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Legal References
There is much legislation with regard to the operations of the district in servicing individuals with disabilities; it is heavily regulated, protected by confidentiality, governed by and in compliance with the Americans with Disabilities Act (1990), Title 5 of the Education Code, Section 504 of the Rehabilitation Act (1973), the Lanterman Act (1977), and Section 508 of the Rehabilitation Act (as amended in 1998).

Americans with Disabilities Act
The Americans with Disabilities Act (ADA) was signed into law by President George Bush on July 26, 1990. This act guarantees people with disabilities access to employment, public accommodations, transportation, public services and telecommunications. The prototype for the ADA is the Civil Rights Act of 1964 which prohibits discrimination based on race, color, sex, religion or national origin.

Title 5 of the Education Code
The President may prescribe rules which shall prohibit, as nearly as conditions of good administration warrant, discrimination because of handicapping condition in an Executive agency or in the competitive service with respect to a position the duties of which, in the opinion of the Office of Personnel Management, can be performed efficiently by an individual with a handicapping condition, except that the employment may not endanger the health or safety of the individual or others.

Section 504 of the Rehabilitation Act of 1973 (PL93-112)
Section 504 is civil rights statute that prohibits discrimination on the basis of disability. It obligates colleges and universities to make certain adjustments and accommodations, and offers to students with disabilities the opportunity to participate fully in the educational process.

Section 504 of the Rehabilitation Act of 1973, as amended (PL 935-161)
States that "no qualified handicapped person shall, on the basis of handicap, be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives or benefits from Federal financial assistance."

Victor Valley College strives to create a positive atmosphere for unencumbered learning. Physical accessibility to all areas on campus and specialized accommodation in instructional and activity classes continues to be a fundamental goal of ACCESS. The ADA Compliance Officer will work with and for the college community to help eliminate discrimination and provide physical and program access.

Lanterman Developmental Disabilities Services Act
The Lanterman Developmental Disabilities Services Act was enacted in 1977. It states that "persons with developmental disabilities have the same legal rights and responsibilities guaranteed all other individuals by the Federal Constitution and laws and the constitution and laws of the State of California. No otherwise qualified person by reason of having a developmental disability shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity which receives public funds" (Section 4502 of the Welfare and Institutions Code). Since these rights are frequently denied and there is no effective method of implementation, a State Council on Developmental Disabilities was created (Welfare and Institutions Code 4520).

Section 508 of the Rehabilitation Act (as amended in 1998)
508 creates, binding, enforceable standards for electronic and technology accessibility that are to be incorporated into the Federal procurement regulations.

Each Federal department/agency is required to revise their procurement policies and regulations to incorporate the 508 standards.

That Act defines "information technology" to include "any equipment or interconnected system or subsystem of equipment, that is used in the automatic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information." It includes computer hardware, software, networks, and peripherals as well as many electronic and communications devices commonly used in offices.

Section 508 requires that when Federal agencies develop, procure, maintain, or use electronic and information technology, they must ensure that it is accessible to people with disabilities, unless it would pose an “undue burden”* to do so. Federal employees and members of the public who have disabilities must have access to and use of information and services that is comparable to the access and use available to non-disabled Federal employees and members of the public.

Federal agencies, which provide information to the public or to their employees through Web sites, must ensure that such sites are available to all persons with internet or intranet access, including persons with disabilities.


Last Updated 11/27/17