ADA in higher education: supporting and protecting the campus community

As recipients of Title IV federal funds (i.e., financial aid), nearly all U.S. colleges and universities are subject to the Americans with Disabilities Act (ADA) and Sections 504 and 508 of the Rehabilitation Act of 1973 (Rehabilitation Act).

The ADA provides broad nondiscrimination protection in employment, public services and public accommodations for individuals with disabilities. Under the ADA, both public and private colleges and universities are required to provide equal access to postsecondary education, including extracurricular activities for students with disabilities.

Section 504 of the Rehabilitation Act prohibits discrimination on the basis of physical or mental disability. In 1998, Congress enacted Section 508 to reduce the obstacles in information technology for people with disabilities by requiring electronic and information technology to be accessible to people with disabilities, including employees and members of the public.

The inconsistences and the unknown

A rise in compliance review requests from the Office of Civil Rights (OCR), lawsuits with national associations and grievances filed by individual community members (students, faculty, staff, etc.) has increased the level of scrutiny institutions face.

As a new semester begins and a new community is welcomed, the ADA is in place to ensure equal access and opportunity for everyone in it. But what happens if disability barriers are unknown or internal controls are inconsistently maintained?

Trending risks

Governance

• Discriminatory admission and enrollment practices
• Loss of accreditation and/or funding

Process

• Failing to provide a reasonable accommodation
• Student accommodation requests are not reviewed and/or addressed in a timely manner

Technology

• Learning Management System (LMS) does not accommodate screen reader functions
• Public-facing websites are not accessible to all individuals

Other risks to consider