The Americans with Disabilities Act and the Rehabilitation Act of 1973 and Their Application to Educational Issues

This paper focuses on the state of the law as it concerns adults with disabilities regarding educational issues. Sections 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 are addressed and legal issues are examined, including: (1) the definition of disability; (2) documentation of disability; (3) financial responsibility for documentation; (4) documentation for testing; (5) modifications of policies and procedures by testing entities and educational institutions; (6) eligibility criteria; (7) inquiries into disability; (8) privacy concerns; (9) program access; (10) communication issues; (11) affirmative action; (12) special programs for individuals with disabilities; (13) administrative requirements; and (14) enforcement issues. Special issues concerning learning disabilities and testing modifications are also addressed. Relevant court cases are examined in order to assess judicial interpretation of these issues. Two responses to the paper are attached and include information on the most common testing modifications that students' request. (Contains 49 references.) (CR)