ADA Information

http://aa.colstate.edu/faculty/FacHandbook0203/sec100.htm

Americans with Disabilities Act
(09/04)
The "Americans with Disabilities Act of 1990" (ADA) is a comprehensive mandate for elimination of discrimination against individuals with disabilities. It guarantees equal opportunity for individuals with disabilities in employment, public accommodations, transportation, state and local government services, and telecommunications.

The Act is divided into five titles: Title I affects private sector employment; Title II covers state and local governments, both as employers and service providers; Title III, which governs private sector public accommodations and transportation services, affects colleges who lease space to private entities such as on-campus restaurants or bookstores, or which own off-campus property used for public purposes; Title IV requires common carriers of communication services to provide certain telecommunication services to hearing and speech impaired individuals; Title V contains miscellaneous provisions, including a prohibition against retaliation, and authority for the courts to award attorney's fees.

The ADA is patterned after Section 504 of the Rehabilitation Act of 1973. For all sections of the Act the term "disability" is comparable to that of "handicapped individual" in the Rehabilitation Act. A person with a disability is an individual with (l) a physical impairment that substantially limits one or more life activities; (2) a record of having such an impairment; or (3) regarded as having such an impairment. The Act also prohibits discrimination against an individual based on his or her association with an individual with a disability. Specifically excluded from the ADA's protection are persons with certain sexual behavior disorders, and persons with substance use disorders resulting from current illegal use of drugs.

In the area of employment, the ADA prohibits discrimination against a "qualified individual with a disability" in regard to job application procedures, the hiring, advancement, or discharge of employees, compensation, or other terms, conditions, or privileges of employment. "Qualified individual with a disability" means an individual who, with or without reasonable accommodation can perform the essential functions of the position that such individual holds or desires. Employers must make "reasonable accommodations" for persons with disabilities unless to do so would constitute "undue hardship" on the covered entity.

State and local government facilities, services, and communications must be made accessible to persons with disabilities in a manner consistent with the requirements of Section 504 of the Rehabilitation Act of 1973. With respect to public accommodations, physical barriers in existing facilities must be removed, if removal is "readily achievable." Individuals who feel they have been discriminated against may file complaints with the Attorney General or bring private lawsuits against the offending entity.

ADA COMPLIANCE STATEMENT

If the student has a documented disability as described by the Rehabilitation Act of 1973 (PL 933-112 Section 504) and Americans with Disabilities Act (ADA) that may require him or her to need assistance attaining accessibility to instructional content to meet course requirements, we recommend that the instructor advise the student to contact the Office of Disability Services in the Academic Support Center in Tucker Hall or at (706) 568-2330, as soon as possible. It is then the student's responsibility to contact and meet with the instructor. The Office of Disability Services can assist both the student and the instructor in formulating a reasonable accommodations plan and provide support in developing appropriate accommodations for the student's disability. Course requirements will not be waived but accommodations may be made to assist the student in meeting the requirements. Technical support may also be available to meet the student's specific need.

If a student requests course information in an alternative form, he or she should immediately be directed to the Coordinator of Disability Services in the Academic Support Center. The coordinator will attempt to address the special needs of the student. The faculty must include all information as required by ADA in their syllabi.