Professional Documents
Culture Documents
Payton Albrecht
College students in the United States have come to college with health needs since
universities first opened their doors. In order to thrive, students need to be healthy in body and
in mind. Dependent on a student’s level of bodily and mental health as well as cognitive ability,
students may experience physical disabilities, mental disabilities or learning disabilities. Each of
these is important to student persistence and outcomes. This paper seeks to focus on disability in
concrete definitions of disability may be necessary for legal purposes, medical purposes, and
definition. Definitions and labels can serve as important tools to distinguish potential needs and
tools for students. For example, a “hard of hearing or deaf” student will not necessarily need the
same accommodation as a “visually impaired” student, but these definitions also tend to focus on
a deficit model. It is important to remember that disability is not solely based on medical
definitions and the varying levels of ability an individual is capable of, but that part of student
The Americans with Disabilities Act of 1990, Section 12102 defines the term disability as
person to whom “a physical or mental impairment that substantially limits one or more major life
activities… (ADA, 1990).” The document breaks down the definition of life activities into a
“general” category and “major bodily functions”. General life activities impacted by diagnosis
with a disability include “caring for oneself, performing manual tasks, seeing, hearing, eating,
concentrating, thinking, communicating, and working (ADA, 1990).” When referring to major
bodily functions, the document lists activities such as “the operation of a major bodily function,
including but not limited to, functions of the immune system, normal cell growth, digestive,
functions.” Individuals who have been seen to have had a disability are also included in the
Historical Context
The Americans with Disabilities Act of 1973 and Section 504. The Americans with
Disabilities Act of 1973 is a legal document that protects the basic rights of people with
disability from discrimination against receiving financial assistance from the Federal
Government. This legal document is categorized as a “disability civil rights law” and is the first
disability civil rights law to be passed in the United States. Significantly, this document also
Section 504 of the Rehabilitation Act of 1973 enabled opportunities to students with
disabilities in that the document mandates provision of “free appropriate public education” of the
American Public School system. This “free appropriate public education” extends to appropriate
the disability”. The concept of “free appropriate public education” is also referred to as
FAPE. FAPE applies to primary and secondary educational levels, and as dictated by Section
504, “FAPE consists of the provision of regular or special education and related aids and services
designed to meet the student’s individual educational needs as adequately as the needs of
At the higher education level, institutions are required to provide accommodations, aids,
and services that best help the student work through their area of study without changing the
curriculum or the student’s program of study (Eckes, 2005). Section 504 provides the promise of
a public education with the necessary accommodations and without discrimination whereas no
such guarantee existed for students with disabilities before (Protecting Students with Disabilities,
2015).
Americans with Disabilities Act (ADA) of 1990. Section 504 of the Rehabilitation Act of
1973 was a watershed document on which the basis of the Americans with Disabilities Act of
1990 was built. Where the Americans with Disabilities Act of 1973 barred discrimination on the
basis of disability when it came to receiving government funding, and Section 504 assured public
schools’ responsibility to accommodate the needs of students with disabilities, the Americans
with Disabilities Act of 1990 protects from discrimination and exclusion in “mainstream
participating in the democratic government on the local, state, and federal level (Introduction to
the ADA, n.d.). These protections allow students with disabilities with educational experiences
Americans with Disability Act Amendment Act of 2008. One of the main changes
enacted by the Americans with Disability Act Amendment Act of 2008 (ADAAA) came with
shifts in the definition of disability itself. Former definitions of disability in previous ADA
documents was viewed to be too narrow. Due to the shortsighted definition it was determined
that many individuals with disability were being denied services and accommodations and in fact
being discriminated on the basis of the definition included in documentation which had been
created with the purpose of protection. In particular, individuals at risk for being left out of the
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previous, unexpanded definition of disability included those who had “impairments such as
cancer, diabetes, and epilepsy (Fact Sheet on the EEOC’s Final Regulations and Implementing
the ADAAA, n.d.).” Largely, the definition of disability from the previous ADA documents
remained intact, but the ADAAA brought with it new rules focused on the interpretation of the
actual language of the definition. For example, rules focusing around phrases, “substantially
limits”, were established to expand the reach of the ADA protections (ADAAA, 2008).
Secondary Education vs. Higher Education. While the legislature in place seeks to
protect students with disability from discrimination, the law does not extend to secondary and
higher education in the same way. Section 504 effectively caters to individuals with disabilities
after they leave secondary education (whether they attend a higher education institution or not),
while the Americans with Disabilities Education Act (IDEA) focuses solely on primary and
secondary education with no bearing on higher education. Whereas Section 504’s legislature
“are focused primarily on anti-discrimination, or access” laws, IDEA focuses very specifically
The number of higher education students who are enrolling at institutions has been on an
upward trend. Between the years of 1991 and 1996 alone, college students with disabilities
increased over 10% (Eckes, 2005). This, however, does not mean that there is a proportionate
number of students with disabilities enrolling in higher education institutions. According a 2002
Census press release, only 8-14% of the total college student population is comprised of students
There exists on campus, and in wider society, stigma surrounding multiple types of
disabilities. This stigma exists in the classroom, and has real life implications for students with a
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disability. “… faculty’s attitudes toward students with disabilities, their awareness of these
students’ needs, and their knowledge of the reasonable accommodations available…” can have
an effect on whether or not a student with disabilities perseveres and attains a degree (Sachs,
2011). While in surveys conveyed in 2003 and 2005 informed researchers that 50% of students
with disabilities perceived that faculty members “understood their needs”, only half of those
students felt confident in the faculty members’ willingness to alter course materials to
accommodate students with disabilities. When asked whether or not faculty was educated well
Part of the reason only 8-14% of the college population are students with disabilities may
unfit for students with physical disabilities. However, these physical disabilities are more often
than not visually apparent. While not discounting students with physical disabilities, or
psychiatric disability, is a disability that impacts a student’s ability to function in the academic
setting but is not necessarily noticeable in terms of physical traits or behavior. It is not
uncommon for students with invisible disabilities to forego the disclosure of their disability, and
without disclosing the disability to the higher education institution they receive no
The American College Health Association National College Health Assessment for Fall
of 2016, a report that uses survey information 51 institutions to compile data, reported on
whether or not students had been diagnosed or treated for multiple factors related to psychiatric
disability. Students reported that within the 12 months leading up to being surveyed 10% had
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been treated or diagnosed in some way for anxiety, 7% for attention deficit and hyperactivity
disorder, 9% for depression, 4%with panic attacks, 2% for substance abuse or addiction and that
43% of students had experienced a high level of difficulty working on their academics. Of the
surveyed population, 28% reported receiving health care from a counselor, therapist, or
psychologist and 11% reported receiving health care from a psychiatrist. When asked if a
learning disability had impacted grades or academics in the last 12 months 6.2 students reported
that a learning disability had impacted them in some way (National College Health Assessment
for Fall 2016). Though the number may seem small, that would approximate to roughly 2
In regards to specific diagnosis, the following information was included: 8.0% of students
reported an attention deficit and hyperactivity disorder diagnosis, 4.9% reported a chronic illness
diagnosis, 1.8% reported deafness/hearing loss, 4.6% reported a learning disability, 0.9%
reported a psychiatric condition, 0.9% report a speech or language disorder, and 2.4% reported
that they had a disability, but that the disability was not listed as one of the survey options
looks like as they finish high school and as they enter college. In high school, students with
disabilities are given their own specialized Individual Education Program (IEP), a document that
encompasses a learning plan and the appropriate accommodations to ensure student learning.
However, students in higher education do not received IEPs, though their accommodations and
DISABILITY ON THE COLLEGE CAMPUS 8
tools are still determined by their individual needs. Instead of an IEP, many students with
disabilities put together a transition plan that details their needs, academic preparation, history,
and serve as a self-advocacy tool for the student as they transition into higher education. Often,
this is done with the student, parent, secondary school faculty and staff, and a “transition
specialist” (Eckes, 2005, p. 7). The purpose of the transition document is to set the student up
for success in seeking out, expression, and attaining accommodations appropriate to their needs
Disclosure vs. Find. As students enter higher education, it is important that students with
approaching and recognizing disability related needs (Eckes, 2005, p.9). In primary and
secondary education, IDEA dictates that it is task of the school to cite and confirm any potential
disability and to provide accommodations or an IEP after the school itself determines a
Higher education institutions are not directly informed of a student’s disability, but rather it is
left to the student’s discretion whether or not to inform the institution of any type of disability
because “Section 504 prohibits personnel in universities from making inquiries about students’
disability status (Eckes, 2005, p.9).” However, if the student chooses to disclose disability
status, it then becomes the responsibility of the higher education institution to “ensure an
making higher education more accessible for students with a disability. The term E-Learning
instruction (Seal 2014 p. 5). E-Learning implements multiple types of technology to enhance the
DISABILITY ON THE COLLEGE CAMPUS 9
actual content and delivery of curriculum. E-Learning, and its internet and technology based
approach and capabilities also make it possible for students with disabilities to receive content
and participate in the classroom completely on campus, completely via screen, or a mix of the
two depending on desires and needs. E-Learning technologies are plentiful and can be
Assistive Technologies. Assistive technologies are another popular tool to help students
with disability navigate higher education. Assistive technologies are defined as a “broad range
of devices, services, strategies, and practices that are conceived and applied to ameliorate the
problems faced by individuals who have disabilities (Seal 2014 p. 6).” That is, assistive
technologies are technologies that perform a task that makes content and curriculum accessible
to a student with a disability where it might not be accessible otherwise. Unlike general E-
Learning tools, assistive technologies have specified tasks and capabilities that accommodate to
specific needs of their user (Seal 2014). For example, some academic accommodations students
with disability may require include electronic versions of texts used in class such as lectures and
notes, audio recordings of classroom sessions, the use of a computer during exams, or closed
captioning on any media with audio used in the classroom (Types of Accommodations). This, of
more and more popular in higher education classrooms. The basis of this approach is
accommodations made for students in the classroom with disabilities, usually invisible
disabilities which typically align with learning and mental disabilities, are also extended to non-
disabled students in the classroom. For example, if a student in the classroom needed a
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recording of the lecture according to the Disability Resource Center’s appraisal and
accommodation offerings, a professor practicing universal design would make the recording
available to all students regardless of disability status. The core belief of universal design
focuses on ensuring that students are present and participating as content is being delivered, and
not preoccupied with taking notes or preparing materials to refer to outside of class. The logic
follows that by providing supplemental materials for all students, not just those whose mental or
cognitive abilities warrant additional materials, a richer learning environment and learning will
occur during class time. While this approach may seem to place all students at the same level
and provide equal opportunity and aids, not all students respond positively to universal
design. Some students actively seek the specialized tools and tasks that differentiate them from
the general student population, a concept that universal design works to obscure (Gose 2016).
education students with disabilities, actually providing accommodations does not come without
its challenges. One issue is the sheer volume of pedagogical approaches, tools, software, human
resources, and styles that accommodations may take the form of in the classroom. Another issue
is that accommodations at their best are extremely individualized, taking time and expert
personnel to determine the best types of accommodations across multiple fields of study for
multiple courses. Additionally, some “instructors are ill equipped to actually implement them
since many of them rely on lectures” or other passive teaching approaches “to deliver content
Conclusion
While less of the student population have a disability than those who do not, students
with disabilities still have a right to a reasonable education. The needs and appropriate
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accommodations are as varied as the disabilities students are diagnosed with, and should be
decided upon on a case by case basis. Legislation protecting students with disability is relatively
contemporary and still imperfect. Campus climates are not always welcoming and faculty are
not always prepared. However, technology and pedagogy continue to make the right to an
education and life without discrimination more and more accessible to students with disabilities.
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References
American College Health Association (2017) Undergraduate Student Reference Group Data
ncha.org/docs/NCHA-II_FALL_2016_UNDERGRADUATE_REFERENCE
_GROUP_DATA_REPORT.pdf
Americans With Disabilities Act of 1990, Pub. L. No. 101-336, 104 Stat. 328 (1990).
http://www.niu.edu/disability/accommodations/types/index.shtml
Disability Rights Education & Defense Fund (2017) Section 504 of the Rehabilitation Act of
rehabilitation-act-of-1973/
Eckes, S. E., & Ochoa, T.A. (2005) Students with Disabilities: Transition from High School to
Gose, B. (2016) Disability Experts Debate Merits of Universal Design. Retrieved October 02,
Sachs, D. (2011) Inclusion of Students with Disabilities in Higher Education: Performance and
https://books.google.com/books?id=xvBEAQAAQBAJ&printsec=frontcover&source=gb
s_ge_summary_r&cad=0#v=onepage&q&f=false
United States Department of Education (2015) Protecting Students With Disabilities. Retrieved
from https://www2.ed.gov/about/offices/list/ocr/504faq.html
United States Equal Employment Opportunity Commission (n.d.) Fact Sheet on EEOC’S Final
laws/regulations/adaaa_fact_sheet.cfm
United States Department of Justice Civil Rights Division (n.d.) Introduction to the AD.
United States Department of Labor (n.d.) Section 504, Rehabilitation Act of 1973. Retrieved
from https://www.dol.gov/oasam/regs/statutes/sec504.htm