Disability Laws

Three federal laws apply to college students with disabilities - the Americans with Disabilities Act Amendments Act of 2008 (ADAAA), the Americans with Disabilities Act of 1990 (ADA), and Section 504 of the Rehabilitation Act of 1973.  All stress providing equally effective access to university programs. 

The ADA Amendments Act (ADAAA)

The definition of "disability" remains the same as under the ADA. The ADAAA provides that the ameliorative effects of mitigating measures should not be considered in determining whether an individual has an impairment that substantially limits a major life activity. (An exception is made for "ordinary eyeglasses or contact lenses" which may be taken into account.) Major life activities include:

- Caring for oneself

- Performing manual tasks

- Seeing

- Hearing

- Eating

- Sleeping

- Walking

- Standing

- Lifting

- Bending

- Speaking

- Breathing

- Learning

- Reading

- Concentrating

- Thinking

- Communicating

- Working

- The operation of major bodily functions, including functions of the immune system, digestion, brain, respiratory, circulatory, endocrine, and reproductive functions.

An impairment that substantially limits a major life activity need not limit other major life activities to be considered a disability. An impairment that is episodic or in remission is considered a disability if in its active state it substantially limits a major life activity. Covered entities under the ADAAA have no duty to provide a reasonable accommodation or modification to individuals who are simply "regarded as" having an impairment.

To address the concerns of higher education institutions, S. 3406 explicitly states that "nothing in this Act alters the [Title III fundamental alteration provision] specifying that reasonable modifications in policies, practices, or procedures shall be required, unless an entity can demonstrate that making such modifications in policies, practices, or procedures, including academic requirements in postsecondary education, would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations involved." This provision thus restates current law in order to clarify that the changes in the definition of disability do not change the "fundamental alteration" provision of the ADA.

The Americans with Disabilities Act

The Americans with Disabilities Act was signed into law on July 26, 1990.  The purpose of the act is to:

The Americans with Disabilities Act gives people with disabilities civil right protection like that provided to individuals on the basis of race, sex, national origin, and religion. It guarantees equal opportunities for individuals with disabilities in employment, public accommodations, transportation, local and state services, and telecommunications.

The ADA, or Americans with Disabilities Act, is federal legislation that reinforces the requirements that ensure the University does not discriminate, based on disability, against qualified individuals who have disabilities (as outlined in Section 504 regulations). In other words, students who meet the basic requirements of a program or activity (qualified) cannot be denied access to any program or activity offered or sponsored by the University solely on the basis of disability. Eligibility criteria that screen out or tend to screen out individuals with disabilities are also not allowed UNLESS such criteria are necessary for successful participation in the program or activity. The nondiscrimination obligations of the ADA are patterned after the Rehabilitation Act of 1973, Section 504.

Section 504 of Rehabilitation Act of 1973

Section 504 states that " No qualified student shall be excluded solely on the basis of disability from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any academic, research, occupational training, housing, counseling, financial aid, physical education, athletics, recreation, transportation, other extra-curricular, or other postsecondary education program or activity."

A qualified person with a disability is defined as one "who meets the academic and technical standards required to admission or participation in the educational program or activity." Students with a disability at the Colorado School of Mines all met the basic requirements for admission to the university. Eligibility for accommodations is determined by documentation submitted by the student, including appropriate diagnostic information by qualified professionals.

While some disabilities are apparent, others are not. Disabilities that may not be noticeable through casual observation include learning disabilities, chronic illnesses, hearing or visual impairments, and psychological disorders. Verification of the presence of a disability, whether or not apparent, must be supported by appropriate documentation.

Under the provisions of Section 504, the University may not discriminate in the recruitment, admission, or educational process or treatment of students. Students who have self identified - provided documentation of a disability and requested reasonable accommodation - are entitled to receive approved, appropriate academic accommodations that enable them to participate and benefit in all educational programs and activities. Again, accommodations are not meant to change the fundamental elements of a program or activity, and they are not designed to guarantee a student's success.  

Under these laws the University may not:

Temporary Conditions