Berkeley College follows all the regulations put forth in the disability legislation of Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, and the Americans with Disabilities Amendments Act of 2008. The pertinent details of each legislation are as follows:
Section 504 of the Rehabilitation Act of 1973 states:
“No otherwise qualified person with a [disability] in the United States shall, solely by reason of a [disability], be excluded from the participation in, be denied the benefits of or be subjected to discrimination under any program or activity receiving federal financial assistance.”
According to this legislation, a person with a disability is an individual with a physical or mental impairment that substantially limits one or more major life activities. A person is considered to have a disability if he or she (1) has a disability, (2) has a history of a disability, or (3) if the person with the disability is perceived by others as having a disability.
According to Section 504, a qualified person with a disability for entrance into an academic program, at a college or university, is classified as an individual who meets the requisite academic and technical standards required for admission into the specific program. This too includes participation in the college or university’s programs and activities. Based on the mandates of Section 504, Berkeley College may not:
- Limit the admission rate of otherwise qualified students with disabilities to the College.
- Make pre-admission inquiries regarding whether an applicant has a disability.
- Exclude a qualified student with a disability from any course of study at the College.
- Provide less financial aid to students with disabilities than is provided to students without disabilities.
- Assess student achievement using methods and procedures that adversely discriminate against a student with a disability.
- Implement regulations, rules, and policies that result in limiting participation of students with disabilities in educational programs or activities available at the College.
The Americans with Disabilities Act (ADA) of 1990:
This legislation is civil rights legislation for persons with disabilities. It includes the anti-discrimination legislation of Section 504 to include all colleges and universities whether or not they receive federal financial assistance. The purpose of this legislation is to provide a clear and comprehensive mandate for the elimination of discrimination against persons with disabilities. The act included protection for persons with disabilities pertaining to employment, state and local governments, public accommodations and telecommunications.
The Americans with Disabilities Act (ADA) Amendments Act of 2008:
This law was created to clarify the intent of the ADA. Specifically, this law expands the definition of major life activities. This means that when in the process of determining eligibility for accommodations, you should not consider mitigating measures (i.e., medication, prosthetics, assistive technology, etc.) as a factor when determining eligibility for accommodations for school and/or work purposes.