The ADA and Section 504 in College Explained

Students who arrive at college in the United States often discover that the legal landscape has changed. In school, the law places the main duty on the school to identify students with disabilities and provide an individualized program. At college, those duties largely disappear, and a different set of laws applies.

These laws, mainly the Americans with Disabilities Act and Section 504 of the Rehabilitation Act, protect against discrimination and require reasonable accommodations, but they place more responsibility on students to ask. Knowing the basics helps you navigate the system, speak with disability offices and understand your options if something goes wrong.

This guide is general information, not legal advice. Laws, regulations and interpretations change, and individual situations differ. It uses no figures. For legal advice, consult a qualified attorney or a disability rights organization, and check official government guidance.

The two main laws

Section 504 of the Rehabilitation Act prohibits discrimination on the basis of disability by programs and activities that receive federal financial assistance. Most colleges and universities, public and private, receive federal funds, such as through student aid, so they are covered.

The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities in many areas of public life. Title II applies to public colleges and universities, which are state or local government entities. Title III applies to private colleges as places of public accommodation, though some religious institutions may be exempt.

In practice, both laws require colleges to provide equal access and reasonable accommodations. State and local laws may add further protections.

Who is protected

These laws protect people with disabilities, defined broadly.

• A physical or mental impairment that substantially limits one or more major life activities, such as learning, reading, concentrating, walking, seeing, hearing or working.
• A history of such an impairment, or being regarded as having one.
• Conditions that are episodic or in remission, if they would substantially limit a major life activity when active.
• The definition has been interpreted broadly, and may include learning disabilities, ADHD, autism, mental health conditions, chronic illnesses, sensory impairments and mobility disabilities.

Whether a particular condition qualifies depends on how it affects you, not only on the diagnosis. If you are unsure, ask the disability office. Our guide to disability services explained describes how offices assess eligibility.

What colleges must do

In general, colleges must:

• Not discriminate against qualified students with disabilities in admissions, programs and activities.
• Provide reasonable accommodations, modifications and auxiliary aids and services, so that students have equal access.
• Make programs and facilities accessible, including physical access and digital access.
• Have procedures for requesting accommodations and resolving complaints.
• Keep information confidential.
• Designate staff responsible for compliance.

Examples include extra time on exams, sign language interpreters, accessible course materials, adjusted attendance policies and accessible housing. Our guide to exam accommodations: extra time and alternatives and accessible campus housing describe common examples.

What colleges do not have to do

There are limits.

• They need not fundamentally alter essential requirements of a course or program, or lower academic standards.
• They need not provide accommodations that impose an undue financial or administrative burden.
• They need not provide personal services, such as personal care attendants or personal devices like wheelchairs or hearing aids, in most cases.
• They need not provide accommodations that you have not requested, since colleges generally do not have to identify students with disabilities.
• They need not accept any documentation. They may set reasonable requirements for evidence.

What counts as essential or as undue burden depends on the facts, and is often debated. If you disagree, ask for the reasoning, and consider the options below.

How college differs from high school

Many students are surprised by this shift.

Documentation and process

Colleges may ask for documentation.

• Evidence of disability, from a qualified professional, in a form the college specifies.
• Information on how it affects you, to help decide accommodations.
• Recent or historical records, depending on the condition.

Colleges should have written procedures. They should not demand unreasonable evidence or delay without reason. Ask the office for its process and timeline in writing.

Asking for accommodations

• Contact the disability office early, ideally before classes begin.
• Register, and provide documentation.
• Discuss your needs, and agree accommodations.
• Receive a letter or plan.
• Share it with instructors, as directed.
• Request accommodations each term, and for each exam.
• Keep records of requests, decisions and communications.

You must usually request accommodations in advance. Colleges generally do not have to apply them retroactively to past work, though many will consider exceptions.

Privacy

Disability information is protected.

• Disability offices generally keep records confidential, and share only what is needed.
• Instructors typically receive accommodations, not diagnoses.
• Students are adults, and parents usually do not have access without consent.

Technology and digital accessibility

Colleges must provide equal access to digital materials and services, including websites, learning platforms, documents and videos. Inaccessible course materials can be a form of discrimination. If you encounter inaccessible materials, tell the disability office or the instructor, and ask for an accessible alternative.

Professional programs and clinical requirements

Programs such as medicine, nursing, teaching and law may have technical standards and essential functions that all students must meet, with accommodations where possible. Colleges can set reasonable standards, but must consider whether accommodations would allow a student to meet them. If you have questions, speak to the disability office and the program early, and ask about the process for accommodations in practice settings.

If you believe your rights have been violated

Options include:

1. Raise the issue with the disability office, and ask for a solution.
2. Ask for the decision and reasons in writing.
3. Use the college's grievance or appeal process, which should be published.
4. Contact the college's compliance officer, often called the Section 504 or ADA coordinator.
5. Seek help from a disability rights organization or a legal aid clinic.
6. Consider filing a complaint with the relevant federal agency, such as the education department's civil rights office, within the time limits.
7. Consult an attorney, who can advise on legal options, including time limits.

Keep records throughout. Many disputes are settled informally, but formal routes exist, and there are deadlines for formal complaints.

International students

International students at US colleges are generally protected by these laws in the same way as other students. Check with the disability office and the international office about documentation from abroad, funding and how course loads affect visa status. Do not reduce your load without checking immigration rules.

Where to find official guidance

• Your college's disability services office and website.
• Federal government civil rights and education agencies, which publish guidance for students.
• State agencies and vocational rehabilitation offices.
• Disability rights and advocacy organizations.

Use official sources for current rules, since laws and guidance change.

A worked example

Imagine a student with ADHD who is told by an instructor that extra time is not allowed on a final exam, despite an approved accommodation letter. She tells the instructor that the accommodation has been approved by the disability office, and when that does not resolve it, she contacts the office, which speaks to the instructor and department chair and arranges the accommodation. She keeps copies of the emails. She learns that, if the matter had not been resolved, she could have used the college's grievance procedure.

Working through the office and keeping records solved the problem.

Common mistakes

• Assuming that college provides what high school did.
• Waiting until you are struggling.
• Not providing documentation.
• Not renewing accommodations each term.
• Not keeping records.
• Missing deadlines for complaints.
• Relying on informal advice for legal questions.

A quick checklist

• Do I understand how college rights differ from high school?
• Have I contacted the disability office and registered?
• Do I know what documentation is needed?
• Do I know the college's grievance process?
• Do I know where to find legal and official help?

Final thoughts

The ADA and Section 504 give students with disabilities rights to equal access and reasonable accommodations, but you usually must ask. Learn how college differs from high school, register early and keep records. Know the limits of what colleges must do, and where to turn if something goes wrong. For legal questions, seek professional advice.