Understanding of disability law at the University of Wisconsin-Stout: faculty, staff and administrations knowledge of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990
File(s)
Date
1999Author
Graham, Erin Marie
Publisher
University of Wisconsin--Stout
Advisor(s)
Benkowski, Joseph
Metadata
Show full item recordAbstract
Because of changing demographics and the increasing public awareness inspired by the enactment of the Americans with Disabilities Act, institutions are likely to face increased litigation if they do not review their focus and implement strategies on the issue of accessibility. Approximately 43 million Americans have disabilities, and over 4.3 million students enrolled in the public school system have been identified as being entitled to legal protection under the Americans with Disabilities Act. In addition, over 1.5 million (10.5%) American college students have at least one disability (Lissner, 92). Based on demographics, it can be expected that this number will continue to rise over the next several decades. Arguably, it can be said that most institutions of higher learning are aware of Section 504 of the Rehabilitation Act and the Americans with Disabilities Act, and they may have achieved many of the requirements of these Acts. However, is this the case among the faculty and administration within the institution that not only represents that institution but also fosters the learning environment? Faculty and administration are very visible when it comes to determining compliance and are oftentimes the genesis of a violation or litigation. Ignorance or lack of education regarding this or any law cannot be used as a defense in a court of law. Knowledge of the law's requirements must be based on the letter of the law and promulgated within the spirit of the law. Subsequent to the passage of the Civil Rights Act of 1964, there have been and continue to be problems that often require harsh sanctions. Could it be that similar problems might exist even after the passage of the Rehabilitation Act and the Americans with Disabilities Act? In order to determine this, it is necessary to examine specific institutions of higher education to determine whether the spirit of this legislation is being adhered to. Simple observation of existing facilities reveals that much has been done to eliminate, or at least mitigate, physical barriers. Ramps have been installed to provide easier access to or within buildings, restrooms have been modified, and new buildings have been designed and built to be barrier free. Do these actions meet the requirements of the law? Yes, they do. However, the question still remains as to whether the intention of the law has been met by making simple cosmetic alterations. Appearances, however, can be deceiving. It is imperative to look beneath the surface to determine the degree of understanding the faculty, staff, and administration have regarding not only the obvious parts of the law but also their legal and moral requirements to understand, implement, and uphold the requirements of the laws in an educationally friendly manner. Therefore we can reasonably assume, that by determining and increasing the level of awareness regarding the Rehabilitation Act and the Americans with Disabilities Act, we are not only educating our faculty, staff, and administration but also are providing better services to our students while promoting the University of Wisconsin - Stout. This process will enhance all facets of the University's culture and learning environment.
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http://digital.library.wisc.edu/1793/39253Description
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