STUDENT SECTION

THE AMERICANS with DISABILITIES ACT (ADA)

The American with Disabilities Act of l990 (ADA) is the civil rights guarantee for persons with disabilities in the United States.  It provides protection from discrimination for individuals on the basis of disability.  The ADA extends civil rights protection for people with disabilities to employment in the public and private sectors, transportation, public accommodation, services provided by state and local government and telecommunication relay services.

The ADA upholds and extends the standards for compliance set forth in Section 504 of the Rehabilitation Act of l973 to employment practices, communication, and all policies, procedures, and practices that impact the treatment of students with disabilities.  Employment issues for all institutions are covered under Title I of the ADA.  For all activities, public institutions are covered under Title II; private institutions are covered under Title III.

Section 504 of the Rehabilitation Act as amended

Section 504 of the Rehabilitation Act of l973 states that: “No otherwise qualified person with a disability in the United States shall, solely by reason of disability, be denied the benefits of, be excluded from participation in, or be subjected to discrimination under any program or activity receiving federal financial assistance.”

Colleges and universities receiving federal financial assistance must not discriminate in the recruitment, admission, or treatment of students.  Students with documented disabilities may request reasonable accommodations, or auxiliary aids, which will enable them to participate in and benefit from all post-secondary educational programs and activities.  Post-secondary institutions must make such changes to ensure the academic program is accessible to the greatest extent possible by all students with disabilities.

Under the provisions of Section 504, universities MAY NOT:

• Limit the number of qualified students with disabilities admitted.
• Make pre-admission inquiries as to whether or not an applicant is disabled, except as necessary to provide Affirmative Action for persons with disabilities.
• Use admission tests or criteria that inadequately measure the academic qualifications or likelihood of success of disabled students.
• Exclude a qualified student with a disability for financial assistance or otherwise discriminate in administering scholarships, fellowships, internships, or assistantships on the basis of disability.
• Use methods of evaluating students which fail to represent a disabled student’s actual achievement, or
• Establish and apply rules or policies that have the effect of limiting participation of students with disabilities.  (Adapted from the American Council on Education publication Section 504: The Law and Its Impact on Higher Education).

Eligibility for Services:

All students must meet the requirements for admission to South Dakota State University.  Immediately after being accepted for admission to SDSU the student should bring or send a copy of their documentation of disability by a licensed professional to the Office of Disability Services.  The coordinator of Disability Services will review documentation supplied by licensed professionals.  A student with a disability needs to meet qualifications set by the Office of Disability Services for accommodations or services.

Verification of Disability

The documentation of the disability by an appropriate licensed professional is required by the Office of Disability Services in order to provide reasonable accommodation at South Dakota State University.  Depending on the type of disability, licensed professionals include: physicians, chiropractors, licensed psychologists, psychiatrists, and licensedprofessional counselors (LPC).  If the disability has changed or fluctuates in intensity, then an update of the condition may be requested to determine necessary accommodations.  Contacting other educational institutions the student has attended and received accommodations from may be necessary.  In either case, the student will need to sign a release of information form.  Without documentation, the coordinator of Disability Services cannot request accommodations.

Coordination of Accommodations – The Process

1) The student with a documented disability meets with his or her advisor to determine his or   
     her next semester class schedule.
2) The student registers for classes.
3) The student meets with the Coordinator of the Office of Disability Services to
     help identify appropriate accommodations for each class.
4) The ODS generates letters outlining requested accommodations.
5) Letters are signed by the student and a representative of the ODS.
6) Letters are either delivered by the student to the instructors or mailed.
7) Student meets with his or her instructors to discuss accommodations.
8) If necessary, instructors contact the ODS to clarify or adjust accommodations.
9) The instructor signs the accommodation letter and returns a copy to the Office of
     Disability Services.

It is important that students follow the above steps in a timely manner. Some accommodations, such as books on tape, can take a number of weeks to put in place.

The Coordinator of Disability Services serves as a personal contact for any individual wishing to discuss university policies and procedures, as well as academic and personal concerns related to their disability.  The coordinator provides information, accommodation requests, referral,  upport, and advice.  If necessary, the coordinator is also available as a liaison in student-faculty negotiations.  It is to the student’s advantage, however, to initiate discussion with the instructor relative to his or her particular needs prior to involving the coordinator.