College Disability Accommodations Surge, Linked to 2008 ADA Amendments

A significant increase in student test accommodations, particularly at top universities, is being observed, with many attributing the trend to the Americans with Disabilities Act Amendments Act of 2008 (ADAAA). Richard Hanania, the author of a widely shared tweet, highlighted this development, stating, "People are noticing how more students are getting test accommodations." He further explained, "In 2008, Congress passed a law with the explicit goal of placing no limits on who counts as disabled."

The ADAAA, enacted in September 2008 and effective January 1, 2009, significantly broadened the definition of "disability" under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act. This legislative change was a direct response to Supreme Court decisions that had narrowly interpreted disability, with Congress intending for the scope of protection to be "broad and inclusive." Key revisions included expanding the list of "major life activities" to encompass learning, reading, concentrating, and thinking, and mandating that the ameliorative effects of mitigating measures (such as medication or adaptive strategies) not be considered when determining if an impairment substantially limits a major life activity.

This legal shift has had a tangible impact on higher education. A recent report cited by the Daily Mail indicates that the number of students receiving disability accommodations has doubled or even tripled at some leading institutions. For instance, Brown and Harvard universities report over 20% of undergraduates registered as disabled, while Amherst College sees this figure rise to 34%. The University of Chicago has witnessed a more than threefold increase in disabled students over eight years, and UC Berkeley a fivefold increase over 15 years.

The Association on Higher Education and Disability (AHEAD) also revised its guidance, advising universities to prioritize students' self-reported impact of their disability over extensive medical documentation. This has led to an easing of requirements for accommodations at many institutions, with a 2013 analysis finding that most postsecondary institutions required little more than a doctor's note. However, this trend has sparked debate among educators, with some professors expressing concern about potential over-diagnosis or misuse of the system, suggesting that some students are "taking advantage" for academic benefits.

Research by Denison University Professor Robert Weis highlights a disparity, noting that while two-year colleges typically see 3-4% of students with accommodations, often for long-standing academic issues, four-year institutions report about half of their accommodated students having no prior diagnosis before college. This raises questions about the evolving landscape of disability identification and its implications for academic integrity and equitable access.