Overview

On this page, you'll review some of the federal and local policies that ensure and promote accessibility. It's good to be familiar with the legal requirements of accessibility so that you understand your rights and responsibilities.

Note: The laws listed below are not a complete list, but include those that most influence higher ed.

Core Concepts

Section 504 of the Rehabilitation Act of 1973 was one of the first pieces of civil rights legislation for people with disabilities. Section 504 prohibits discrimination of people with disabilities by federal agencies and any program receiving federal funding.

Section 504 not only protects people with disabilities from discrimination, but it also requires that they be provided with the necessary accommodations in order to participate in programs/the workplace.

The intent of Section 504 was to ensure people with disabilities have access to employment (and therefore education). Integration of people with disabilities into mainstream society was also a central idea, with separate settings or programs deemed inappropriate unless necessary to ensure equitable benefits.

It's Section 504 that requires our colleges to ensure that people employed at the institution and attending the institution are given the accommodations necessary to succeed in their roles.

The ADA (Americans with Disabilities Act) was passed in 1990 and built upon the Rehabilitation Act of 1973 by expanding its protections beyond just agencies and programs receiving federal funding.

Title I of the ADA prohibits employers with 15 or more employees from discriminating against people with disabilities. This applies not only to employment but also recruitment, training, hiring processes, etc.

In the case of an employee needing a disability accommodation, it is the responsibility of the employer to provide an applicant or employee with the necessary accommodation to perform the essential functions of the job. These accommodations often include modifying documents, providing assistive technology (hardware or software), physical adjustments, etc.

Title II of the ADA expanded the reach of the Rehabilitation Act of 1973 to state and local governments. Combined with Section 504, this ensures non-discrimination in all government agencies.

Title II of the Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities and applies to all public colleges and universities, regardless of whether they receive federal funding.

What Section 504 and the ADA Mean for Serving Students:

These laws require that

People with disabilities cannot be denied services due to their disability.
- E.g. You cannot tell a student that they can't enroll in a particular program or take a class because of their disability.
Students with disabilities must be given appropriate accommodations (assistive technology, extended time, captions, etc.) to ensure they can meet the same objectives as students without disabilities.
- E.g. You cannot refuse to give extended time on a test or provide documents in an alternative format to a student who has an accommodation request that outlines those needs.
People with disabilities should have access to material of the same quality and within the same time frame as people without disabilities.
- E.g. If you record your lecture and make it available to the class on a Friday in order to study for an exam on Monday, that video must be captioned and made available within the same time frame for a deaf student - otherwise they do not have the same access to the study materials as other students, which puts them at a disadvantage. Put simply: students with disabilities should not have to wait for accessible materials as it can hold back their progress in class.
Students with disabilities should be able to access material as easily as a student without a disability.
- E.g. A blind student should be able to independently access a website without the assistance of a sighted person.

For a great summary and more detailed discussion of how these laws impact higher edu, review “Legal Obligations for Accessibility” by UDL on Campus.

Section 508 of the Rehabilitation Act of 1973 specifically addresses accessibility of electronic and information technology for federal agencies.

Section 508 establishes requirements for electronic and information technology developed, maintained, procured, or used by the Federal government. Section 508 requires Federal electronic and information technology to be accessible to people with disabilities, including employees and members of the public.

Given the changes in technology since 1998, Section 508 has undergone a refresh and was published to the National Register on Jan 18, 2017.

One of the changes that came out of the refresh was to expand the application of 508 to include:

Public facing content

Electronic content that is public facing shall conform...
- PDFs, Word docs, multimedia, etc.

Content that is not public facing:
- Agency official communication in nine categories:
  - An emergency notification
  - An initial or final decision adjudicating an administrative claim or proceeding
  - An internal or external program or policy announcement
  - A notice of benefits, program eligibility, employment opportunity, or personnel action
  - A formal acknowledgment of receipt
  - A survey questionnaire
  - A template or form
  - Educational or training materials
  - Intranet content design

While Section 508 does not always apply to programs receiving federal funding, it is important to be aware of its requirements and scope since many states have developed policies that support or mirror federal policies such as this one.

Check Your Understanding:

When it comes to serving students with disabilities, which laws are most relevant?

A. Section 504, Section 508, and Title II of the ADA

Incorrect.
Almost, but Section 508 only applies to federal agencies, not state institutions of education.

B. Titles I and II of the ADA

Incorrect.
Remember, Title I of the ADA has to do with employment.

C. Section 504 and Title II of the ADA

Correct!

University of Oregon Policy

The University of Oregon Information and Communications Technology (ICT) Accessibility Policy went into effect on July 9, 2019. The Policy requires that all ICT and digital content be made accessible to people with disabilities, unless a specific exemption is approved by the University President or their designee. The Policy also established the ICT Accessibility Committee, which implements and maintains digital accessibility procedures and guidelines. The ICT Accessibility Procedure contains many of the Policy's functional details, including exemption criteria and processes. The university's Digital Accessibility Architect is responsible for most aspects of the Policy's implementation.

Learn More:

If you want to learn about legal cases from around the US and lessons learned from violations at other colleges, check out the webpage Higher Ed Accessibility Lawsuits, Complaints, and Settlements.

There's also the EDUCAUSE IT Accessibility Risk Statements and Evidence document that outlines areas where colleges and businesses have encountered lawsuits and complaints regarding accessibility.

Video Supplements

Carol Ely on the ADA and Higher Education (2 mins)

A personal look at the impact of accommodations on students from the Institute on Community Integration at the University of Minnesota.

Carol Ely on the ADA and Higher Education

What is the ADA? Basics and Definitions of the Americans with Disabilities Act (2 mins)

This video, from the Rocky Mountain ADA Center, provides an overview of the Americans with Disabilities Act and its definitions.

What is the ADA? Basics and Definitions of the Americans with Disabilities Act

The ADA Explained (9 mins)

A more in-depth look at the Americans with Disabilities Act, including its history, purpose, and impact.

The ADA Explained

US Web Accessibility Laws and Policies - ADA and Section 508 (3 mins)

This video provides an overview of web accessibility laws and policies in the United States and describes what it means to be ADA and Section 508 compliant.

US Web Accessibility Laws and Policies - ADA and Section 508

US Web Accessibility Law Summary (4 mins)

Josh Miller of 3Play Media summarizes American laws that govern web accessibility and require organizations to transcribe and caption video.

US Web Accessibility Law Summary

Additional Resources

Legal Obligations for Accessibility - a good overview of disability-related Civil Rights laws governing higher ed. Introduces legal requirements as well as recent rulings in higher ed.
Office for Civil Rights: Protecting Students With Disabilities - for the more legally-minded, this resource dives deeper into the protections offered students through Section 504.
Higher Ed Accessibility Lawsuits, Complaints, and Settlements - list of higher education accessibility lawsuits and settlements, with links to details for each.

The End!

You've reached the end of the Understanding Accessibility section! To explore the resources for other accessibility topics, return to the Modules list.