Legal Protection Against Discrimination for Students in Higher Education: Four Leading Issues

This article discusses four major topics concerning claims under the ADA and the Rehabilitation Act made by college and university students with learning disabilties: (1) Which students are considered disabled so as to be covered by the laws; (2) Should deference be given to colleges and universities regarding their decisions about student selection and accommodations; (3) What accommodations must be afforded during testing; and (4) What obligations do colleges and universities have to prevent harassment of students with learning disabilities. It concludes with a brief discussion of the benefit to academic institutions from adoption of inclusive practices with respect to students with learning disabilities.