Laws and Policies

The Rights of Students with Disabilities

To get a general overview of disability and compliance on the SDSU Imperial Valley Campus, see the California Rural Legal Assistance, Inc., which covers topics such as:

• How does the law protect students with disabilities?
• What is a disability?
• What is an institution's obligation toward students with disabilities?

Rights of SDSU Students goes over:

• What are the rights of a student with a disability at SDSU IV?
• Student confidentiality
• Student Responsibilities

California State University (CSU) Policies and Guidelines

• CSU Policy for Provision of Accommodations and Support Services to Students with Disabilities
• Executive Order No. 926: Policy on Disability Support and Accommodations
• CSU Accessible Technology Initiative - Ensures access to information and electronic resources for all individuals, regardless of disabilities.
• Students who would like to file a complaint of sex discrimination can refer to Executive Order 1097.
• To file a complaint on the basis of harassment, discrimination, and/or retaliation, please fill out a Discrimination/Harassment/Retaliation Report

Federal Disability Laws

• The Americans with Disabilities Act (ADA), one of the nation’s most comprehensive pieces of civil rights legislation, the ADA was signed into law on July 26, 1990.  It prohibits discrimination on the basis of disability and guarantees that people with disabilities have the same opportunities as everyone else to participate in the mainstream of American life, with each of five titles addressing different aspects.  Title I focuses on employment.  In addition to prohibiting discrimination, Title I requires covered employers to provide “reasonable accommodations” to qualified job applicants and employees with disabilities.  A reasonable accommodation is defined as any change or adjustment to a job, work environment, or the way things are usually done that would allow an individual with a disability to apply for a job, perform job functions, or enjoy equal access to benefits available to other employees.

• The Americans with Disabilities Act Amendments Act (ADAAA) of 2008, which became effective on January 1, 2009, and its implementing regulations made a number of significant changes to the ADA.  Among these is a requirement that courts interpreting the ADA and related laws focus on whether the covered entity has discriminated, as opposed to whether the individual seeking protection has an impairment that meets the technical definition of the term "disability."  The ADAAA retains the basic definition of "disability" as an impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment; however, it changes the way that the statutory terms should be interpreted.

• The Rehabilitation Act of 1973, as Amended prohibits discrimination on the basis of disability in programs conducted by federal agencies, in programs receiving federal financial assistance, in federal employment and in the employment practices of federal contractors. The standards for determining employment discrimination under this law are the same as those used in Title I of the ADA.  Of particular interest to higher education institutions may be Sections 503 and 504 of the Rehabilitation Act, which cover entities receiving federal contracts or financial assistance, respectively. Section 503 prohibits employers with federal contracts (or subcontracts) that exceed $15,000 from discriminating against applicants and employees with disabilities and take affirmative steps to hire, retain and promote qualified individuals with disabilities.  In 2014, updates to

  • Section 503 strengthened these affirmative action requirements, creating, for the first time ever, measurable goals.  They also set a requirement that covered employers invite applicants and employees to self-identify as people with disabilities.

  • Section 504 prohibits discrimination against qualified individuals with disabilities by any program or activity receiving federal financial assistance or by any program or activity conducted by a federal executive agency or the U.S. Postal Service. For programs or activities receiving federal financial assistance, there is no minimum threshold for coverage.  Furthermore, there is no requirement that recipients or executive agencies have a certain number of employees.  Section 504 protects not only qualified individuals with disabilities who apply to and participate in such programs, but also job applicants and employees of the organizations that provide them.  

• The Family and Medical Leave Act (FMLA) covers private-sector employers with 50 or more employees in 20 or more workweeks in the current or preceding calendar year, including a joint employer or successor in interest to a covered employer.  It provides eligible employees of these covered employers up to 12 workweeks of unpaid, job-protected leave in a 12-month period for specified family and medical reasons, among them the employee’s own serious health condition.
• The Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) requires employers with federal contracts or subcontracts that exceed $150,000 to take affirmative action to employ and advance in employment specified categories of veterans and prohibits discrimination against such veterans.  These categories include disabled veterans (in addition to recently separated veterans, Armed Forces Service Medal veterans, and Active Duty Wartime or Campaign Badge veterans).

 

Resources

• The ADA National Network provides information, guidance, technical assistance and training on all titles of the ADA, including Title I (Employment).  Services are tailored to meet the needs of business, government and individuals at local, regional and national levels.
• The Disability Nondiscrimination Law Advisor helps employers determine which federal disability nondiscrimination laws apply to their business or organization and learn their responsibilities under them.
• The Family and Medical Leave Act (FMLA) Advisor helps employees and employers understand their rights and responsibilities under the FMLA.
• The Job Accommodation Network (JAN) provides extensive technical assistance on the reasonable accommodations provisions of the ADA. It also has an extensive online library of publications on the ADA and related laws.
• A Guide to Disability Rights Laws, published by the U.S. Department of Justice, is a user-friendly guide to the ADA and related disability rights legislation.
• ADA.gov has information, resources and technical assistance materials on all aspects of the ADA and ADAAA, with links to the various agencies that have enforcement responsibilities.
• The U.S. Equal Employment Opportunity Commission, the agency responsible for administering the ADA’s employment provisions, provides regulatory guidance and technical assistance on all aspects of the law related to employment. 
   

Student Confidentiality

Student Disability Services - Imperial Valley practices the Family Educational Rights and Privacy Act (FERPA), which is a law that protects students' educational records and prevents the improper disclosure of these records. As a SDS-IV student, you must sign a release of information and specify the individual you are authorizing the release of disability-related information. Without your authorization, we will not disclose information to faculty, staff, or parents. To learn more about FERPA and your rights as a student at SDSU IV, visit the University's Center for Student Rights and Responsibilities.

Formal Dispute Resolution Procedures

Students who believe they have been denied accommodations to which they are entitled to qualified disabilities may also use the Discrimination, Harassment, and Retaliation Complaint Form for Students. This process is administered by the Center for the Prevention of Harassment and Discrimination (CPHD). Students are not required to go through informal dispute resolution before filing a complaint with CPHD.

If you have exhausted the University's resources and still believe a reasonable solution cannot be reached, you can file a complaint with the Office of Civil Rights.

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