Accomidating foreign language
In addition to Section 504, Title II of the ADA prohibits public entities (e.g., state government, public schools, public colleges) from denying qualified persons with disabilities the right to participate in or benefit from the services, programs, or activities that they provide, and from subjecting such individuals to discrimination if the exclusion or discrimination is due to the person having a disability (42 U. Private colleges (including nonrecipient institutions) operate places of public accommodation and must, therefore, comply with Title 111.
The DOJ is responsible for the enforcement of Title III.
The application must be completed honestly and accurately and submitted prior to deadline. § 104.42(c)), colleges may not make preadmission inquiries as to whether an applicant has a disability, although postadmission inquiries may be made on a confidential basis when the disability may require accommodation (34 C. Nonetheless, those tests that are used must accurately reflect the applicant's aptitude or achievement level (or whatever other factor the test purports to measure), rather than the applicant's impaired sensory, manual, or speaking skills (34 C. And, admissions tests that are designed to accommodate persons with disabilities must be offered as often as are other admissions tests and be made available in facilities that are accessible (34 C. For example, one court has ruled that to require testing boards to grant accommodations without proof of qualifying disabilities would allow persons to advance to professional positions through the "proverbial back door" (Price v. When an application includes a nonstandardized score, it becomes even more important for admissions officers to thoroughly scrutinize the candidate's file.
Where violations of either Section 504 or the ADA are claimed, the plaintiff first must show that he or she is disabled, as that term is defined under federal statute, and is qualified. For a person to qualify as disabled, the disability must substantially limit" a major life activity.
A person with a disability is anyone who has a physical (e.g., quadriplegia) or mental (e.g., anxiety disorder) impairment that substantially limits one or more major life activities (e.g., learning), has a record of such an impairment (e.g., a record of having a specific learning disability), or is regarded as having such an impairment (e.g., a student who is denied admission to medical school because he is HIV positive; see also 34 C. Clearly, "'substantial" connotes something more than trivial or minor, but federal courts have disagreed beyond that point.
Presumably, this increase in part is because of the slightly broader coverage of the ADA, publicity surrounding the passage of the ADA, an increase in the number of administrative appeals and lawsuits, and growth in the number of students requesting accommodation.
The greater demand for accommodation can be attributed primarily to the fact that many current college students received either an Individualized Education Program (IEP; as is required by the Individuals with Disabilities Education Act of 1990; IDEA) or a service plan (as is required by Section 504) while in elementary and secondary schools, and have become increasingly aware of their rights to accommodation while in higher education.