Accommodation of Persons with Disabilities at BYU Policy

Brigham Young University is committed to providing a working and learning atmosphere which reasonably accommodates persons with disabilities who are otherwise qualified to participate in BYU's programs and activities. It is the policy of BYU to prohibit unlawful discrimination against persons with disabilities and to provide reasonable assistance in bringing them into the mainstream of campus life. In order to accomplish this, BYU will comply with all applicable disability law.

Disability law is generally enforced through the Federal and state equal opportunity agencies, and unlawful discriminatory action by the University may result not only in litigation against the University, but the possible loss of Federal financial assistance. In view of the extensive legal regulation designed to assist persons with disabilities and to heighten public sensitivity to barriers faced by persons with disabilities, it is important the campus community be informed of its responsibilities under applicable disability law.

Section 504
Section 504 of the Federal Rehabilitation Act of 1973 (commonly referred to as "Section 504") is a broad anti-discriminatory federal statute legally applicable to BYU as a recipient of federal financial assistance. The Act prohibits discrimination against otherwise qualified individuals with disabilities desiring to participate in BYU's programs and activities and requires BYU to provide reasonable accommodations for them, provided, however, that such action does not place an undue hardship on the University. Section 504 is most generally applicable to BYU with respect to the accommodation of personnel and students with disabilities.

Section 504 contains extensive regulations that govern a number of BYU programs and activities, including admissions, academic programs, auxiliary aids, student housing, financial aid, employment, career counseling and placement, physical education and athletics, extracurricular and social activities, health care and health insurance, transportation services, and others.

Americans with Disabilities Act

The Americans with Disabilities Act (commonly referred to as the "ADA") was enacted into law in 1990 and was modeled after Section 504. The ADA attempts to establish a uniform national program to protect persons with disabilities from discrimination. The area most significantly impacted by the ADA at BYU is employment (Title I). While BYU is obligated to observe ADA provisions with respect to employment, the ADA exempts entities such as BYU, which are affiliated with or controlled by religious organizations, from the provisions of the public accommodations (Title III) of the Act. BYU will attempt in good faith to comply with those provisions of the ADA from which it is exempted to the extent reasonably practicable as determined at the sole discretion of BYU.

Participation in Continuing Education Programs

Continuing Education requires notification of a disability at least one month prior to the beginning of the program. Participants must contact the program administrator responsible for the Continuing Education program he/she will be attending. For all programs except Independent Study, the participant must also contact the BYU Accessibility Office at (801)422-2767 at least one month prior to the beginning of the program. For Independent Study, the participant must contact the program administrator at least one month prior to requesting their exam(s).

If you have any questions regarding these policies or any other aspects of the registration process, you may call 801-422-8925. Our office is open Monday - Friday, 8:00 a.m. - 5:00 p.m. Mountain Time.

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Confidentiality of Records Policy

The Family Education Rights and Privacy Act of 1974 (FERPA) controls access to student education records. Brigham Young University will make a reasonable effort to extend to eligible students and their parents the rights granted by the act. On presentation of appropriate identification and under circumstances that prevent alteration or mutilation of records, a student will be able to inspect all education records not considered by the university to be held under a pledge of confidentiality or considered to be private records of university personnel. Those with legitimate access to the records will be charged a reasonable fee for copies.

A student is entitled to an explanation of any recorded data and may initiate action pursuant to university policy through the Exception to University Policy Committee, if necessary, to correct or expunge information he or she considers inaccurate or misleading.

Faculty and administrative officers who have a legitimate need to use a student's education records will be allowed access to such records as needed without prior permission from the student. A request from an educational institution to which a student has applied for admission or from a lending institution from which a student is seeking financial aid will be granted without a student's permission. In addition, statistical data may be furnished to university accrediting bodies and governmental officials without a student's permission.

No personally identifiable information contained in a student's educational records, other than directory information, will be given to any third party, except as authorized by the act, without the student's written consent, and then only those records that are accessible to the student. The term third party is construed to include parents, spouse, employers, government agencies, or any other people or organizations. Parents or guardians may have access to grade reports and other reports of a student's activity if they establish to the satisfaction of the university that the student is dependent, for income tax purposes, on the parents or guardians for their support.

Court orders and subpoenas for records will be referred to the university's legal counsel and acted on according to the counsel's directions. The university will make a reasonable attempt to notify the student when non directory information is released in response to subpoenas or court orders.

Any eligible student or parent who believes that BYU has violated FERPA may file a complaint with the Family Educational Rights and Privacy Act Office, Department of Education, Washington, D.C.

Directory information (i.e. information contained in the educational record of a student that would not generally be considered harmful or an invasion of privacy if disclosed) will be released to news media and to others on request. Directory information includes the following:

Name
Addresses and phone numbers
Month, date, and place of birth
Names of parents or spouse
Major and minor fields of study
Participation in officially recognized activities and sports
Weight and height of members of athletic teams
Current class schedule
Pictures
Dates of attendance (current and past)
Number of months/semesters enrolled
Class standing (freshman, sophomore, etc.)
Total hours earned
Enrollment status (full-time, part-time, less than half-time)
Degrees and awards received
Previous education institutions attended
Anticipated future enrollments
Course registrations prior to the beginning of a semester or term
Expected date of graduation
Deferred registration eligibility
Religious affiliation to a student's local church or congregation

Students have the right, however, to refuse to permit the designation or disclosure of the above directory information. In that case, this information will not be disclosed except with the consent of the student or as otherwise allowed by FERPA. Any student wishing to restrict the release of directory information must file a written notification with Continuing Education, 194 HCEB, PO Box 21531 Provo UT 84602.

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Email Address Privacy

Email addresses are kept private and secure at BYU. BYU will only use this personally identifiable information for the purposes internal to BYU for which such information was provided, which includes contacting you regarding your enrollments as well as informing you of other programs offered. BYU does not share personally identifiable information with others.

Providing your email address is voluntary. You may change or remove your email address from our system at any time by editing your personal information online or by calling us at 801-422-8925.

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Social Security Number Privacy

Although providing your Social Security number is voluntary, the U.S. government requires Social Security numbers for U.S. residents registering in programs offering university credit. We are, therefore, unable to register you in a program offering university credit unless you provide your Social Security number.

BYU is committed to protecting the privacy of the personal information submitted by participants who are registering in Continuing Education programs and will only use this personally identifiable information for purposes internal to BYU for which such information was provided. BYU does not share personally identifiable information with others.