Discrimination in post-secondary education (i.e., colleges, universities, and trade schools) is prohibited by federal laws: Section 504 of the Rehabilitation Act (Section 504) and the Americans with Disabilities Act (ADA). This handout provides general information about Section 504 and the ADA but is not intended to and does not replace an attorney's advice or assistance. Do not take any action based only upon this handout; always consult with an attorney first.

Section 504 and the ADA protect qualified persons with disabilities from discrimination in many areas of post-secondary education, including: (1) admission and recruitment, (2) academics, (3) housing, (4) research, (5) financial aid, (6) counseling, (7) physical education, (8) athletics, (9) transportation, and (10) employment assistance. While Section 504 and the ADA apply to all post-secondary educational programs that receive federal financial assistance, the ADA is different from Section 504 in the following ways: (1) the ADA applies to all post-secondary educational programs even if such programs do NOT receive federal financial assistance; and (2) the ADA may not apply to programs or employment opportunities offered by religious colleges, universities, or trade schools that require acceptance of its religious beliefs as a qualification of admission.

A person with a disability is:

1. A person with a physical or mental impairment that substantially limits one or more major life activities; OR
   
2. A person who has a record or history of such an impairment; OR
   
3. A person who is regarded as having such an impairment.

Physical or mental impairment is defined very broadly to include most physical, mental, or psychological disorders or conditions, anatomical losses, and disfigurements.

A qualified person with a disability is a person with a disability who meets the academic and technical standards required for admission to or participation in the educational program or activity. A person is not a qualified person with a disability if he requires significant alterations in the core educational program in order to participate effectively or achieve the purpose of the program.

Under Section 504 and the ADA, recovered alcoholics or drug abusers are persons with a disability. Persons currently abusing drugs or alcohol may be persons with disabilities under Section 504 but are not considered disabled under the ADA. Under both laws, a person may not be qualified for an educational program because of adverse behavior that sometimes accompanies alcoholism and drug addiction.

Generally, persons with contagious diseases who are otherwise qualified to participate in federally assisted programs and activities cannot be denied equal access to services.

Most colleges, universities, and adult basic education programs receive federal financial assistance, and so must follow Section 504. Some trade schools also receive federal financial assistance. Any of these educational programs or activities supported by federal financial assistance are prohibited by Section 504 from discriminating based on disability. Federal financial assistance is usually provided by grants, contracts, loans, or fellowships. To find out whether a particular educational program receives federal financial aid, you can call or write to:

Regional Director
U. S. Department of Education
Office of Civil Rights, Region VI
1999 Bryan Street, Suite 2600
Dallas, Texas 75201
(214) 880-2459 (voice) or (214) 880-2456 (TTY)

If the college, university, or adult basic education program does not receive federal financial assistance, it will still be prohibited by the ADA from discriminating based on disability unless it is a religious institution.

1. A change in an educational program (i.e., allowing a student with a severe hearing loss to substitute a required course such as music with another course even though music is a requirement for graduation), so long as it does not alter the program's fundamental nature;
   
2. Structural modifications (i.e., ramps, wide doorways, accessible bathrooms);
   
3. Providing modified equipment (i.e., braille keyboard on a word processor); and/or
   
4. Providing aides such as interpreters or readers.

Discrimination in admissions is prohibited. Admissions tests must be given in accessible locations and to all students. Reasonable accommodations are required in admissions testing. Admissions tests should accurately reflect a person's aptitudes or achievement levels rather than the effects of a disability. Quotas for persons with disabilities are prohibited.

Generally, pre-admission inquiries into disabling conditions are not allowed, especially if providing such information is mandatory. After admission, an institution may ask on a confidential basis about disabilities that may require accommodation.

Discrimination in courses is prohibited. Students may not be excluded from courses, majors, or technical programs because of disability. Modifications that do not fundamentally alter a program are required. Auxiliary education aids for persons with sensory, manual, speaking, or learning disabilities must be provided (i.e., course materials in braille, taped text books, sign language interpreter for a student with a hearing impairment). However, an institution is not required to provide auxiliary aids for personal use (e.g., a tape recorder for home study).

Educational facilities must be physically accessible for use by persons with disabilities. The ADA and Section 504 do not require that every building, facility, or area be barrier free, so long as the program overall is readily accessible to persons with disabilities. Students must be able to access their classrooms, laboratories, libraries, recreation areas, administration, etc.

A. Internal Grievance Procedures Under Section 504

Educational programs with at least 15 employees must have a grievance procedure to promptly resolve complaints of discrimination. A student complaining of discrimination should follow the educational program's own internal grievance procedures, if any, before filing a federal agency complaint.

B. Section 504 Complaint of Discrimination with the Federal Funding Agency

A written complaint can be made to the federal agency that provides money to the educational program. A complaint should be in letter form and should include the following:

1. Name, address, and telephone number of the person discriminated against;
   
2. Name, address, and telephone number of the educational program, including the names of the program's employees who are thought to have acted in a discriminatory manner;
   
3. A brief description of the discriminatory acts;
   
4. The dates of the discriminatory acts; and
   
5. A description of any efforts already made to remedy the problem, and the results of those efforts.

Copies of any relevant papers should be included with the complaint. Within 30 to 60 days, the federal agency will issue a letter confirming receipt of the complaint and the start of an investigation. When the investigation is completed, the person who filed the complaint is notified of the results.

A complaint should be mailed to the federal agency that funds the educational program. Usually, this is the U. S. Department of Education, whose address and phone number is:

Regional Director
U. S. Department of Education
Office of Civil Rights, Region VI
1999 Bryan Street, Suite 2600
Dallas, Texas 75201
(214) 880-2459 (voice) or (214) 880-2456 (TTY)

Call Advocacy, Inc. if you think the educational program is funded by another federal agency.

All letters of complaint must be received by the federal agency within 180 days of the date the discrimination occurred. Complaints not received within 180 days will, in most cases, be dismissed.

C. ADA Complaint of Discrimination

While it is advisable to use the internal grievance procedures set up by a post- secondary institution to resolve issues related to claims of discrimination, any individual who believes that he has been discriminated against may, without resorting to those internal procedures, request that the United States Department of Justice (DOJ) initiate an administrative investigation. A special unit within the DOJ will process individual complaints. The DOJ's address and phone number for requesting administrative enforcement assistance is:

U. S. Department of Justice
Main Justice Building
10th Street & Constitution Avenue, N.W.
Washington, D.C. 20530
(202) 314-0301

D. Filing a Lawsuit

Private individuals have the right to sue educational programs that violate Section 504 and the ADA. It is not necessary to file a complaint with the funding agency before filing a Section 504 lawsuit or with the DOJ before filing an ADA lawsuit. In addition, under the ADA, a person may request that the United States Attorney General file a lawsuit on behalf of the person claiming discrimination.

We strongly encourage you to seek the help of an attorney before filing a lawsuit. Under Section 504, a person who wins his case can, in most cases, have his attorney's fees paid by the service provider. The ADA, on the other hand, specifically requires that in ALL cases where a person wins a lawsuit, his attorney fees be paid.