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Definition of Disability

• Definition of Disability
• Section 504 of the Rehabilitation Act of 1973
• Americans with Disabilities Act of 1990 (ADA)
• Accommodation Committee on Disability Issues
• Confidentially and Release of Information

Definition of Disability

Section 504 of the 1973 Rehabilitation Act defines a "person with a disability" as someone with a physical or mental impairment that substantially limits one or more major life activities. An individual is considered to be a person with a disability if he or she has the disability, has a record of the disability, or is regarded as having the disability.

Some examples of disabling conditions may include, but are not limited to:

Reasonable accommodations: A modification or adjustment to an activity to allow participation by a person who has a disability.

Record of an impairment: the individual has history of an impairment or has a record of having been misclassified as having an impairment.

Regarded as impaired: The individual has an impairment not limiting a major life activity, but is treated as an individual with a disability by the covered entity, or not impairment, but treated as an individual with a disability by the covered entity.

Measure (such as a hearing aid for someone with a hearing loss that brings hearing acuity within normal limits) is said to be considered when determining if the disability substantially limits the individual.

The definition of a "person with a disability" under the ADA is almost identical to that of a "person with a handicap" under Section 504. The one place that the definition is slightly different, regards the status of persons who illegally use drugs.

Section 504 of the Rehabilitation Act of 1973

Section 504 of the Rehabilitation Act of 1973 states that:

The Americans with Disabilities Act of 1990 (ADA) and not Section 504 of the Rehabilitation Act of 1973 requires public educational institutions with 50 or more employees to inform the public about the ADA and how the laws affect the institutions services and programs. Schools can comply with this requirement by preparing handbooks or manuals, posters, pamphlets or information for broadcast. In disseminating the information, educators must comply with the ADA requirement that communications be offered in alternative formats such as large print or audiotapes.

"No otherwise qualified individual with a disability in the United States ... shall, solely by reason of ... 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".

It prohibits discrimination on the basis of a disability by any organization that receives federal funds. Grants recipients must provide access and opportunities to qualified individuals with disabilities who wish to participate in their services, activities, or programs.

Provisions of Section 504

Students with documented disabilities may request modifications, accommodations or auxiliary aids which will enable them to participate in and benefit from all post-secondary educational programs and activities. Under the provisions of Section 504, Pitt Community College may not:

1. Limit the number of students with disabilities admitted:

2. Make pre-admission inquiries as to whether or not an applicant has disability:

3. Use admissions tests or criteria that inadequately measures the academic qualifications of students with disabilities because special provisions were not made for them;

4. Exclude a qualified student with a disability from any course of study.

5. Limit eligibility to a student with a disability for financial assistance or otherwise discriminate in administering scholarships, fellowships, internships or assistantships on the basis of his/her disability;

6. Counsel a student with a disability toward a more restrictive career;

7. Measure student achievement using modes that adversely discriminate against a student with a disability; or

8. Establish rules and policies that may adversely affect students with disabilities.

Americans with Disabilities Act of 1990 (ADA)

The Americans with Disabilities Act of 1990, much of which took effect on January 26, 1992, is both the most recent and the most comprehensive law barring discrimination against individuals with disabilities. It extends many of the requirements of the Rehabilitation Act of 1973 to the private sector. It specifies requirements for services for individuals with disabilities in terms of employment practices, programs, building accessibility, transportation, and telecommunications. ADA will enable Pitt Community College to better address the realistic needs of students with disabilities as it applies to the workplace.

ADA and not Section 504 protects two additional types of people from discrimination

1. Individuals who do not have disabilities, but who associate or live with someone with a disability. For example, a student who volunteered at an AIDS hospice could not be discriminated against based on her volunteer work.

2. Individuals who may not have disabilities, but who are involved in an ADA complaint. An example is a teachers union representative who helps an employee with a disability file an ADA compliant.

Accommodation Committee on Disability Issues

If a faculty member disagrees with a recommended accommodation for a given student and is unable to resolve the disagreement informally, he or she may file an appeal with the Accommodation Committee on Disability Issues. The committee is comprised of faculty, staff, outside agency counselors and administrators. The committee will review the individual circumstances and objections and issue a final decision. Accommodations for the student will be made consistent with Disability Services' recommendations while the appeal is pending.

To file an appeal with the Accommodation Committee on Disability Issues, please contact the Disability Services Director at 493-7294.

Confidentially and Release of Information

Disability Services is committed to ensuring that all information regarding a student is confidential as required or permitted by law. Any information collected is used for the benefit of the student. This information may include test data, grades, biographical history, disability information, performance reviews, and case notes.

1. A policy of the treatment of such information has been adopted by Disability Services and is rigorously followed and shared with students. These guidelines incorporate relevant state and federal regulations, as well as the college policies.

2. No one has immediate access to student files except Disability Services staff. Any information regarding a disability gained from medical examinations or appropriate admissions inquiry shall be considered confidential and shall be shared with others within the college on a need-to know basis. The decision is left to the discretion of the college designated personnel who handle disability related matters. Disability-related information is to be treated as medical information is treated. For example, college faculty and staff do not have a right or a need to access diagnostic or other information regarding a student's disability; they only need to know what accommodations are necessary or appropriate to meet the student's disability-related needs. If a student has requested an accommodation, the student will be informed as to what information is being provided to the faculty or staff regarding the request. To protect confidentiality by assuring limited access, all disability-related information must be filed with Disability Services.

3. A student may be given written authorization for the release of information when she or he wishes to share it with others. Before authorization, the student should understand the information being released, the purpose of the release, and to whom he information is being released. Information will not released without consent unless it is required by federal or state law.

4. Disability Services will retain a copy of all information provided. If a student wishes to have a record destroyed, he or she must submit a written request to Disability Services, who will decide whether it is necessary for the office to retain the record.