The Americans with Disabilities Act (ADA) is a civil rights statute that prohibits discrimination against people with disabilities. This protection is similar to that given to women, minorities, and others since the Civil Rights Act of 1964. Protected are an estimated 43 million Americans with disabilities that substantially limit activities such as working, walking, talking, seeing, hearing, or caring for oneself. People who have a record of such an impairment and those regarded as having an impairment are also protected. This federal legislation prohibits discrimination based on disability, with the intent that our nation benefit from the skills and abilities of all individuals and increase their opportunities for self-sufficiency.
Section 504 of the Rehabilitation Act of 1973, often referred to as the Civil Rights Act for people with disabilities, states in part:
No other qualified handicapped individual shall, solely by reason of his/her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.
In order to comply with this mandate, California Community Colleges that receive Federal assistance must assure that the same educational programs and services offered to other students are available to students with disabilities. President Bush signed the Americans with Disabilities Act into law on July 26, 1990. This mandate reinforces the concept of reasonable accommodations in education and greater access to employment, transportation, and public accommodations. Title 5 of the California Code of Regulations, 5600-56076, which was revised November 1996, also provides mandates and guidelines on services to students with disabilities.
Your Rights as a DSP Student
Students have the following rights under Section 504 of the 1973 Rehabilitation Act, as revised (29 U.S.C. 794), The American Disabilities Act 28 CFR 35.102-35.104, CA Assembly Bill 803 Government Code Section 11135 et, seq., and Title V, section 56008 of CA Education Code.
Right to voluntary participation in the Disabilities Support Program and Services.
Right to confidentiality and disclosure of student records.
Right to access to college classes, programs, activities, services, and facilities to facilitate learning. The college will make every reasonable effort to provide access.
Right to access in the student's preferred mode, i.e. Braille, verbal transcription, sign language, etc.
Deaf students have the right to an interpreter with whom they have clear communication.
Right to integrated setting with other students who are not disabled.
A student can request an appropriate accommodation to facilitate participation in class and campus activities.
Right to protection against discrimination based on association with a person with a disability. As a friend or companion of a student with a disability, a student should not be treated differently from other students who are non-disabled.
Right to safety requirements based on actual risks, not speculation or stereotype.
Students with disabilities have the right to participate in campus activities, class demonstrations, or laboratory experiments to the extent that a disability does not pose a risk to the student or to other students.
Right to request academic adjustments to facilitate student participation in class work and campus activities.
Right to modification in policies unless the modification fundamentally alters the nature of the services or activities. The student has the right to request changes in class or campus policies to facilitate the student participation in class and campus activities. Request will be evaluated in terms of how the modification might affect course standards.
Right to protection against discrimination and harassment. Students have the right to participate in class and campus activities without being harassed or discriminated against. If a student feels that he/she is the target of discriminatory treatment, the student can file a complaint with the 504/Americans with Disabilities Act Coordinator or Office of Civil Rights.
San Jose/Evergreen Community College District does not discriminate on the basis of race, religion, color, gender, national origin, age, disability, marital status, sexual orientation, organizational affiliation, political beliefs or status as a Vietnam-era Veteran. The lack of English language skills will not be a barrier to admissions to or participation in vocational education programs. SJECCD is subject to Title IX of the Education Amendments of 1972, Title VII of the Civil Rights Acts of 1964 as amended, Sections 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990.