Disability Qualifications/ American with Disabilities Act

Americans with Disabilities Act of 1990

Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990 (ADA) prohibit discrimination against disabled persons by state and local governments. This includes public accommodations provided by Southwestern Michigan College. These regulations help ensure that students with disabilities have an equal opportunity for access and success as other SMC students.

The ADA is a civil rights law for persons with disabilities in the United States whether or not they are citizens and without regard to racial or ethnic origin. International students with disabilities are entitled to any and all of the same services and support provided by law to any other student with a disability enrolled in a program of higher education in this country.

ADA extends civil rights protection for persons with disabilities to employment in the public and private sectors, transportation, public accommodations, services provided by state and local governments and telecommunication relay services.

Under ADA "a person with a disability" is someone 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 she/he has the disability, has a record of the disability, or is regarded as having the disability.

Definition of terms

Physical impairment

Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, muscular-skeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genital-urinary, hemic and lymphatic, skin and endocrine.

Mental impairment

Any psychological disorder, organic brain syndrome, emotional or mental illness, specific learning disabilities, mental retardation, and any psychological disorder as diagnosed by a licensed professional using the Diagnostic and Statistical Manual of Mental Disorders - (DSM-IV)

Substantially limits

Unable to perform a major life activity or significantly restricted as to the condition, manner, or duration under which a major life activity can be performed. This is in comparison to the average person or to most people; the availability of some mitigating measure (such as a hearing aid) for someone with a hearing loss that brings hearing acuity within normal limits is not to be considered when determining if the disability substantially limits the individual.

Major life activity

Functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. The impairment must be severe enough to result in substantial limitation of one or more life activities. Impairments that do not affect a major life activity do not qualify. Assessment of whether a person has a disability is made without regard to availability of a reasonable accommodation or auxiliary aid.

Hidden disabilities

Means that some disabilities are not readily apparent to others. These include such conditions and diseases as specific learning disabilities, diabetes, epilepsy, low vision, poor hearing, heart disease, chronic illness or allergy, which may not be obvious.