Legal Rights of Persons with Disabilities
Currently two federal legislative mandates secure the rights of persons with disabilities. The Rehabilitation Act of 1973, Section 504, as amended, prohibits discrimination, based on disability, by any institution receiving federal financial assistance. The Americans with Disabilities Act (ADA) of 1990, expands the coverage of Section 504 to prohibit discrimination, based on disability, by all public entities and privately owned businesses/entities. the major state legislation that prohibits discrimination, based on disability, is the Florida Human Right Act, which mirrors the ADA. While these mandates provide for equal opportunity of employment and education, they also ensure the provision of reasonable accommodations in the workplace and classroom, in both the public and private sector.
Federal Laws and Regulations
Section 504 of the Rehabilitation Act of 1973, as amended
"No qualified handicapped person shall, on the basis of handicap, be excluded form participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity receiving federal financial assistance" (Public Law 93-112). Section 504 was created to eliminate discrimination of persons with disabilities in any program or activity receiving Federal Financial assistance.
The Americans with Disabilities Act, 1990
The Americans with Disabilities Act (ADA), signed into law on July 26, 1990, expands the mandates for reasonable accommodations set forth in Section 504 of the Rehabilitation Act. This additional mandate reinforces previous federal and state statutes that preserve the rights of persons with disabilities but does not supersede them. The ADA provides greater access to employment, public accommodations, adn transportation. The ADA prohibits discrimination, based on disability, by public entities (including State University System (SUS) institutions), in places of public accommodation (including public and private colleges and universities), in telecommunications.
Title I - Employment
SUS institutions, as employers of students, faculty, and staff, may not discriminate against qualified individuals with disabilities. Additionally, all SUS institutions must provide reasonable accomodation to qualified applicants or employees unless doing so would result in an undue hardship to the university.
Title II - Public Services and Transportation
State University System institutions may not discriminate against qualified individuals with disabilities by excluding them from participating in, or denying them access to, the services, programs, or activities of the university.
Title III - Public Accommodations
State University System facilities open to the public, including gallaries, athletic arenas, auditoriums, libraries, recreational facilities, etc. must be accessible to individuals with disabilities. efforts must be made to make these facilities accessible to and useable by, individuals with disabilities when it is readily achievable.
STATE LAWS and REGULATIONS
Florida Statutes, Section 240.152
This statute provides for the reasonable substitution of any requirement for admission to a state university, community college, or post secondary vocational school, where documentation can be provided that the person's failure to meet an admission requirement is related to the disability.
Florida Statutes, Section 240.153
This statute guarantees that a person with a disability shall be eligible for reasonable substitution of any requirement for graduation, for admission into a program of study, or for upper division entry where:
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1. Documentation can be provided that the person's failure to meet the requirement is related to the disability. |
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2. Failure to meet the requirement does not fundamentally alter the nature of the program. |
Complaint/Appeal Process
The president of UNF has designated a director to ensure compliance with policies regarding nondiscrimination against persons with disabilities. All ADA/Section 504/Title IX complaints should be addressed to Rocelia Gonzalez, ADA/Section 504 Director, Bldg. 832, Room 1000, (904) 620-2870 (voice/TDD). (see appendix A for "ADA Grievance Procedure for the University of North Florida", see Appendix B for "ADA/Section 504 Grievance Form")
Student's Rights and Responsibilities
In order for students with disabilities to be guaranteed academic accommodations, they must be registed with the DRC. The student shoudl begin the registration process prior to the start of the semester whenever possible. This will ensure that there is adequate time for the request to be properly evaluated and appropiate services identified. Students receiving accommodations are obligated to use the provided accommodations responsibly. The accommdoation must not compromise the course content or the requirements for satistactory course completion.
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