend to screen out individuals with disabilities are also not allowed UNLESS such criteria are necessary for successful participation in the program or activity.

The regulations of both acts also outline the types of auxiliary aids and/or reasonable accommodations the university is to make for qualified students with disabilities. These include, but are not limited to, the following:

moving classes/activities to accessible locations
providing alternatives to print material
allowing the tape recording of lectures
providing sign language or oral interpreters
changing the length of time for completion of assignments and other academic activities
providing adaptive computer equipment
adapting or modifying testing situations

However, accommodations are not meant to change the fundamental elements of a program or activity and they are not designed to guarantee a student's success.

As defined by Section 504 and the ADA, a person with a disability is someone who currently has, has a history or record of, or is considered to have, a physical or mental condition that significantly limits a major life activity. These activities include, but are not limited to: walking, seeing, hearing, learning, breathing, etc. While some disabilities are apparent, others may not be. Verification of the presence of a disability is supported by appropriate documentation when necessary.

Although the majority of students with disabilities have permanent conditions, students with temporary disabilities may be eligible for support services depending upon the availability of resources (not required by law, per se). Accommodating a student with a temporary disability can aid in the retention of the student since many temporary disabilities can disrupt a student's normal functional abilities for academic activities (e.g. taking notes or writing exams due to hand surgery).

An otherwise qualified person is anyone who meets the basic requirements of a program or activity. Students with disabilities at Colorado State University have all met the basic requirements for admission to the university. Eligibility for accommodations or auxiliary aids is determined by information supplied by the student including appropriate diagnostic documentation by qualified professionals.

WHAT IS MY RESPONSIBILITY?

As part of the teaching staff of the university, your responsibilities are encompassed in the university's obligations to federal mandates. In other words, you are expected to make reasonable accommodations for a qualified disabled student so that discrimination based upon the effects of the disability does not occur. Therefore, if you are preparing assignments, lectures, exams, etc. and a student requires an accommodation, you cooperation is a critical component in order for the student to participate fully to meet essential or fundamental requirements of the class.

However, you are not responsible for determining what is and is not a reasonable accommodation for a student. Resources for Disabled Students (RDS) is responsible for determining appropriate accommodations for students and is available to help you in providing a reasonable accommodation based on the requirements of your class or program and the needs of the student.

Nor are you solely responsible for the full provision of an accommodation. RDS coordinates most of the more common accommodations needed by students for the university, including the provision of interpreters or alternative format for print material. Please feel free to contact Kathleen Ivy, Counselor, or Rose Kreston, Director, for further information at 491-6385.

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Resources for Disabled Students
100 General Services
Colorado State University, Fort Collins, CO 80523 USA (970) 491-6385

	RESOURCES FOR DISABLED STUDENTS
RDS is part of the Division of Student Affairs	100 General Services, Fort Collins, CO 80523-8002 (970) 491-6385 (V/TDD), (970) 491-3457 (Fax)