The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1 - 146

Mark Bauman • Denise L. Davidson • Michael C. Sachs • Tegan Kotarski

Section 504 (Weber, 1995), the ADA restated
the goal of, among other things, “equal access
to public services and programs” (Molesso,
2006, p. 694), which was specifically asserted
in Title II of the act (LaCheen, 2001). Though
the term public is used, it is noteworthy that
Title III of the Americans with Disabilities Act
also applies to private educational institutions
(Bryan & Myers, 2006). Since the act’s passage,
access to higher education, both public and
private, has expanded significantly for people
with disabilities (Lynch & Gussel, 2011). In
fact, as Newman et al. (2011) reported, “60%
of young adults with disabilities . . . continued
on to postsecondary education within 8 years
of leaving high school” (p. xv).
The ADA includes two primary components important for institutions of higher
education:
1. Whether or not a student has a qualifying
disability and
2. if the student has a qualifying disability,
whether or not the accommodations
requested by the student are reasonable or
unreasonable. (smith & allen, 2011, p. 768)
In the original act, disability was broadly
defined as “a physical or mental impairment
that substantially limits one or more major
life activities; a . . . history or record of such

The burden related to providing
evidence of disability and
any subsequent request for
accommodation must come from
the student.
146

an impairment; or being perceived by others
as having such an impairment” (United States
Department of Justice, 2009, ADA Section, p.
1). Various court rulings narrowed this definition, thus restricting rather than enhancing
access to services (Burke, Friedl, & Rigler,
2010). In response to this constriction, and
with unanimous approval from Congress, the
Americans with Disabilities Act Amendments
Act (ADAAA) was enacted. These amendments, implemented on January 1, 2009, were
designed to address what Burke et al. (2010)
asserted was an “erosion” (p. 64) of the initial
ADA statute by expanding certain language, including the definition of disability. Specifically,
the ADAAA “emphasizes that the definition of
disability should be construed in favor of broad
coverage of individuals to the maximum extent
permitted by the terms of the ADA and generally shall not require extensive analysis” (U.S.
Equal Employment Opportunity Commission,
n.d., para. 1).
The burden related to providing evidence
of disability and any subsequent request for
accommodation must come from the student.
Further, the documentation must demonstrate
“that the assessment and the recommendation
for accommodations are related to that disability” (Rothstein, 2010, p. 859). This responsibility—which shifts to the student as he or she
enters postsecondary education—rests on the
school during that same student’s years of basic
education (Rothstein, 2010). As a result, even
though institutions of higher education must
clearly communicate various policies and procedures related to students with disabilities and
subsequent accommodations (Lynch & Gussel,
2011), some students may be underprepared
to advocate for themselves as they move from

The JourNal of College aNd uNiVersiTy sTudeNT housiNg
The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1

Table of Contents for the Digital Edition of The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1
