Educational Resources

Legal Issues

This article provides higher education personnel with a greater understanding of how the Americans with Disabilities Act of 1990 may affect universities and suggests ways that occupational therapists can assist in complying with the ADA.

Seventy teachers or teachers-in-training were surveyed on knowledge of Section 504 of the Rehabilitation Act of 1973 and willingness to attend workshops on this act. Results indicated that a majority thought that PL 94-142 was the broadest legislation regarding children with learning and/or behavior problems. Few felt they would attend a workshop, even if given at a convenient time and place.

This publication is intended to help post-secondary institutions understand and implement the requirements of the ADA. It explains each part of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 and their impact on post-secondary education. It also contains a self-evaluation form used by the University of Michigan to help schools determine whether they are complying with the regulations.

This manuscript focuses on the Section 504 regulations enforced by the Office for Civil Rights of the U.S. Department of Education. Review of Subparts A and E is followed by a discussion of some of the precedent-setting case law on record since the issuance of the regulations. The discussion asks and answers some of the more commonly asked questions regarding implementation of Section 504 in post-secondary education and includes a brief glossary of terms.

In this article, Kincaid defines those students who are protected by Section 504 and the ADA, discusses the ramifications of disclosure and accommodations in post-secondary settings, and examines issues of student conduct and harassment. Kincaid concludes that Section 504 and the ADA can effectively ensure that students with psychiatric disabilities are admitted to, and receive effective accommodations from institutions of higher education.

This article presents a system for preventing problems among disabled students doing fieldwork. This system recommends, for example, that coordinators discuss ADA requirements for fieldwork, identify students with disabilities who may need accommodations, and encourage students to discuss their accommodations needs.

Pavela, G. (1985) The dismissal of students with mental disorders. Ashville, NC: College of Administration Publications, Inc.

Roberts, R. & Mather, N. (1995) Legal Protections for Individuals with Learning Disabilities: The IDEA, Section 504, and the ADA. Learning Disabilities Research and Practice, 10(3), 160-168.

Evaluates the legal rights and protection of children with learning disabilities, and reviews the qualification requirements, interpretations, differences existing in the three laws, and decisions from several pertinent court cases. Differences in these laws exist in areas like compliance and eligibility; definition of a disability; evaluations and grievance procedures. School personnel, parents of children with learning disabilities, and individuals with learning disabilities need to be aware of these laws in order to receive appropriate services.

Recent passage of the Americans with Disabilities Act (ADA) has rekindled debates on the responsibilities of post-secondary institutions to serve students with disabilities. This book provides a comprehensive guide to an institutional response to the ADA. It gives practical advice for responding to students and professionals with disabilities, and examines in detail such topics as learning disabilities, HIV/AIDS, and technology.

 

Note: The information contained in these pages is for educational purposes only, and is not legal advice. Individuals should contact the appropriate legal resources for specific legal advice regarding their particular situations.