Having a disability has no bearing on a student’s ability to succeed in college. A disability simply means a student requires support or accommodations as part of their education.
While colleges and universities have fewer responsibilities toward students with disabilities, schools are still required to provide accommodations and support. The biggest difference is that students have to be proactive in requesting accommodations.
That a student is in college or graduate school doesn’t mean they no longer require support or accommodations. Schools cannot deny a student reasonable accommodations, and both schools and professors must be willing to work with students to enable them to learn and benefit from an education.
Colleges and universities are required to provide disability support and accommodations to students. If you’re a college or graduate student with a disability and not receiving the services you’re legally entitled to, contact the Education Law Team at the LLF National Law Firm. Call us at 888-535-3686 or fill out an online form.
Section 504 and the ADA
Two federal laws, the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA), cover college and graduate students with disabilities. The Rehabilitation Act of 1973 was the first major federal law protecting individuals with disabilities. The ADA is the most expansive federal law for protecting individuals with disabilities.
Section 504 of the Rehabilitation Act is the key law for protecting students with disabilities and their right to an education. College and graduate students should rely on Section 504 to receive support from their schools.
What Section 504 Covers
Any program that receives federal funding must follow Section 504. This includes the majority of colleges and universities. Schools must provide accommodations not only for educational activities and in the classroom but also for extracurricular activities and housing.
Both the ADA and Section 504 use the same definition of disability. Students are considered to have a disability when:
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They have a physical or mental impairment, and that impairment substantially limits one or more major life activities.
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They have a record of a physical and mental impairment.
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They are regarded as having a physical or mental impairment.
Differences from K-12 Disability Support
Students who had known disabilities during their K-12 years are likely familiar with the Individuals with Disabilities Education Act (IDEA). This law is a cornerstone for disability rights for K-12 students. IDEA requires all public school districts to provide special education services to all eligible students, regardless of whether the student is enrolled in the school.
IDEA places several requirements on K-12 public schools. These range from identifying and assessing students with potential disabilities to providing students with an IEP and having annual reviews of that IEP. All of these services must be provided to students free of charge.
These requirements are part of why college can be an adjustment for students who were covered by IDEA during their K-12 years. IDEA no longer applies once students graduate from high school and start college. Students must now rely on Section 504, which puts fewer requirements on colleges and universities about their responsibilities to students.
Self-Advocating in College
Students with disabilities in college are expected to be their own advocates. Colleges and universities no longer have to identify or assess students for potential disabilities. The responsibility now falls on students.
The unfortunate truth is that the majority of students who have disabilities don’t request support once in college. This is despite students with disabilities having a higher rate of dropping out compared to their peers.
Colleges and universities still have a legal obligation to provide support and accommodations to students with disabilities. The Education Law Team at the LLF National Law Firm assists our clients in making sure they have access to the services that can help them succeed in college.
Evaluation and Assessment
One of the biggest changes from K-12 schools to college is that schools no longer have to evaluate or assess students for disabilities. Students now bear the full responsibility for the entire process, including the cost for any assessment or reassessment of their disability or potential disability.
Where colleges and universities have a responsibility is providing students with guidance on what documentation they must provide to the school. Students shouldn’t have to guess about what a school requires to provide a student with accommodations, and documentation requirements should be enforced uniformly.
If a college or university isn’t accepting a student’s documentation, regularly changing requirements for documentation, or not providing help or information on what information they require, contact the Education Law Team at the LLF National Law Firm.
Documentation
Colleges and universities can and usually will require students to provide evidence of their disability. It’s generally not enough for a student to say, “I have a disability, and this is the support I want.”
On the flip side, colleges and universities should provide clear guidelines on what type of documentation students must provide, and documentation must not place an unreasonable burden on a student.
Documentation can vary depending on the disability and the type of accommodation a student requires. The requirements should be the same for every student with a similar disability or request.
For example, the University of Texas at Austin has its documentation guidelines available on its website. The university divides these requirements by disability. The University of Maryland, in comparison, has more general guidance for accommodations as well as separate pages for undergraduate and graduate students.
Types of Accommodations
Especially for residential colleges and universities, accommodations can cover not just the classroom but also residential facilities, parking, and dining.
The University of Georgia, for example, lists the following types of accommodation services:
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Academic accommodations, including testing and course-related accommodations
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Temporary accommodations
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Housing accommodations
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Transportation assistance
A student may only require certain types of accommodations or all types of accommodations. Section 504 and the ADA cover all types of accommodations, and schools cannot limit a student’s accommodation requests or say that they can only have a certain number of accommodations.
Reasonable Accommodations
Colleges and universities have a responsibility to provide students with reasonable accommodations. Accommodations don’t have to provide a student with disabilities with the exact experience as other students, but a similar experience that allows that student to benefit from their education.
Similar to K-12 schools, colleges and universities don’t have to provide every single type of accommodation, the best accommodation, the most expensive, or the most effective. Schools don’t have to provide an accommodation that places an undue burden on the school or the staff. They have a reasonable amount of time to provide an accommodation, and they don’t have to provide any accommodation that fundamentally alters a course or activity.
What’s Reasonable?
Determining what is and isn’t a reasonable accommodation can be a source of disagreement between schools and students. Different students may require different accommodations, even if they have the same disability.
To determine whether an accommodation is reasonable, both colleges and students should consider the entire situation and a variety of factors, such as:
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What’s the proposed accommodation’s financial and administrative cost?
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What are possible alternative accommodations?
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How effective are alternative accommodations?
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What burden, if any, would an accommodation place on other members of the community?
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Would an accommodation fundamentally change a program or course?
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What existing resources or infrastructure does a school already have in place for an accommodation?
Accommodations should put a student on similar, not identical, footing to other students in the same course or program.
What is or isn’t a reasonable accommodation can be subjective. If you believe your college or university is rejecting your request for a reasonable accommodation, contact the Education Law Team at the LLF National Law Firm.
Undue Burden
Colleges and universities don’t have to provide any accommodation that would put an undue burden on the school or any member of the school community, including faculty and staff.
Schools can consider a student’s requested accommodation against the burden it places on others. Colleges and universities can refuse to provide an accommodation that they believe would put other individuals in a worse position or increase their work or responsibilities, and are unlikely to be approved.
Similar to reasonable accommodations, determining whether an accommodation puts an undue burden on anyone depends on the situation and the surrounding details. Questions to consider:
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How would the accommodation benefit and support the student?
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Would the accommodation give the student an advantage over other classmates?
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What’s the expected financial cost?
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What would be the impact on faculty and staff time and resources?
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Would the accommodation benefit other members of the school community, either now or in the future (e.g., a ramp into a building)?
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Would the accommodation create a disruption or potential risk?
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How does a proposed accommodation compare to alternative options?
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How effective is the proposed accommodation compared to the alternatives?
What accommodations do or do not create an undue burden isn’t always a clear-cut answer.
An accommodation may be inexpensive but require a significant time commitment by faculty members. An accommodation may be less effective for the student but carry a significantly more cost-effective price. A college or university may agree to an expensive accommodation if it would benefit current and future members of the school community.
Unfortunately, some colleges or universities may claim that an accommodation creates an undue burden to avoid their responsibilities. Schools should be open about their reasons for denying an accommodation. In these situations, the Education Law Team at the LLF National Law Firm works with our clients to ensure colleges and universities honor their legal responsibilities.
Fundamentally Alter
If an accommodation would fundamentally alter a course or activity, schools don’t have to provide an accommodation. If an accommodation would alter a course’s primary purpose or requirements, that accommodation is unlikely to be approved.
Colorado State University highlights that whether a requested accommodation would fundamentally alter a course is decided on a case-by-case basis. The university considers the following questions as part of that determination:
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What fundamental course objective would an accommodation change?
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Does this fundamental objective serve a practical academic function?
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How would a requested accommodation alter a fundamental course objective?
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What’s the history of approved accommodations for this class?
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What alternate ways, if any, could a student demonstrate competence without undermining the essential course objectives?
Different schools may have different ways of determining what is or isn’t a fundamental alteration for a course. An accommodation that works for one course may not be reasonable in another course.
For example, a student with hand tremors is unlikely to become a dentist because their disability touches on fundamental requirements for the profession and training. That same student could likely complete the coursework to become a lawyer, and any accommodations wouldn’t fundamentally alter course requirements.
Reasonable Time
Colleges and universities generally request that students file paperwork and documentation for disability support before the start of a semester. Schools have a reasonable time to implement accommodations, and disability services offices often work with hundreds or thousands of students.
Many schools recommend that students, especially new students, work with disability services offices before the start of the semester. This ensures that all documentation and paperwork are completed before the start of the semester.
Cost, the expected time it will take to implement an accommodation, the complexity of an accommodation, the novelty or uniqueness of an accommodation, and other details can affect what defines a reasonable amount of time for an accommodation. An accommodation that requires a building permit, for example, will likely require a longer period of time than a standard testing accommodation.
If you believe your school is deliberately delaying accommodation requests, contact the Education Law Team at the LLF National Law Firm.
Modifying Accommodations
For a variety of reasons, students may need to request a change of accommodations during the school year. They may find that an accommodation is ineffective or changes to their situation necessitate modifications.
Whatever the reason, colleges and universities should have procedures in place to allow a student to request a change in accommodations. The City University of New York requires students to contact their campus disability service provider to request a change in accommodations.
Protect Your Education
A disability shouldn’t be a bar to your education. Accommodations are simply an acknowledgement that some students require a different path to reach the same point.
Whether a community college or a world-renowned research university, schools have a legal obligation to provide students who have disabilities with reasonable accommodations. If a school is falling short in its responsibilities, the Education Law Team at the LLF National Law Firm can help.
We work with undergraduate and graduate students nationwide to protect their right to an education and the accommodations they require to succeed. Call us at 888-535-3686 or fill out an online form.