Bowen Assignment 3-B Summary of a Legal Source 1

Introductions and Overview

The Americans with Disabilities Act (Americans With Disabilities Act of 1990) 1990)
(ADA) is a written document to protect the civil rights of persons with disabilities across the
form of many settings. Americans with Disabilities Act has three titles. Title II applies to state
and local government which protects qualified disabilities in services, programs, and activities.
This act is often used in conjunction with Section 504 of the Rehabilitation Act. Title II will be
analyzed by going through the history and evolving development of law involving visually
impairment. This title will be examined for the protection and accommodations of individuals
with visually impairment in public entities.
Title II serves the purpose of prohibiting discrimination against individuals with
disabilities in public entities. 28 CFR § 35.104 of ADA defines a public entity as any state and
local government, any department, agency, purpose district, or other instrumentality of a state or
local government, and National Railroad Passenger Corporation. 28 CFR § 35.108 states that a
physical impairment includes contagious and noncontagious diseases such as visual impairment.
Visual impairments are protected by Title II of the Americans with Disabilities Act of 1990
based on the principles of a substantial limitation of major life activities. The Office for Civil
Rights enforces public entities standards to compile with the requirements of the Americans with
Disabilities Act of 1990. Violations of ADA may result in the involvement of the Department of
Justice.

Historical Context & Development of the Law

In 1988, the Americans with Disabilities Act was introduced to the 100th Congress by
Sen. Weicker and Rep. Coelho. The Act was revised and reintroduced to the 101st Congress and
passed by the Senate in 1989. Finally, this act was signed by President George H.W. Bush in
July 1990. The U.S. Department of Justice issued regulations of Title II. Title II has been
updated and amended multiple times throughout the life span of ADA. The most recent update
was in 2016 to implement the requirement of the ADA Amendments Act of 2008. These
amendments and titles were issued to increase the protection of individuals with disabilities
through routine life, employment, and education. (2021)
In 1990, the Americans with Disabilities Act included making public entities accessible
for individuals with disabilities, including visual impairments such as low vision, blindness,
monovision. These accommodations include braille, large print signage, and visually impaired
forms of technology materials. The definition of qualified disabilities developed to include
physical impairments that result in limitations in major life activities. Visually impairments are
observed under the definition’s development.

Relevant Statutes, Regulations, and Ordinances

A major regulation connected to the Americans with Disabilities Act (1990) is Section
504 of the Rehabilitation Act (Section 504 of the Rehabilitation Act of 1973). This regulation
was signed in 1973 and is a civil rights law that prohibits discrimination based on individuals
with a disability. Section 504 of the Rehabilitation Act works along with ADA to prohibit
discrimination, focusing on programs that receive federal financial assistance. These legal
sources protect individuals' rights to have equal access to materials and facilities. With visual
impairment, they help provide individuals with large print text, Braille materials, recordings, and
additional services.
Bowen Assignment 3-B Summary of a Legal Source 2

The Act of March 3, 1931 (1931) is original legislation that allows the Librarian of
Congress to provide books for the use of the adult blind resident in the United States.
Regulations, such as the Act of March 3, 1931 provide public entities with resources to be used
for responsible accommodations for those with a visually impaired disability. This legislation
can be used with the aid of Title 36 Code of Federal Regulations Section 701.6 (2005). These
regulations provided books with raised characters (Braille), sound reproduction, and other
materials that can be used for those with visual impairments.

Relevant Case Law

ADA states that public entities that must provide reasonable accommodations to
individuals with visual impairments (and any disabilities). The individual must be capable of
accessing important information using physical materials or technology. Using Section 504 of
the Rehabilitation Act and Americans with Disabilities Act, public entities that receive federal
financial funding are required to provide accommodations to individuals with qualified
disabilities. Public universities and colleges receive federal funding and are subject to the
requirements of Section 504 of the Rehabilitation Act and ADA.
Louisiana Tech University settles with the Justice Department for alleged violations of
ADA. The alleged violations were based on a student with a visual impairment (blindness) and
their access to learning materials that were provided through the university. The student claimed
the institution delayed their response to provide access to the online course materials. The
student also claimed that this resulted in falling behind in the course, leading to their to withdrew
from the online class. These allegations carried over to in-class instruction and examination
preparation. (Office of Public Affairs, 2015)
The Civil Rights Office claimed, “Emerging technologies, including internet-based
learning platforms, are changing the way we learn, and we need to ensure that people with
disabilities are not excluded or left behind.” (Office of Public Affairs, 2015, para 3)
The Institution settled with an agreement of adopting disability-related policies. These
policies would include technology and online material, along with course material with the help
of Web Content Accessibility Guidelines. The university also agreed to train its instructors and
administrators on ADA guidelines. They also paid the student for damages.

Relationship to Student Affairs

Understanding the need for civil rights protections of disabilities is a vital function of
Student Affairs. Individuals with disabilities faced the challenges of discrimination and
accessibility throughout their everyday lives. Disabilities expand challenges further their routine
functions, to learning materials, housing, traveling, and daily interactions. Understanding the
requirements and guidelines of ADA and Section 504 of the Rehabilitation Act would partially
complete the information required to fulfill Student Affairs’ responsible of providing for students
with qualified disabilities. Understanding relevant regulations may offer solutions to reasonable
accommodations. The case above is an example of how an institution and its faculty were not
accommodating to a particular student’s needs and wellbeing. However, understanding the
requirements may protect the institution and staff from unjust alleged violations. Every
institution and student affairs worker should be equipped with resources and knowledge of
disabilities and their scope of accommodations.
Bowen Assignment 3-B Summary of a Legal Source 3

References
Americans With Disabilities Act of 1990, Pub. L. No. 101-336, 104 Stat. 328 (1990).
Governing legislation (Act of March 3, 1931) - National library service for the blind and print
disabled (NLS): Library of Congress. (1931). Retrieved February 10, 2021, from
https://www.loc.gov/nls/about/organization/laws-regulations/governing-legislation-act-
march-3-1931/
Office of Public Affairs. (2015, August 06). Justice department settles with Louisiana Tech
university over Inaccessible course materials. Retrieved February 10, 2021, from
https://www.justice.gov/opa/pr/justice-department-settles-louisiana-tech-university-over-
inaccessible-course-materials
Timeline of the Americans with Disabilities Act. (2021, February). Retrieved February 10, 2021,
from https://adata.org/ada-timeline
Title 36 code of federal Regulations SEC. 701.6 - National library service for the blind and print
disabled (NLS): Library of Congress. (2005). Retrieved February 10, 2021, from
https://www.loc.gov/nls/about/organization/laws-regulations/36-cfr-701-10-title-36-code-
federal-regulations/
Section 504 of the Rehabilitation Act of 1973, 34 C.F.R. Part 104.