Students' Rights

A college student with a disability has the right to appropriate accommodations under Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act, as amended. OSD counselors make decisions regarding the nature of the academic adjustments. If a student feels as though he or she has been wrongly denied an accommodation or otherwise discriminated against, based on their disability, they may file a complaint with the Office of Equal Opportunity Programs on the FAU campus.
Students' Responsibilities

In order for students with disabilities to be guaranteed appropriate academic adjustments they must be registered with the OSD. The students must register well in advance of obtaining the needed services. This will ensure that there is adequate time for their needs to be properly evaluated and appropriate services identified. Students with disabilities are obligated to use accommodations responsibly.

If the registered student is receiving academic adjustments directly from the faculty member, accommodations must be requested in advance, to allow sufficient time for faculty to arrange for the requested modifications. It is the student's responsibility to utilize the services of, and keep in close contact with the OSD.

Faculty Members' Rights and Responsibilities
Faculty members have the right to be informed about a student's need for accommodations in a timely manner. The faculty member has the responsibility to respond to a student's request for an accommodation due to a disability. When a request for an accommodation is received, the faculty member should require verification of the disability by referring the student to the OSD to obtain a Letter of Notification. The accommodations may be handled by the faculty member or through the OSD as detailed later in this publication. In any case, the accommodations must not compromise course content or the requirements for satisfactory course completion.

Disability Law and Higher Education

The rights of students with disabilities are protected under Section 504 of the Rehabilitation Act of 1973 (Section 504) and the Americans with Disabilities Act of 1990 (ADA).

Rehabilitation Act of 1973
Section 504 is designed to eliminate discrimination on the basis of disability in any program or activity receiving federal financial assistance. It provides that no qualified individual with a disability will, on the basis of disability, be excluded from participation in, be denied benefits of or otherwise be subjected to discrimination under any program or activity that receives or benefits from federal financial assistance. The fundamental principle of Section 504 is "Program Accessibility" which is discussed in greater detail in Part III.

Admissions and Recruitment

The State University System (SUS) undergraduate admission application contains a pre-admission inquiry about whether an applicant desires special admission consideration based on his/her disability. This inquiry appears in the optional section of the application and states that it is for the express purpose of promoting increased participation of persons with disabilities in the SUS programs and activities. The application form indicates that the information will be kept confidential and that refusal to provide the information will not subject the applicant to adverse treatment. The limited scope of this inquiry is within the exception outlined under 34 C.F.R. 104.42(c) and, therefore is in compliance with Section 504 and Title II.

Academic Adjustments

Universities will make such modifications to academic requirements as are necessary to ensure that such requirements do not discriminate or have the effect of discriminating, on the basis of disability, against a qualified applicant or student with the disability. Academic requirements that the university can demonstrate are essential to the program of instruction being pursued by such students or to any directly related licensing requirements will not be regarded as discriminatory within the meaning of this section.

Questions relating to academic accommodations for students with disabilities are to be directed to the Office for Students with Disabilities, room 133, Student Support Services, (561) 297-3880, TDD (561) 297-0358.

Americans with Disabilities Act (ADA)

The ADA prohibits discrimination, based on disability, by public entities (including SUS institutions), in places of public accommodation (including private and public colleges, and universities), and employment, in the provision of transportation and telecommunications. The ADA uses much the same language as used in Section 504 but expands its coverage.

Title I - Employment

State University System institutions, as employers of students, faculty and staff, may not discriminate against qualified individuals with disabilities, and must provide reasonable accommodation to qualified applicants or employees unless doing so would result in an undue hardship to the university.

Title II - Public Services
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 student unions, museums, 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 usable by, individuals with disabilities when it is readily achievable.

Title IV- Telecommunications

The ADA requires telephone companies to provide continuous voice transmission relay services that allow hearing and speech-impaired people to communicate over the phone through teletypewriters (TTY -- also called telecommunication devices for the deaf). Title IV also requires federally funded public service messages on television to be closed-captioned for the hearing-impaired.

Section 508

Section 508 requires that Federal agencies' electronic and information technology is accessible to people with disabilities. The Center for Information Technology Accommodation (CITA), in the U.S. General Services Administration's Office of Government wide Policy, has been charged with the task of educating Federal employees and building the infrastructure necessary to support Section 508 implementation. Using this web site, Federal employees and the public can access resources for understanding and implementing the requirements of Section 508.

STUDENT APPEALS AND DISCRIMINATION COMPLAINTS