法律信息:第504节和美国残疾人法

在高等教育阶段, determining eligibility for services follows a different process from the K-12 process. K-12年级的残疾学生可能会受到IDEA的保护, 但是IDEA并不适用于高等教育水平. 而不是, qualified students with disabilities may be eligible for protections under 证券交易委员会tion 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 (ADA). " 504条款"法案规定了合理的安排, 包括学业调整, be provided to all persons with disabilities who participate in federally funded programs. 《全球十大网赌正规平台》(ADA, P.L. (101-336)将保护范围扩大到所有残疾人. The ADA requires organizations to make reasonable accommodations for individuals who have known physical or mental disabilities and who are “otherwise qualified.”

值得注意的是，IDEA是一项教育权利法案, while 证券交易委员会tion 504 and the ADA are civil rights laws that are designed to prohibit discrimination on the basis of disability. The postsecondary standard for eligibility requires that the disability is current and substantially limits a major life activity (e.g.(行走、听觉、视觉、学习). Not every impairment qualifies as a disability that is protected under the ADA because not every impairment is substantially limiting to a major life activity. E的法院.E.O.C. v. 哈维L. 沃尔恩 & 协会，91 F.3d 963, 996(第7卷. 1996), described the proper disability determination as follows: The Americans with Disabilities Act defines a person with a disability as a person who has a physical or mental impairment that substantially limits one or more major life activities. Major life activities are those functions that are important to most people’s daily lives. 主要生命活动的例子是呼吸, 走, 会说话的, 听力, 看到, 睡觉, 关心自己的:关心自己的, 执行手动任务, 和工作. Major life activities also include major bodily functions such as immune system functions, 正常细胞生长, 消化, 肠, 膀胱, 神经系统, 大脑, 呼吸, 循环, 内分泌, 生殖功能. 这包括有残疾记录的人, 即使他们目前没有残疾. It also includes individuals who do not have a disability, but are regarded as having a disability. The ADA also makes it unlawful to discriminate against a person based on that person’s association with a person with a disability. The existence of impairment or the diagnosis of a medical condition in itself does not necessarily constitute a disability. 是否存在对主要生命活动的实质性限制, 取决于对(1)损害的性质和严重程度的分析, (二)减值的持续时间, (3)减值的永久性或长期影响. 29 C.F.R. 证券交易委员会. 1630.2(j)(海沃德，1998年，第2页). 3:5-3:6). 因此, 而学生可能有残疾, that does not necessarily mean that he or she will require accommodations in order to access his or her education. Providing evidence of the extent to which the disability causes a substantial limitation may be more critical than a statement of the disability.

2008年美国残疾人法案修正案

Effective January 1, 2009, the ADA and the Rehabilitation Act will be amended in considerable ways.

The following points summarize the significant changes relevant to understanding these guidelines:

• Postsecondary institutions may not consider the effects of mitigating measures such as medication, devices (except contact lenses and glasses) and “learned behavioral or adaptive 神经系统 modifications” in determining whether a condition substantially limits a major life activity. 然而,, consideration of the effects of mitigating measures is not barred when assessing the need for and type of accommodation.
• “实质性限制”一词仍然存在, but the phrase may not be interpreted to require a “severe” or “significant” restriction of a major life activity.
• Short term conditions that are expected to last six months or less do not qualify as disabilities.
  Conditions that are episodic in nature qualify as disabilities if they substantially limit a major life activity in their active state.
• 处于缓解期的疾病仍属于残疾, 如果其活动状态下的潜在状况符合残疾的条件.

The following guidelines are provided in the interest of assuring that documentation of a specific disability is appropriate to verify eligibility and to support requests for accommodations, 学业调整和/或辅助帮助:
这对正在寻求大学教育的人的影响如下:

• 招生: 残疾学生入学人数不设限额.
  No tests or other measures may be required for admission that have a disproportionate adverse impact on individuals unless they have been validated as a predictor of academic success in the education program or activity in question.
• 治疗: Students with disabilities must be afforded equal opportunity to participate in and benefit from all post-secondary education programs, 包括非完全由参与者运作的教育项目和活动.
• 节目和活动 involving disabled students must be provided in the most integrated setting possible.
• 学术的调整: Modifications to academic requirements must be made to ensure that they do not discriminate against disabled students. 这并不意味着一个给定程序的基本标准必须改变.

Rules may not be imposed that limit a disabled student’s ability to complete a course of study.

学校必须确保残疾学生不会被剥夺, 被排除在, or otherwise discriminated against with regard to educational program or activity due to the absence of auxiliary aids. 虽然可能会有辅助设备, the College does not necessarily provide other devices or services of a personal nature.

财政及就业援助: Financial aid or work-study employment must be offered in a non­discriminatory manner.

非学术服务: Disabled students must have an equal opportunity to participate in all physical education and athletic activities if otherwise qualified to do so.

咨询服务 including academic, personal, and career, must be provided in a non-discriminatory manner. Counselors may not direct qualified disabled students towards more-restrictive careers than they would qualified non-disabled students with similar interests and abilities.

学院必须提供无障碍，可比和方便 住房.

获得重要援助的组织 必须以非歧视的方式遴选委员.