The Journal of College and University Student Housing - Volume 44, No. 3 - 33

Different is Not Deficient

equal access for all people with disabilities.
in terms of education, aDa required a nondiscriminatory (rather than appropriate) public
education (Boroson, 2017; emphases added).
additionally, aDa encompassed public and
private higher education institutions via its
titles ii and iii (Bauman et al., 2013). according to smith and allen (2011):
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 (p. 768).
With respect to the first component, subsequent court decisions in the wake of aDa's
passage collectively served to narrow definitions of "qualified disability" (Bauman et al.,
2013). the 2009 americans with Disabilities
act amendments act (aDaaa) expanded
aDa's scope largely by broadening the definition of "life activities," which effectively
extended aDa protection to many more citizens. according to Cortiella and Kaloi (2009),
the aDa defined disability as an impairment,
mental or physical, that substantially limits or
prevents an individual from full engagement
in life activities including breathing, sensing
(e.g., seeing, hearing, speaking, completing manual tasks), learning, and caring for
oneself. the aDaaa covered additional life
activities including eating, reading, sleeping,
walking, standing, lifting, bending, working,
and-of particular relevance to this article-
concentrating, thinking, and communicating.
only 36 years after the 1973 rehabilitation act
instituted educational opportunities for children with disabilities, the aDa and aDaaa

advanced a broad range of civil rights for
people with disabilities in virtually all aspects
of living. Currently, medical and mental
health providers, rehabilitation specialists,
and related professionals diagnose disabilities
and may recommend appropriate accommodations as necessary.
With respect to the second component
above, federal and state disability discrimination laws require both public and private
institutions to provide reasonable accommodations for otherwise qualified college students with disabilities (Kaplin & lee, 2015). in
fact, state legislation is often more protective
than federal legislation, though this depends
on the state. specifically related to residence
life and housing professionals, "the regulations for section 504 of the rehabilitation act
on discrimination against people with disabilities require institutions to provide 'comparable, convenient, and accessible' housing
for students with disabilities at the same cost
as for nondisabled students. the regulations
also require colleges to provide a variety of
housing and that students with disabilities be
given a choice among several types of housing"
(Kaplin & lee, 2015, p. 451). on many campuses, a disability services office or related unit
is responsible for recommending reasonable
campus accommodations.
there is a myriad of accommodations
that colleges and universities grant qualified
students living within on-campus housing;
some examples include allowing an emotional support animal to live on campus with the
student, which some courts have determined is
required by the fair housing act (ligatti, 2010);
providing an air conditioner in a bedroom for
someone with respiratory difficulties; widen-

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The Journal of College and University Student Housing - Volume 44, No. 3

Table of Contents for the Digital Edition of The Journal of College and University Student Housing - Volume 44, No. 3