STUDENTS WITH DISABILITIES IN HIGHER EDUCATION AND IMPLEMENTATION OF SECTION 504: A HISTORICAL-COMPARATIVE ANALYSIS

Section 504 is a civil rights law that prohibits discrimination against individuals with disabilities by programs or activities receiving or benefiting from federal assistance (Rehabilitation Act, 1973). Specifically, Subpart E of the rules and regulations for Section 504 addresses postsecondary educational services and prohibits discrimination in the areas of recruitment and admissions, academic and athletic programs and activities, student evaluations, housing, financial aid, counseling, and career planning and placement. Using a historical-comparative research method, the purpose of this study was to identify, analyze and compare cases of case law and Office of Civil Rights decisions since 1973 that have shaped the way universities interpret and implement Section 504, as well as the accommodation trends since 1973. In six out of nine cases included in this study, the courts ruled in favor of the university. These specific cases provide critical insights as to how universities protected themselves from the negative outcomes. In three out of nine cases included in this study, the courts ruled in favor of the student with a disability. These specific cases provide critical insights as to how universities were vulnerable in their policies and practices, which led to an unfavorable outcome in the eyes of the courts. Universities should examine these cases and the policies and practices that were not deemed satisfactory to protect them for being liable in the same manner