The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1 - 147

The Evolution of Disability Law

secondary to higher education. But this ability
to advocate for oneself is crucial, as it often indicates whether or not a higher education institution is even aware of a student’s disability
but also, and of equal importance, whether or
not a particular accommodation can be made.

“. . . ‘meaningful access’ requires

When a student provides appropriate
documentation of a disability, a request for
reasonable accommodation can be made. As
Simon (2000) asserts, “The law imposes not
only a prohibition against discrimination but
also, in appropriate circumstances, a positive obligation to make ‘reasonable accommodation’” (p. 70). As with many features of
these laws, there are intersecting points. For
example, Section 504 provides that “recipients . . . shall make such modifications to its
academic requirements as are necessary to
ensure that such requirements do not discriminate or have the effect of discriminating,
on the basis of handicap” (U.S. Department of
Education, n.d., para. 1). The Supreme Court
in Alexander v. Choate elaborated:

disabilities.”

The benefit itself, of course, cannot be defined
in a way that effectively denies otherwise
qualified handicapped individuals the
meaningful access to which they are entitled;
to assure meaningful access, reasonable
accommodations in the grantee’s program or
benefit may have to be made. (1985, p. 301)
As Simon (2000) concludes, “‘meaningful
access’ requires institutions to modify their
programs and services to provide accommodations to students with disabilities” (p. 70).

FAIR HOUSING ACT
Originally codified in 1968, Title VIII of the
Civil Rights Act—commonly known as the Fair
Housing Act—was designed to remove segre-

institutions to modify their
programs and services to provide
accommodations to students with

gated housing and create more integrated living
patterns (Schill & Friedman, 1999). Though
laws (e.g., Civil Rights Act of 1964) and case
decisions (e.g., Gautreaux v. Chicago Housing
Authority, 1967) existed affirming the illegality
of segregated housing prior to 1968, the functional impact was negligible. Even with the Fair
Housing Act of 1968, “housing discrimination
remained endemic in the United States [and]
the Federal Government was either powerless
or unwilling to take major steps to enforce
the Act” (Schill & Friedman, 1999, p. 58). In
response, Congress passed the Fair Housing
Amendments Act (1988), which was designed
to broaden language related to discrimination and to strengthen enforcement avenues
available to the Office of Housing and Urban
Development (HUD) (Godschalk, 2012). The
1988 Fair Housing Amendments Act asserted
that “making housing unavailable to persons
because of race or color, religion, sex, national
origin, familial status, or disability” is prohibited (United States Department of Justice, n.d.,
para. 1). The Fair Housing Amendments Act
included the now less preferred term “handicap” as a protected class, substantially expanding rights for people with disabilities with
regard to housing (Rothstein, 2010).
The question applicable to colleges and
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Table of Contents for the Digital Edition of The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1

The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1
Volume 39, No. 2 Table of Contents
Letter from the Editor
Factors That Play a Role in First-Year Students’ On-Campus Housing Decisions
Influence of Academically Based Living-Learning Communities on Men’s Awareness of and Appreciation for Diversity
Using the Theory of Planned Behavior to Predict Resident Assistants’ Intention to Refer Students to Counseling
Parental Notification of Alcohol or Drug-Related Violations: Parents’ Perceptions and Reactions to the Practice
Counselor, Teacher, Role Model, Cop: Understanding RA Satisfaction Through the Use of Metaphor
Living and Learning in College
The Past, Present, and Future of Residential Colleges: Looking Back at S. Stewart Gordon’s “Living and Learning in College”
The Journal of College and University Student Housing Volume 40, No. 1 – Addressing the Needs of Residential City University, Students with Disabilities Theme Issue
Volume 40, No. 1 Table of Contents
Introduction - Addressing the Needs of Residential Students with Disabilities
Service, Comfort, or Emotional Support? The Evolution of Disability Law and Campus Housing
Implementing Universal Design: A Collaborative Approach to Designing Campus Housing
Supporting Students with Severe Physical Disabilities: The Illinois Model
College Students with Intellectual Disabilities: How Are They Faring?
A Collaborative Support Model for Students on the Autism Spectrum in College and University Housing
When Community and Conduct Collide: Residents with Invisible Disabilities and the Student Conduct Process
The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1 - The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1
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The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1 - Letter from the Editor
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The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1 - Using the Theory of Planned Behavior to Predict Resident Assistants’ Intention to Refer Students to Counseling
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The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1 - Parental Notification of Alcohol or Drug-Related Violations: Parents’ Perceptions and Reactions to the Practice
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The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1 - Living and Learning in College
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The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1 - The Past, Present, and Future of Residential Colleges: Looking Back at S. Stewart Gordon’s “Living and Learning in College”
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The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1 - Volume 40, No. 1 Table of Contents
The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1 - Introduction - Addressing the Needs of Residential Students with Disabilities
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The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1 - Service, Comfort, or Emotional Support? The Evolution of Disability Law and Campus Housing
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The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1 - Implementing Universal Design: A Collaborative Approach to Designing Campus Housing
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The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1 - Supporting Students with Severe Physical Disabilities: The Illinois Model
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The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1 - College Students with Intellectual Disabilities: How Are They Faring?
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The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1 - A Collaborative Support Model for Students on the Autism Spectrum in College and University Housing
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The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1 - When Community and Conduct Collide: Residents with Invisible Disabilities and the Student Conduct Process
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