Northeast abides by all Federal laws to insure that students with disability do not experience discrimination. Federal law states that "No otherwise qualified person with a disability shall, solely by reason of such disability, be denied the benefits of or be excluded from participation in services, programs, or activities of a public entity, or be subjected to discrimination by any such entity receiving federal funds." 34 C.F.R. 104.43
A person with a disability includes "any person who (1) has a physical or mental impairment which substantially limits one or more major life activities, (2) has a record of such an impairment, or (3) is regarded as having such an impairment." An impairment that is episodic or in remission is a disability if it substantially limits a major life activity when active.
Federal law protects the rights of qualified individuals who have disabilities. A "qualified person with a disability" is defined as one . . ." who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the academic and technical standards requisite to admission or participation in the educational program or activity.
It is not possible to include a list of all the specific conditions that would constitute physical or mental impairments, but some examples may be useful. Examples of conditions that are impairments:
- Blindness/visual impairment
- Cardiac Disease
- Cerebral Palsy
- Deafness/hearing impairment
- Emotional or Mental Illness
- Intellectual Disability
- Learning Disorders
- Migraine Headaches
- Multiple Sclerosis
- Muscular Dystrophy
- Orthopedic/mobility Impairment
- Pregnancy Complication
- Seizure disorder
- Speech and Language Disorder
- Spinal Cord Injury
- Muscular Dystrophy
- Thyroid Gland Disorders
- Tourette's Syndrome
- Traumatic/Acquired Brain Injury
Under the Provisions of Federal Law
Northeast may not discriminate in the recruitment, admission, educational process, or treatment of students. Students who have self-identified, provided satisfactory documentation of disability, and requested reasonable accommodations are entitled to receive reasonable accommodations, appropriate academic adjustments, or auxiliary aids and services that enable them to participate in and benefit from all educational programs and activities.
Federal law specifies that colleges and universities may not . . . limit the number of students with disabilities admitted, make preadmission inquiries as to whether or not an applicant has a disability, use admission tests or criteria that inadequately measure the academic qualifications of qualified students with disabilities because required accommodations were not made, exclude a qualified student with a disability from any course of study, or establish rules and policies that may adversely affect qualified students with disabilities.
At the postsecondary level, the recipient is required to provide students with appropriate academic adjustments and auxiliary aids and services that are necessary to afford an individual with a disability an equal opportunity to participate in a school's program. Recipients are not required to make adjustments or provide aids or services that would result in a fundamental alteration of a recipient's program or impose an undue burden. CFR 104.44
- Be Effective! They must eliminate the barrier
- Be appropriately related to the student’s disability/functional
- Maintain essential elements of the course (academic integrity)
Accommodations Must Not:
- Fundamentally alter the essential functions of a course.
- Modify or waive academic and technical standards
- Be of a personal nature. (i.e. Transportation, Kurzweil on a student’s home
- Impose a direct threat to others
- Give a student an unfair advantage
- Present an undue hardship
- Disruptive behavior whether due to a disability or not is not
permitted. Disruptive behavior may be a Code of Conduct Violation
(Note: Federal laws referred to includes Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act Amendments Act of 2008).
Americans with Disabilities Act
Department of Education Title 34 Information
Need help or additional information?
If you need assistance or more information, please contact:
Mary Balaski, Disabilities Services Coordinator
Phone: (402) 844-7343
Toll-Free: (800) 348-9033, Ext. 7343
Fax: (402) 844-7412
Office: CWC 1263
Section 504/ ADA / Title IX
General Counsel and
Vice President of Human Resources