There are more issues than only wheelchair accessibility at college institutions, including accommodations that require professors to change their teaching and testing methods. Too often is disability only phrased as can a person get into the building like everyone else, but there are more disabilities and far more accommodations one must consider and prepare for it to be an equitable playing field for everyone. Disability law covers a broad range from physical impairments to virtual accessibility to mental health issues. All of these are prevalent disabilities on college campuses. 

Before 1973, the 14th Amendment’s Equal Protection clause was the only protection afforded to those with disabilities in college. In 1973, Section 504 of the Rehabilitation Act became law, the first of several laws to require accommodations for students with disabilities. It was the first disability law, which gives civil rights to those with disabilities to raise them to an equal stance with non-disabled persons. This effort to achieve equity means that those with disabilities may participate and succeed equally without more barriers. 

The trend continued after the Rehabilitation Act with the Americans with Disabilities Act, as well as various court cases over discrimination and the ethics and necessity of accommodations for equity. 

As of 2017, there are “roughly 6.4 million students with disabilities between ages 3 to 21,” which makes up about “13 percent of all students.” The National Alliance on Mental Illness found that “43.8 million Americans, or 18.5% of the national population, experience mental illness every year.”

By looking at the laws that opened colleges to students with disabilities and the court cases that changed mindsets, the history of disability law in regards to the college setting and where those with disabilities stand now in college will become clear.

Section 504 of the Rehabilitation Act of 1973

This law protects those with disabilities receiving federal financial assistance. It demands that disabled students who are just as qualified as the other students must be allowed the same participation, benefits, and lack of discrimination. 

Inclusive of those with “physical or mental impairment which substantially limits one or more major life activities,” Section 504 does not list conditions to prevent leaving out someone’s disability. Therefore, this includes “hidden disabilities,” which allows for protection to all those with disabilities that are not apparent to the naked eye. Hidden disabilities may be physical impairments like a disease that does not have visible symptoms or a mental health disorder. 

Colleges are required to inform applicants of the “availability of auxiliary aids, services, and academic adjustments, and the name of the person designated to coordinate the college’s efforts to carry out the requirements of Section 504.” It is of note that they cannot ask people if they need any of these accommodations, it is only those who apply for the accommodations who will receive this information.

One test of the law occurred  in 1991, when Steven Wynne, a medical student suffering from dyslexia, sued his school. He claimed that his university was discriminating against him because of his disability. His disability inhibits him from completing multiple-choice tests to the best of his ability due to his dyslexia, so the university forcing him to take multiple-choice tests was unjust.

Wynne v. Tufts University School of Medicine defines the “otherwise qualified” language of Section 504 of the Rehabilitation Act, that despite Wynne’s dyslexia, he would have qualified.

The court affirmed this and reversed part of the lower court’s ruling. In the end, it established three tests for a university to dismiss accommodations: 

(a) officials with relevant duties and experiences considered the accommodation request; (b) that they meaningfully considered the impact on the program and the availability of alternatives; and (c) that they reached a rational conclusion that accommodations could not be offered.

This holding translates the “otherwise qualified” to “can complete program requirements with or without reasonable accommodation.” Simply ensuring that the university did not test Wynne with multiple-choice tests did not constitute an unreasonable aid.

Americans with Disabilities Act (ADA) of 1990

The Americans with Disabilities Act of 1990 is the nation’s first comprehensive civil rights law for disability that is enforced by the Office for Civil Rights (“OCR”) under Title 11. It prohibits discrimination by public entities, including public colleges, from denying qualified persons with disabilities the rights of any other qualified able-bodied person.

It is Title III of the ADA that explicitly states that those with disabilities must receive the “full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations” the entity can provide.

These two laws require that the discrimination would not be present but for the student’s disability. Therefore, all students must check the same “academic and technical standards” with or without accommodations.

ADA also defines unreasonable accommodations as those that would mean a “fundamental alteration” to the nature of the good, service, and on. The law requires “reasonable accommodations.”

Accommodations are a necessary part of being disabled in a college setting. However, some accommodations can drastically alter the experience of the person.

While Olmstead v. L.C. (1999) does not directly deal with college students, it impacts the application of the ADA. It states that the ADA does, in fact, require integrated settings for those with disabilities if that is their wish. Also, the public entity must take on the financial burden unless they show that the “allocation of resources to one patient will cause harm to others.”

Colleges are obligated to provide equal access, and can deny accommodations. Generally that means working to find other accommodations that fit the student and college’s needs. It is when there is no satisfactory compromise and discrimination present that gives rise to these court cases.

Interpretation of IDEA

The Individuals with Disabilities Act (IDEA) only applies to those in public education prior to their post-secondary career. High school students are no longer protected by this law, which demands their school accommodate their disability.

However, it is still important to note because of how it impacts high school life before transitioning to college. In 2017, the Supreme Court ruled 8-0 in Endrew F. v. Douglas County School District that students with disabilities must be afforded opportunities “to make ‘appropriately ambitious’ progress.” This ruling means that the students must be allowed the support and opportunity to be challenged so that they may succeed as far as they are able.

Chief Justice John Roberts wrote that IDEA demands more than simply minor educational benefits, “it requires an educational program reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.” This opinion may lead to the challenging and progress of more disabled students in public schools, preparing them for life beyond whether it be college or otherwise.

Academic Accommodations: What are they?

The different aids relate to the student’s disability and particular needs. Common accommodations include allowing more time for tests, allowing students to record lectures, modified deadlines, getting materials (syllabus, assignments, and more) earlier than other students, allowing for excused absences, and many more based on individual circumstances. 

Unlike public K-12 education, the burden in college rests on the students to seek university recognition of their disability, interacting with the disability office, and setting up accommodations with professors. Each semester the accommodations must be renewed. Note that every college has its own procedures for accommodations and offices. The disability resource center at the college requires documentation of diagnosis among other documentation.

Conclusion

Disability rights have expanded from equal protection to prohibiting discrimination and ensuring students get an equally rigorous path with the help required. The courts, lawmakers, and disability offices in colleges across the country are still developing what accommodations are necessary to allow students equitable footing in their college experience no matter the disability.

Students have to manage disability services on their own at college, which can produce difficulties when dealing with Disability Support Services (DSS) departments, like GW’s DSS. Students get their paperwork through DSS then have conversations with their professors about the syllabus and what accommodations they need in terms of getting their work done. 

The experience of disability in college is fluid, as students are required to be their own advocates and present documentation to get the rights afforded by the law and create their own accommodations with the correct faculty semesterly.