What Are My Rights in College if I have a disability?
The Americans with Disabilities Act (the “ADA”) provides protection for individuals with disabilities. Title II of the ADA makes sure that individuals with disabilities cannot be subject to discrimination by public universities or colleges, while Title III applies to private universities and colleges. Section 504 of the Rehabilitation Act also includes protections for students with disabilities. Under this law, any school that receives federal funding may not discriminate on the basis of disability.
Both Title II and Title III make sure that students with disabilities, including visual impairments, cannot be discriminated against by colleges and universities. This means as a student with a disability, you must receive an equal opportunity to participate in, and benefit from the goods and services offered by the school. A college or university cannot provide you different or separate goods or services unless it is necessary to ensure that access to the goods and services is equally as effective as that provided to others. All programs, including extracurricular activities must be accessible to students with disabilities. Accommodations should be individually tailored to a particular student’s needs. Such accommodations may include: architectural access to buildings; aids and services necessary for effective communication, such as sign language interpreters, Braille or electronic formats, and assistive listening devices; testing accommodations; and access to school facilities for service animals.
If you believe your rights have been violated by a public or private college or university, you may have a claim under the ADA and/or Section 504 of the Rehabilitation Act. A school may not treat you differently or restrict your access to school programs because of your disability. You have a right to a full, fair, and equal education, and no school can take that right away from you. If your rights or that of a loved one, have been violated by a non-compliant school, please contact our office today. Our team of experienced discrimination attorneys is ready to assist, answer questions you may have, and fight for your right to an education.
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Please feel free to contact us and discuss all options available in effectively handling and resolving employment discrimination claims under the ADA. 516-279-1555