Disability Discrimination: University's Duty To Accommodate Students

Discrimination against students with disabilities is prohibited by federal law in the United States. Two federal laws that protect college students with disabilities from discrimination are Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973. Title II of the ADA protects people with disabilities from discrimination by state-funded schools, while Section 504 of the Rehabilitation Act states that schools receiving federal funding may not discriminate on the basis of disability.

Despite these protections, students with disabilities can still face discrimination in the admissions process, academic requirements, and dismissal procedures. For example, students with disabilities may be held to different standards during the admissions process or denied reasonable accommodations that would allow them to participate in academic programs.

To address these issues, colleges and universities are required to provide reasonable accommodations and modifications to ensure that students with disabilities have equal access to education. This includes making changes to policies, practices, and facilities to remove architectural barriers and ensure accessibility.

Students who feel they have been discriminated against because of their disability have several options for filing a complaint or taking legal action. It is important for students to know their rights and the resources available to them to ensure they receive equal access to education.

What does the law say about disability discrimination in universities?

In the United States, there are two federal laws that protect college students with disabilities from discrimination: Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973.

Section 504 of the Rehabilitation Act

Section 504 stipulates that no qualified person with a disability can be denied participation in, or be subjected to discrimination under, any program or activity that receives federal financial assistance. This includes almost all public colleges and most private colleges, as they receive federal funding in the form of grants or student loans.

Compliance and Enforcement

To demonstrate compliance with Section 504, colleges must file an assurance of compliance, provide notice of non-discrimination, identify a specific employee to coordinate compliance, conduct a self-evaluation, engage in voluntary action to correct circumstances that limit the participation of students with disabilities, adopt grievance procedures, and remediate any violations. The Office for Civil Rights (OCR) is responsible for enforcing Section 504 in educational institutions.

Definition of "Person with a Disability"

A person with a disability is defined as anyone with a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such an impairment. The determination of whether someone has a disability is made on a case-by-case basis.

Reasonable Accommodations

Colleges must make reasonable accommodations for students with disabilities unless doing so would result in a fundamental alteration of the program or cause undue financial or administrative burden. Accommodations may include auxiliary aides or services, modifications to policies and procedures, extended time for testing, and the use of service animals.

Admission and Dismissal

Colleges are prohibited from discriminating against qualified individuals with disabilities in their admissions processes. Applicants are not required to disclose information about their disability before admission, and admission tests must measure aptitude rather than the effects of a disability. However, applicants who wish to request accommodations must disclose their disability and show the relationship between their disability and the need for accommodation.

Students with disabilities may not be discriminated against in the dismissal process either. Colleges must provide an individualized assessment of the qualifications of students with disabilities to ensure that traditional criteria have not arbitrarily screened out otherwise qualified applicants.

State Laws

In addition to federal laws, there are also state laws that protect the rights of students with disabilities in higher education. For example, the Unruh Civil Rights Act in California prohibits discrimination by a "business establishment," and the Disabled Persons Act protects the rights of people with disabilities to access public buildings, facilities, and other spaces.

What are the rights of students with disabilities in higher education?

Students with disabilities have the right to equal access to higher education. This means that a school cannot exclude a student from its programs, services, or activities because of their disability. This includes access not only to academic programs but also to recreational programs, student services, campus transportation, student housing, counselling, and other services. Schools cannot segregate students with disabilities from other students, nor can they prohibit them from enrolling or use admission criteria that screen out students with disabilities.

There are several laws in place to protect the rights of students with disabilities in higher education, including the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act. These laws prohibit discrimination against people with disabilities and require schools to provide reasonable accommodations.

Students with disabilities have the right to request reasonable modifications to policies, practices, and procedures to ensure equal access. Schools must provide these modifications unless they would result in an undue financial or administrative burden or fundamentally alter the nature of the service, program, or activity. Examples of reasonable modifications include extended time on tests and assignments, in-class note-takers, textbooks and materials in alternative formats, and excused absences for medical needs.

To request a reasonable modification, students must typically contact the school's disability services office and provide documentation of their disability. The school may then engage in an interactive process to find a modification that works for both the student and the school.

If a student feels that their rights have been violated, they can file a complaint with the Office for Civil Rights of the U.S. Department of Education (OCR) or take legal action. It is important to note that the laws and procedures regarding disability rights in higher education may vary depending on the country and specific institution.

What are the responsibilities of universities in accommodating students with disabilities?

Universities have a responsibility to ensure that students with disabilities have equal access to higher education. This means that universities cannot exclude students from their programs, services, or activities because of their disability. Universities must also ensure that students with disabilities are not segregated from other students and are allowed to bring their service animals to campus.

Universities must take steps to ensure that their programs are accessible to people with disabilities. This includes making sure that buildings and facilities comply with architectural accessibility requirements. If removing architectural barriers is not feasible, universities must modify their policies and practices to ensure that students with disabilities still have access to services, programs, and activities. For example, if a student who uses a wheelchair enrolls in a class that meets in an inaccessible building, the university must relocate the class to an accessible building.

Universities must also make reasonable modifications to policies, practices, and procedures when necessary to give students with disabilities equal access. Modifications should be tailored to the individual needs of the student requesting them and can include extended time on tests and exams, extra time to complete assignments, in-class notetakers, textbooks and academic materials in alternative formats, excused absences for medical needs, and priority registration.

To request a modification, students must first make the request to the university, explaining what they need and why it is necessary for their disability. The university may ask for more information or documentation to support the request. Once the university has all the necessary information, they must make a decision within a reasonable amount of time.

If a university denies a request for a modification, they should suggest an alternative modification that they are willing to provide. If the student is not satisfied with the alternative, they may need to take steps to enforce their rights, such as filing a grievance or complaint with a government agency or filing a lawsuit.

Universities also have a responsibility to address disability harassment, which is unwelcome conduct based on a student's actual or perceived disability. This can include slurs, taunts, stereotypes, name-calling, physical threats, attacks, or other hateful conduct. Universities must take immediate and appropriate steps to investigate and resolve any incidents of disability harassment.

In addition, universities must ensure that students with food allergies are provided with the services and modifications they need to attend school safely. This can include implementing allergen-safe food plans, allowing students to carry their medication, and providing allergen-safe environments for eating and learning.

Overall, universities have a responsibility to provide reasonable accommodations and modifications to ensure that students with disabilities have equal access to higher education and are not discriminated against because of their disability.

What are the consequences of disability discrimination in universities?

Universities are required by law to provide students with disabilities equal access to higher education. This means that universities cannot exclude students from their programs, services, or activities because of their disability. This includes access not only to academic programs but also to recreational programs, student services, campus transportation, student housing, and counselling.

Despite these laws, disability discrimination in universities does occur. For example, a study by Lauren Rivera and András Tilcsik found that public school principals were less responsive to parents of disabled children when it came to providing information about schools. This discrimination was even more pronounced when the parent of a disabled child was perceived to be Black.

The consequences of disability discrimination in universities can be significant and far-reaching. Firstly, it can limit the educational opportunities and options available to students with disabilities, affecting their ability to access and succeed in higher education. This can have a knock-on effect on their future career prospects, as individuals with disabilities already face significant obstacles in the labour market, earning less than their non-disabled counterparts and experiencing underemployment.

Secondly, disability discrimination in universities can result in legal consequences for the institution. In the United States, there are several federal laws that protect the rights of students with disabilities in higher education, including the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act. These laws prohibit discrimination against individuals with disabilities in various areas of life, including higher education. If a university is found to be in violation of these laws, it can face legal consequences such as lawsuits, fines, or other remedial actions deemed necessary by the relevant authorities.

Additionally, disability discrimination in universities can lead to negative publicity and damage to the institution's reputation. With the increasing focus on diversity, equity, and inclusion in higher education, universities are under greater scrutiny than ever before when it comes to their treatment of students with disabilities.

Finally, disability discrimination in universities can have a detrimental impact on the mental health and well-being of students with disabilities. It can create a hostile environment that affects their sense of belonging and inclusion within the university community. This can lead to increased stress, anxiety, and depression, impacting their overall quality of life.

Overall, the consequences of disability discrimination in universities are significant and far-reaching. It is essential that universities take active steps to ensure equal access and opportunities for students with disabilities, not only to comply with legal requirements but also to foster an inclusive and supportive environment for all members of their community.

How can disability discrimination in universities be addressed?

Disability discrimination in universities can be addressed in several ways, and it is essential to understand the rights of students with disabilities and the responsibilities of educational institutions. Here are some key strategies to address disability discrimination in universities:

• Legal Framework and Policies: Universities should be aware of and comply with federal and state laws that prohibit disability discrimination, such as the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act. These laws ensure equal access to education and prohibit exclusion or discrimination based on disability. Universities should have clear policies and procedures in place to prevent and address disability discrimination, including designated coordinators for disability-related inquiries.
• Reasonable Accommodations: Universities are required to provide reasonable accommodations to students with disabilities. Accommodations may include extended time for exams, alternative formatting for course materials, assistive technology, or adjustments to physical facilities to ensure accessibility. Students should make requests for accommodations, and universities should engage in an interactive process to determine appropriate modifications.
• Equal Access to Programs and Activities: Universities must ensure that students with disabilities have equal access to academic programs, recreational activities, student services, transportation, housing, counselling, and other services. This includes ensuring that buildings and facilities are accessible and making necessary modifications to policies and practices when needed.
• Disability Support Services: Universities should have dedicated disability support services or offices that students can turn to for assistance. These services can help students understand their rights, request accommodations, and navigate the process of obtaining accommodations. They can also provide resources, guidance, and support tailored to the individual needs of students with disabilities.
• Complaint Procedures: Universities should establish clear and accessible complaint procedures for students who experience disability discrimination. Students should be able to report incidents, and universities should investigate and resolve complaints promptly and effectively. This may include internal grievance processes, external government agency complaints, or legal action if necessary.
• Staff Training and Education: Universities should provide training and education to staff members regarding disability rights, accommodations, and accessibility. This includes raising awareness about different types of disabilities, understanding the impact of ableist beliefs, and promoting a culture of inclusivity and respect for students with disabilities.
• Regular Evaluation and Adjustment: Universities should regularly evaluate and adjust their policies, practices, and facilities to ensure they are meeting the needs of students with disabilities. This includes reassessing accommodations and accessibility measures to ensure they remain effective and up-to-date, especially for students with changing or new disabilities.
• Student Advocacy: Students with disabilities should be encouraged and supported in self-advocacy. This includes helping students understand their rights, how to request accommodations, and how to navigate the university system. Providing resources and guidance can empower students to effectively advocate for themselves and ensure their needs are met.

By implementing these strategies and upholding the rights of students with disabilities, universities can create a more inclusive and accessible environment for all.

Frequently asked questions