The Americans with Disabilities Act (ADA) of 1990 and the Rehabilitation Act of 1973-Section 504 are the two primary civil rights laws that promote equal access for people who have applicable disabilities and stop discrimination against these individuals. Ongoing interpretation regarding these laws occurs, and judicial opinions continue to shape how services for disabled students are carried out in colleges throughout the United States. The United States Department of Justice is the agency with primary authority to enforce and interpret these laws.

Title II of the ADA states in Part 5 “that no otherwise qualified individual shall solely by reason of such disability, be excluded from participation in, be denied benefits of, or be subjected to discrimination in programs or activities sponsored by a public entity.”

Per the Amendment to the ADA of 2008, a disability is defined as being substantiated when a person has any one of the following:

• A physical or mental impairment that substantially limits a major life activity
• A record of a physical or mental impairment that substantially limited a major life activity
• When an entity takes an action prohibited by the ADA based on an actual or perceived impairment or when a person is regarded as having an impairment.

The ADA requires that a person with one of the following impairments must self-identify and request accommodations. The following terms are identified by Section 504:

• A physical impairment - may include any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting the following body systems: neurological. musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genito-urinary, hemic and lymphatic, skin and endocrine.
   
• Mental impairment - may include any mental or psychological disorder, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

The Rehabilitation Act of 1973 (as amended through 1998) Section 504a states the following:

“No otherwise qualified individual with a disability in the United States, as defined in Section 7(20) shall, solely by reason of his disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”

Chattanooga State Community College, like other higher educational entities that receive Federal financial assistance, must assure that educational programs, activities, and services are accessible for people with disabilities. Reasonable accommodations must be made in all educational programs for students who need those per ADA requirements. These academic adjustments provide equal opportunity for students with disabilities.

More information about laws regarding accommodations:

• Section 504.104.12- An accommodation must be reasonable, must not impose undue hardship on the operation of the program, must include readily accessible facilities, and must provide readers and interpreters when needed.
• Section 504.104.43 and 44 - These categories are explained further to include the provision of equal opportunity and the adaptation of manner in which the class is taught.