Students huddled talking on campus

Instructor Reference Guide

Americans with Disabilities Act and Section 504 Guidelines

The purpose of the Americans with Disabilities Act of 1990 states that no qualified student shall, on the basis of disability be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity which the university (or any other public facility) sponsors or operates. Benefits and services to individuals with disabilities must be in the most integrated setting appropriate to the person’s needs and be equally as effective or equivalent to those provided by others. Colleges and universities receiving federal financial assistance must not discriminate in the recruitment, admission, or treatment of students. Students with documented disabilities (documentation is confidentially filed with the Department of Testing & Disability Services) may request modifications, accommodations, or auxiliary aids which will enable them to participate in and benefit from all postsecondary educational programs and activities. Under the provisions of the ADA, as well as Section 504 of the Rehabilitation Act of 1973, universities and colleges may not:

  1. Limit the number of students with disabilities admitted.
  2. Make pre-admission inquiries as to whether or not an applicant is disabled.
  3. Use admissions tests or criteria that inadequately measure the academic qualifications of disabled students because special provisions were not made for them.
  4. Exclude a qualified student with a disability from any course of study.
  5. Limit eligibility to a student with a disability for financial assistance or otherwise discriminate in administering scholarships, fellowships, internships, or assistantships on the basis of disability.
  6. Counsel a student with a disability toward a more restrictive career.
  7. Measure student achievement using modes that adversely discriminate against a student with a disability.
  8. Establish rules and policies that may adversely affect students with disabilities.

While this reference guide provides a series of suggested steps instructors may wish to implement in order to facilitate learning for students with disabilities, perhaps the most important advice would be for instructors to encourage students with disabilities to discuss their needs during the initial days of classes. An instructor’s request to confer with these particular students should be included on the syllabus provided at the first class meeting. A suggested statement for the syllabus is “Students needing testing accommodations or classroom accommodations based on a disability are encouraged to discuss the need with me as soon as possible.”