More students with disabilities are enrolling in higher education than ever before. This trend represents the most significant movement toward equal opportunity in education for a previously-unserved population since the civil rights and womens’ rights movements of the last century, and has captured the attention of policy makers, secondary and post-secondary educators, and civil rights advocates.
The trend was already evident in 1996, when students with documented disabilities in higher education numbered over 140,000, up by more than 200% from 1978. By the 2008-2009 academic year, a study conducted by the National Center for Educational Statistics showed that number had risen to approximately 707,000.
The increase in higher education aspiration, college enrollment, and degree completion by students with disabilities has been enabled by public policy and social developments of past decades.
The enactment of the Education for All Handicapped Children Act in 1975, and its later incarnation, the Individuals with Disabilities Education Act (IDEA), provided access to elementary and secondary education needed to make higher education a possibility for students with disabilities. Between 1973, when Section 504 of the Rehabilitation Act (Section 504) was passed, and 1990, when the Americans with Disabilities Act (ADA, specifically Title II), was passed, only modest progress was made in the willingness of higher education institutions to accept and accommodate students with disabilities. However, once the ADA was amended and regulations promulgated, higher education institutions began making buildings and programs accessible, and increased efforts to recruit and serve students with disabilities.
Today, more than 88% of 2-year and 4-year Title IV degree-granting postsecondary institutions report enrolling students with disabilities. Almost all public 2-year and 4-year institutions (99%) and all medium and large institutions (100%) report enrolling students with disabilities.
The influx of qualified higher education applicants with disabilities and their demand for accommodation can be attributed to improvements in the quality and effectiveness of education that students with disabilities received, and the fact that they themselves, their families and teachers have become increasingly aware of the potential to benefit from higher education.
While the ADA and Section 504 secured non-discrimination rights for students in higher education, the laws confer an entirely different set of rights and responsibilities than IDEA. These differences can be confusing for students with disabilities and teachers as they make decisions about whether higher education is an appropriate goal for transition.
Students with disabilities, parents, and teachers in secondary schools must know and understand students’ responsibilities and those of postsecondary schools under Section 504 and the ADA, in order to decide whether higher education is the right step. Anticipating the differences between the rights and responsibilities afforded by IDEA and the laws that apply in higher education will improve prospects for success.
Adding to the confusion is the fact there are a growing number of specialized programs designed to serve students with disabilities in higher education settings, with services that go well beyond the non-discriminatory protections afforded under federal laws. Such programs may be offered by the higher education institution or a third party educational partner for additional fees, and can include academic, residential and/or social supports. These programs may or may not be degree-granting depending on the population of persons with disabilities they serve. The popularity of these specialized programs, and their revenue-producing potential for the institution, have resulted in their rapid growth in recent years.
