Disability Rights: Can Universities Legally Terminate Students?

Students with disabilities are protected from discrimination by both state-funded and private colleges and universities under Title II and Title III of the Americans with Disabilities Act (ADA), respectively. Section 504 of the Rehabilitation Act of 1973 also protects college students with disabilities by prohibiting discrimination on the basis of disability for any school that receives federal funds.

The ADA and Section 504 provide post-secondary school students with many important rights. For example, post-secondary schools must not discriminate against qualified individuals with disabilities in their admissions process, and applicants with disabilities have the right to reasonable accommodations in the admissions and testing process.

However, it is important to note that the responsibility of disclosing a disability and requesting any needed academic adjustments falls on the student. Additionally, post-secondary schools are not required to make accommodations if doing so would result in a fundamental alteration of the program or pose an undue financial or administrative burden.

While the ADA and Section 504 provide important protections for college students with disabilities, it is worth noting that having a disability does not create an absolute entitlement to a college education or guarantee protection from dismissal.

The Americans with Disabilities Act (ADA)

Under the ADA, employers with 15 or more workers must provide reasonable accommodations to their disabled employees. Reasonable accommodations refer to adjustments or changes to the workplace that enable disabled workers to perform their tasks as successfully as people without disabilities, provided that such adjustments do not cause "undue hardship" for the company. Examples of reasonable accommodations include installing ramps, modifying the layout of the workplace, providing assistive technologies, offering a more flexible schedule, or changing an employee's job requirements.

The ADA also applies to the rights of college students with disabilities. Post-secondary schools must not discriminate against qualified individuals with disabilities in their admissions processes. Applicants are not required to disclose information about their disability prior to admission, and disclosure is always voluntary. Admissions tests must measure the applicant's aptitude rather than the effects of the disability. Applicants with disabilities have the right to reasonable accommodations in the admissions and testing processes, but they must disclose their disability and show the relationship between their disability and the need for accommodation.

Students with disabilities have the responsibility to make their disability known to the school and request any needed academic adjustments. Post-secondary schools must make reasonable accommodations unless doing so would result in a fundamental alteration of the program or cause undue financial or administrative burdens. Examples of reasonable accommodations in a college setting include auxiliary aides (e.g. qualified interpreters, assistive listening systems), modifications of policies and procedures (e.g. rescheduling classes to an accessible location, allowing service animals in the classroom), and examination accommodations (e.g. extended time, a quiet room).

It is important to note that having a disability does not create an absolute entitlement to a college education. For instance, if a student with a math disorder cannot pass a required math course, even with appropriate accommodations, they may not be qualified for a particular program.

Section 504 of the Rehabilitation Act of 1973

Section 504 stipulates that no otherwise qualified person may be denied participation in, or the benefits of, or be subjected to discrimination under any program or activity that receives federal financial assistance. This includes all operations of a college, university, or other postsecondary institution. To demonstrate compliance with Section 504, an educational institution 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. A college or university must offer reasonable accommodations to students with disabilities, unless it can be shown that such accommodations would result in an undue financial hardship. Reasonable accommodations may include adjustments to timelines for completing degree requirements, substitutions for course requirements, adaptations to specific courses, the use of tape recorders in classrooms, auxiliary aids such as interpreters, readers in libraries for visually impaired students, and adapted classroom equipment for students with manual impairments.

In the case of Hight v. University of Chicago, decided by the United States District Court for the Northern District of Illinois, Eastern Division, in October 2024, a student with multiple disabilities, including sickle-cell anemia, asthma, and several mental health conditions, was dismissed from the university's medical program. Hight alleged that the "unprofessional conduct" that led to his dismissal was caused by his disabilities and/or the medication he was taking to manage them. The court allowed disability discrimination claims to go forward, but dismissed failure-to-accommodate claims without prejudice, allowing them to be refiled if necessary. The court also allowed certain breach-of-contract claims to go forward, as Hight alleged that the university had not followed its usual disciplinary processes. However, the court denied compensatory damages, including emotional distress damages, under Title III and Section 504 of the Rehabilitation Act.

Title II of the ADA

The definition of disability, according to Title II, includes physical or mental impairments that substantially limit one or more major life activities, as well as any record of such impairment or being regarded as having such an impairment.

In the context of a university setting, satisfying the "otherwise qualified" requirement means that a student with a disability must be able to meet all the program's requirements, with or without reasonable accommodation. Universities are expected to engage with students to determine if any reasonable accommodations or modifications are possible, rather than immediately resorting to disciplinary action or dismissal.

The ADA also requires that newly designed or altered state and local government facilities, including educational institutions, be readily accessible and usable by individuals with disabilities. This includes ensuring that residential housing in educational settings complies with accessibility requirements.

Title III of the ADA

In the context of universities, Title III of the ADA requires that universities do not discriminate against students with disabilities and engage in an interactive process to determine if reasonable accommodations or modifications can be made. For example, if a student's disability or medication for their disability is causing them to act out, the university should work with the student to find solutions rather than immediately putting the student through the disciplinary system.

It's important to note that private parties cannot recover monetary damages under Title III of the ADA. However, courts can grant equitable relief, including temporary, preliminary, or permanent relief, and making facilities more accessible to individuals with disabilities.

The Family and Medical Leave Act (FMLA)

To be eligible for FMLA, an employee must have worked for their employer for at least 12 months and at least 1,250 compensable hours over the past 12 months. Additionally, the employee's worksite must have at least 50 employees within 75 miles.

FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees.

Employees can take FMLA leave for the following reasons:

• Birth and care of a newborn child
• Placement of a child for adoption or foster care
• Caring for an immediate family member (spouse, child, or parent) with a serious health condition
• Taking medical leave due to their own serious health condition
• Any qualifying exigency arising from a covered military member's active duty
• Caring for a covered servicemember with a serious injury or illness (up to 26 weeks of leave in a single 12-month period)

Frequently asked questions