Some groups fear ADA bill will require institutions to expand services. 

A bill to clarify the 18-year-old Americans with Disabilities Act — a landmark law to prevent discrimination against the disabled — is generating a mixture of praise and concern among higher education groups.

The ADA Amendments Act cleared the House of Representatives in late June by an overwhelming 402-17 vote, and a Senate vote is next. Within higher education, the measure has strong support from advocates for the disabled, though some leading higher education associations object to several of the bill’s provisions.

Two sections of the legislation “will have unintended and negative consequences for our members in their role as academic institutions,” says Dr. Terry Hartle, senior vice president of government and public affairs at the American Council on Education.

One provision would add “thinking” and “concentrating” to the list of major life activities for which students with difficulties may request accommodations. Hartle says the change could allow students to claim limits on their ability that would be difficult to verify.

“The failure to achieve at a high academic level, often due to difficulties in thinking or concentrating, should not become the basis for a claim of disability in the higher education context,” Hartle says.

Another concern is that colleges would have less flexibility to consider other measures, such as a study skills course or even a change in student behavior toward school, in determining whether a student needs formal accommodations.

“The fact that a student has achieved academic success by studying harder, using mnemonic devices to assist in learning or memory, or adopting other studying techniques should not be disregarded in determining whether a student has a learning disability,” he stated in a letter to congressional leaders.

Other groups signing on to ACE’s position include the American Association of Community Colleges, the Association of American Universities and the National Association of State Universities and Land-Grant Colleges.