Universities serve as both learning environments and workplaces, placing them at the intersection of student rights and employee protections. This dual role brings unique obligations when it comes to providing disability accommodations. While both students and faculty are entitled to reasonable accommodations under the law, the processes, points of contact, and implementation differ significantly. Understanding these distinctions is essential for compliance, equity, and building a truly inclusive campus culture.

The Legal Foundation

The primary laws guiding disability accommodations in higher education are the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973.

• Students are covered under ADA Titles II and II, and Section 504, which prohibit discrimination on the basis of disability in programs, services, and activities—including admissions, academic courses, on campus housing, and campus life—unless doing so is a fundamental alteration or undue hardship.
• Faculty and staff are covered under ADA Title I, which requires employers to provide reasonable accommodations to qualified employees unless doing so creates undue hardship.

These legal distinctions shape how universities structure their disability accommodation processes.

Understanding the Disability Accommodation Process for Students

For students, the disability accommodation process is designed to ensure equity in students’  access to academic and campus life. The steps typically include:

1. Disclosure and Documentation: Students disclose their disability to the university and provide documentation outlining functional limitations. Ideally, the university processes these disclosures through a central disability services office with trained personnel, which is subject to oversight from the university’s ADA Coordinator.
2. Interactive Process: The university engages with the student to assess how the disability affects their access to academic and campus life. The university and the student engage in conversations to discuss  appropriate accommodations based on the student’s needs.
3. Implementation: University-approved accommodations – such as extended exam time, note-taking assistance, adaptive technology, or accessible housing – are formally communicated by the student to their faculty or other staff. Professors must implement these measures while maintaining fundamental course standards and staff in the disability services office can help coordinate with faculty and staff.
4. Ongoing Support: Accommodations may be revisited throughout a student’s academic career to address evolving needs.

Understanding the Disability Accommodation Process for Faculty and Staff Employees

For faculty and staff, accommodations are designed to ensure equal employment opportunity. The process typically involves:

1. Request for Accommodation: Employees submit accommodation requests to a designated office. At some institutions, these requests may go through the central disabilities services office, but more commonly the process for employees is handled by HR. In either situation, the process is overseen by the ADA Coordinator.
2. Medical Documentation: The university may request documentation verifying the disability and the need for accommodations. This information is kept confidential and separate from personnel files.
3. Interactive Process: The university works with the employee to assess the impact of the disability on job performance and identify potential accommodations.
4. Implementation and Monitoring: Accommodations might include flexible schedules, teaching support, modified job duties, or assistive technology. Supervisors and HR or the centralized disabilities services office coordinate implementation, ensuring that essential job functions and performance standards are maintained.

Key Differences Between Student and Employee Disability Accommodation Processes

Aspect	Students	Faculty/Staff
Governing Law	ADA Titles II and III, Section 504	ADA Title I
Initial Contact	Disability Services Office	Human Resources
Documentation Focus	Impact on learning and access	Impact on job performance
Implementation	Faculty implement accommodations in courses; Staff may implement in other situations (like housing)	Supervisors and HR implement accommodations in the workplace
Standards	Academic integrity and fundamental course standards must be preserved	Essential job functions and performance standards must be preserved

Practical Steps for Universities

To balance legal obligations and create a culture of inclusion, universities should adopt several best practices:

• Centralize and Communicate Policies: Publish clear, accessible policies and procedures for students and employees, with step-by-step instructions on how to request disability accommodations. Consider centralizing disability services offices so that the same personnel are engaging with students across educational programs.
• Train Faculty and Supervisors: Provide regular training on implementing disability accommodations appropriately—faculty for student requests, supervisors for employee requests, residence life for student housing requests. Faculty in particular must be aware of the importance of implementing accommodations for students, particularly those with unseen disabilities.
• Maintain Confidentiality and Respect: Protect all medical documentation and approach the process with sensitivity to avoid stigma.
• Engage in the Interactive Process: Work collaboratively with students and employees to tailor accommodations to individual needs rather than applying rigid rules.
• Review and Adjust Accommodations: Establish systems to reassess accommodations as circumstances evolve.
• Integrate into the educational environment: Position accessibility and accommodation as integral to the broader educational experience.

Recent Legal Precedents: What Universities Should Know

Several recent court decisions reinforce and refine the legal landscape of disability accommodations in academic settings:

• In Tharpe v. Osseo Area Schools (2025), the Supreme Court held that educational institutions cannot require students to meet a more stringent standard for proving disability discrimination just because the student is in a school setting. This decision ensures that students have the same legal protections as adults in other ADA contexts.
• In Schoper v. Western Illinois University (7th Cir., 2024), the court clarified that a 'do-over' for past performance is generally not a required accommodation under ADA — reasonable disability accommodations are forward-looking in most cases.
• Cases such as White v. Rutgers University (2024) exemplify the risk of lawsuit that occurs when faculty members ignore approved accommodations or fail to engage in the interactive process.
• In the recently filed case of Bertelloti v. Regents of the University of California, students at UCLA allege widespread accessibility barriers, underscoring that disability accommodations obligations extend beyond academics into the physical campus environment and services such as housing, signage, evacuation plans, and transportation.

How Hunton’s Higher Education and Labor & Employment Teams Can Help

Disability accommodations in higher education require navigating two parallel but distinct systems—one for students, and another for faculty and staff. While both are grounded in the federal disability rights and a commitment to accessibility, the processes, documentation requirements, and implementation responsibilities differ. Recent legal cases emphasize the importance of individualized assessments, the interactive process, and consistent implementation. By adopting clear policies, training stakeholders, and engaging openly, universities can meet compliance obligations while fostering an inclusive environment that benefits the entire academic community.

Hunton’s higher education team has helped many colleges and universities understand their obligations under federal and state disability rights laws.  Similarly, Hunton’s labor and employment team helps employers of all sizes, including colleges and universities, navigate their responsibility for supporting employees with disabilities.

We can assist with policy and procedure review and development, ensuring your procedures comply with federal and state requirements and reflect best practices. Our team also provides customized training for administrators, faculty, and staff.  Lastly, we can advise on best practices towards supporting students and employees with disabilities.

For advice on disability accommodations process, please contact your Hunton lawyer.