ADE - Legal Issues

The federal laws often referred to as "504," "508," and "ADA" protect people with disabilities from discrimination, and promote equal access for them. But how do the laws affect Web-based instruction, and your responsibility and liability as an online instructor? This section describes how these laws may impact the management and delivery of Web-based learning materials, as interpreted by various experts in the field. It is a general overview, and should not be interpreted as legal advice.

How much do you know about accessibility and nondiscrimination legislation? Click the True or False links to answer each of the questions below (links open in a new window):
1. Federal legislation includes specific definitions of a person with a disability.	TRUE \| FALSE
2. Students with disabilities have to meet certain standards in order to be admitted to a university and pursue an education.	TRUE \| FALSE
3. If a student with a disability needs accommodation, it is his/her responsibility to inform the appropriate university representative of this need.	TRUE \| FALSE
4. Universities must always meet the accommodation requests of qualified students with disabilities.	TRUE \| FALSE
5. A faculty member who fails to accommodate a student with a documented disability may be held personally liable.	TRUE \| FALSE

504, 508, ADA, and Other Laws

Several federal laws address accessibility and protect the rights of persons with disabilities. This section describes those that are most important to Web-based education.

Section 504 of the Rehabilitation Act (1973) requires all employers and organizations receiving federal assistance—including most universities—to provide people with disabilities equal access to information, programs, activities, and services.
The 1998 Amendment to Section 508 of the Rehabilitation Act does not directly apply to universities, but it does mandate specific conditions for Internet and Web accessibility that are used as guidelines in designing and creating federal agency Web sites.
The Americans with Disabilities Act (ADA) (1990) applies the same general principle as Section 504—equal opportunity to participate in programs and services—but extends the reach to private organizations and any state or local entities not covered under Section 504.
Other laws, including Section 255 of the Telecommunications Act, the Individuals with Disabilities Education Act (IDEA), and the Assistive Technology Act (1998), or "ATA," may also impact Web-based instruction, and how institutions may use federal monies.

The information presented here is only general information. Legal advice must be provided in the course of an attorney-client relationship specifically with reference to all the facts of the particular situation under consideration. Such is not the case here, and accordingly, the information presented here must not be relied on as a substitute for obtaining legal advice from a licensed attorney.

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