Non-Discrimination with Respect to Students

Americans with Disabilities Act of 1990 (ADA)
42 U.S.C. § 12,101 et seq.; 28 C.F.R. § 36.101 et seq.; 56 Fed. Reg. 35,544 (July 26, 1991)

Title III of the ADA prohibits discrimination on the basis of disability in access to places of public accommodation including colleges and universities and contains many of the same provisions as the Rehabilitation Act of 1973 (Section 504). Requires reasonable accommodations (e.g., a modification or adjustment to the status quo inherent in the program or activity) to allow a qualified person with a disability to participate fully in the programs and activities of the university. Participation must be in the most integrated setting possible. See 42 U.S.C. § 12,181. See also Disabled Students in Higher Education: Administrative and Judicial Enforcement of Disability Law, 22 J.C. & U.L. 989 (1996). See 36 C.F.R. § 1191.1 et seq., 56 Fed. Reg. 35,408 (July 26, 1991) for Accessibility Guidelines for Buildings and Facilities and 42 U.S.C. § 225 and § 611 for Title IV of the ADA which covers telecommunications. See also the Fair Housing Act Amendments of 1988, 42 U.S.C. § 3601 et seq., which prohibits discrimination in housing on basis of disability. See also Americans with Disabilities Act for a summary description of Title I of the ADA, which mandates non-discrimination on the basis of disability in employment.

Source CUA