The Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA) prohibit discrimination against students with disabilities. These laws state that no qualified individual with a disability shall, solely by reason of his/her disability, be excluded from the participation in, or be denied the benefits of, or be subjected to discrimination under any program, activity or services of any public entity. The 1998 amendment to Section 508 of the Rehabilitation Act  specifically addresses equal access to electronic and information technology.

California state law SB105, signed into law in September of 2002, noted that anyone receiving state funds must also comply with Section 508. These 508 requirements have been incorporated into Government Code section 11135, which is the basic state nondiscrimination statute enforced by the Chancellor's Office.

SB 105 removes any grey area that may have existed in the interpretation of Section 508 as a federal law and its jurisdication over the California systems of higher education.

Disabilities involve a physical and/or mental impairment, which may not be directly observable. The laws define a person with a disability as any person who has a physical or mental impairment which substantially limits one or more major life activities, such as performing manual tasks, walking, seeing, hearing, speaking, breathing and learning. Some of the disabilities covered by legislation include AIDS, cancer, cerebral palsy, epilepsy, head injuries, hearing impairments, learning disabilities, multiple sclerosis, psychiatric disorders, speech and visual impairments.

Santa Monica College, as a public institution of higher education which receives federal assistance, is legally bound to prohibit discrimination in the recruitment process, the admission process and the educational process of students with disabilities.

In accordance with state and federal law, the Santa Monica College District Board of Trustees has issued Administrative Regulation (AR) 5273-101094 to address academic adjustments for students with disabilities. This document outlines the procedure for staff and faculty response to students seeking an adjustment, as well as a resolution and appeal process in the case of any disagreements.

Passed by Congress in 1973, this section states that

"No otherwise qualified individuals with disabilities in the United States…. .shall, solely by reason of his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance."

A person with a disability is an individual with a physical or mental impairment that substantially limits one or more major life activities. An individual is considered to be a person with a disability if he/she (1) has a disability, (2) has a history of a disability, or (3) is perceived by others as having a disability.

The Section 504 regulation applies to all recipients of federal funding, including those institutions receiving funds from the U.S. Department of Education. Enforcement of Section 504 for these institutions rests with the Department's Office for Civil Rights.

In regard to post-secondary schools' obligations, Section 504 goes on to state that:

A recipient…shall take such steps as are necessary to ensure that no handicapped student is denied the benefits of, excluded from participation in, or otherwise subjected to discrimination under the education program or activity operated by the recipient because of the absence of educational auxiliary aids for students with impaired sensory, manual, or speaking skills.

Still in effect, despite the 1990 passage of the ADA, Section 504 contains (in Subpart E) more specific information regarding post-secondary education than the ADA.


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The ADA requires existing facilities of Title II entities to be accessible to the extent that access is not an undue burden. All Title II entities must have a Transition Plan which lists, specifically, when and how existing architectural barriers will be removed. For new construction or renovations, the college must be in compliance with Uniform Federal Accessibility Standards (UFAS) or the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (ADAAG), without the elevator exemption. The choice of standards must be consistent within a single building.

Application to Higher Education

Unlike Section 504, The ADA applies to all institutions of higher education regardless of receipt of Federal funds. The U.S. Department of Education enforces Title II in public colleges and universities

For futher information about Higher Education's Obligations under Section 504 and Title II of the ADA, see http://www.ed.gov/offices/OCR/auxaids.htm.

A faculty member from the DSPS

The 504 Compliance Officer

Two instructors from the academic area (one selected by the department chair and one selected by the instructor)

An advocate or information specialist of the student's choice (non-voting)

An academic administrator who serves as the chair of the committee

3. The student and the instructor will meet with the Academic Accommodations Panel and will have an opportunity to express their concerns.

4. The Academic Accommodations Panel will meet no later than 10 working days after the interim adjustment has been made and will then render a written decision within five working days.