UTPA Handbook of Operating Procedures
HOP policy 2.2.3 is the policy concerning accommodations for individuals with disabilities. Policy 2.2.3 states that “UTPA is committed to providing services, equipment, and accommodations to individuals with documented disabilities in order to provide them with equal opportunities to participate in programs, services, and activities in compliance with Sections 503 and 504 of the Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act (ADA) of 1990 and the Americans with Disabilities Act Amendments Act (ADAAA) of 2008.” For more information, students may access this policy at http://www.utpa.edu/hop/policies/?2.2.3.
Section 504 Of The Rehabilitation Act Of 1973, As Amended:
“No otherwise qualified person with a disability in the United States shall, solely by reason of a disability, be excluded from the participation in, be denied the benefits of or be subjected to discrimination under any program or activity receiving federal assistance.”
Americans with Disabilities Act of 1990 and the Americans with Disabilities Act Amendments Act of 2010 (ADA and ADAAA):
The Americans with Disabilities Act of 1990 is a civil rights law that extends the anti-discrimination legislation of Section 504 of the Rehabilitation Act to all institutions of higher education whether or not they receive federal financial assistance. Title II of the ADA prohibits state and local governments from discriminating on the basis of disability. The purpose of this act is to provide a clear and comprehensive mandate for the elimination of discrimination against individuals with disabilities. It provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, state and local governments, public accommodations, and telecommunications. The Department of Education Office for Civil Rights enforces Title II in public colleges, universities, and graduate and professional schools.
According to the ADA, a disability is something that interferes with the daily function of life. This can include physical, cognitive, mental illness, hearing and vision as well as learning disabilities.
A person with a disability is a person who:
- Has a physical or mental impairment, which substantially limits one or more major life activities;
- Is regarded as having such impairment.
34 CFR §104.3(j)
A qualified person with a disability is defined as a person who meets the academic and technical standards requisite to admission or participation in the post-secondary institution’s programs and activities.
34 CFR §104.3(k)(3)
Office for Civil Rights (OCR)
The Office for Civil Rights (OCR) enforces several Federal civil laws that prohibit discrimination in programs or activities that receive Federal financial assistance from the Department of Education. These laws prohibit discrimination on the basis of sex, race, ethnicity, nationality, or disability in universities, vocational schools, state rehabilitation agencies, libraries and museums that receive U.S. Department of Education funds. The OCR also has responsibilities under Title II of the Americans with Disabilities Act of 1990 (prohibiting disability discrimination by public entities, whether or not they receive Federal financial assistance.)
For more information on Section 504 and the ADA, please visit the Office of Civil Rights at www.ed.gov/policy/rights/guid/ocr/disability.html and the Department of Justice at www.usdoj.gov/crt/ada/adahom1.htm.
Family Educational Right to Privacy Act (FERPA)
This law recognizes students as adults once they enter the college setting, regardless of age. As adults, information pertaining to their records can not be shared with others unless the student signs a release form or the parent demonstrates that the student is listed as a dependent on their income tax. For more information, please visit the UTPA Handbook of Operating Procedures, section 5.2.3