The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1 - 151

The Evolution of Disability Law

to face this challenge. Though not specifically
reviewed in this article, these issues may be
further compounded by specific state housing
and disability laws.
Implications for continued practice and
proficiency in this area are suggested below.
Professionals should reflect on these implications in light of nuances present at their specific campus.

Understand the Laws and Make
Preparations
In preparation for becoming proactive, become
reasonably proficient with appropriate laws,
understanding the most relevant and applicable elements for your campus. For example,
is your campus housing covered under the Fair
Housing Act? Are campus housing facilities involved in major events or other activities where
visitors enter the halls (e.g., family weekend,
homecoming, overnight student visits, open
house events)? If so, what are your requirements for those visitors under ADA? As you
consider these and other questions, engage a
group of campus personnel with relevant interest, training, and professional responsibility. Always endeavor to have personnel with
legal training as part of any such discussion; be
sure to include your campus disability services
professionals wherever possible to be certain
all personnel are on the same page. Rothstein
(2010) argues that such advance preparation
can serve to avoid charges of discrimination,
legal action, and the associated negative publicity that such actions might generate.

Go Beyond What Is Legally Required
The Association on Higher Education and
Disability (AHEAD) published Supporting Accommodation Requests: Guidance on Documen-

tation Practices in April of 2012. While there
are many elements of these guidelines that are
relevant, perhaps the most insightful guidance
for housing and residence life professionals is
the notion that laws such as the ADA provide
a floor of protection, but not a ceiling. To that
end, strict interpretation of the various acts
and subsequent case law might represent
a floor—in other words, a strict minimum.
However, there is nothing prohibiting any
college or university from doing more than
what is lawfully required. Housing and residence life professionals are therefore urged to
consider accommodations and services that
go beyond what is minimally required. Where
appropriate and when these accommodations
are financially feasible and there are available
resources, colleges and universities that endeavor to exceed the minimum requirements
will not only provide educational opportunities
for those who are historically marginalized,
but will also further enact the idea of diversity
and inclusion.

Broadcast Information About Services
The burden of proof to confirm the presence
of a disability rests on the student, and there

As is true with many areas of
our practice, currency with legal
actions—even those that may not
have reached a final conclusion—
can allow housing and residence
life personnel to be proactive
rather than reactive.
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The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1

Table of Contents for the Digital Edition of The Journal of College and University Student Housing - Volume 39, No. 2 & Volume 40, No. 1