Colleges and universities should ensure that their actions do not have an adverse impact on students with disabilities

Abstract

Section 504 of the Rehabilitation Act, which prohibits discrimination on the basis of disability in programs and activities receiving federal financial assistance, mirrors Title IX of the Education Amendments of 1972 and Title VI of the Civil Rights Act, which prohibit discrimination on the basis of sex and race, respectively (29 U.S.C. 794; 20 U.S.C. 1681; and 42 U.S.C. 2000(d)). But there are differences between Section 504 and Title IX and Title VI, including but not limited to the statutory language which in Section 504 applies to qualified individuals with disabilities, while there is no such limitation in Title IX and Title VI. Further, Section 504 contains an auxiliary aids and services and a reasonable modifications requirement that do not appear in Title IX and Title VI. Finally, Section 504 has been interpreted by the courts to include adverse impact as well as adverse treatment. All three points — qualified individual with a disability, auxiliary aids and services, and adverse impact — have important implications for colleges and universities.