Title II of the Americans with Disabilities Act (ADA) protects people with disabilities from discrimination by state funded schools such as state universities, community colleges and vocational schools. If you feel that a state funded school has discriminated against you because of your disability you may have a claim under Title II of the ADA.

Section 504 of the Rehabilitation Act of 1973 also protects college students with disabilities. Under this law any school that receives federal funds may not discriminate on the basis of a disability. Most (but not all) post-secondary schools receive federal funding in the form of federal grants to pay student tuition.

The ADA and Section 504 provide post-secondary school students with many important rights. Some of those rights are:

Post-secondary schools must not discriminate against qualified individuals with disabilities in their admissions process. Applicants may not be required to disclose information about their disability prior to admission. Tests must be designed to measure the applicant’s aptitude rather than the effects of the disability. Applicants with disabilities have the right to have reasonable accommodations in the testing process.

Post-secondary institutions must make reasonable accommodations for students with disabilities unless doing so would result in a fundamental alteration of the program or would result in undue financial or administrative burden. One type of reasonable accommodation is auxiliary aides or services. The school has the right to require documentation of both the student’s disability and need for an auxiliary aide. The student is responsible for paying for any evaluations needed to provide appropriate documentation.

Examples of auxiliary aides that might be appropriate:

• Qualified interpreters
• Assistive listening systems
• Audio Recordings
• Braille materials
• Computer programs

Another type of reasonable accommodation is a modification of a school policy or procedure. Schools are required to do this when necessary to prevent discrimination against a student with a disability. Modifications will always vary based on the student’s individual needs. Some examples of possible modifications are as follows:

• Rescheduling classes to an accessible location
• Early enrollment options to allow time to arrange accommodations
• Substitution of specific courses required for completion of degree requirements
• Allowing service animals in the classroom
• Providing written outlines or summaries of class lectures

If you are being discriminated against by a state supported post-secondary school or any post-secondary school that receives federal funds, you may want to file an internal complaint with your school’s 504/ADA coordinator. Or you may file a complaint with the Office for Civil Rights of the U.S. Department of Education (OCR). A copy of the OCR complaint form has been attached. If you decide to file a complaint, complete all information and send it to the address below:

Complaint Intake Department, Office for Civil Rights

U.S. Department of Education

61 Forsyth Street S.W., Suite 19T70

Atlanta, GA 30303-3104

Telephone: 404-562-6350; Fax: 404-562-6455; TTY: 404-331-7236

Email: OCR_Atlanta@ed.gov

Please note: P&A does not represent people with disabilities in postsecondary education cases. If you feel that you have been discriminated against by a postsecondary educational institution, please contact the Office for Civil Rights at the above address. You may also wish to contact a private attorney. If you do not know of one you may contact the Lawyer Referral Service at 1-800-868-2284.

 If you need additional information

about this process, contact:

490 Tenth Street

Atlanta, GA 30318

1-800-949-4232(v/tty)

404-385-0641 (fax)

OR

(funded by the department of Justice)

1-800-466-4232(voice/tty)

1-800-514-0383(tty)