House Committee Approves Bill to Clarify Who Qualifies Under Disability Law

The Chronicle of Higher Education
June 19, 2008

By SARA LIPKA
Washington
The education committee of the U.S. House of Representatives voted overwhelmingly on Wednesday to approve a bill that would update the Americans With Disabilities Act but not broaden its coverage as much as an earlier bill, opposed by college officials, had sought to do.
The initial bill, which was introduced last July, defined as disabled anyone with "a physical or mental impairment." It dropped the existing standard that a disability must "substantially limit" a "major life activity" to be considered for coverage under the law. Many higher-education officials were concerned that expanded eligibility would overwhelm campus offices that work to accommodate disabled students (The Chronicle, June 13).
The new bill, which the Committee on Education and Labor approved by a vote of 43 to 1, includes the stricter definition of a disability. And it specifies a list of major life activities that a disability must limit, adding, for the first time, concentrating and thinking.
The intent of the bill remains the same: to reverse judicial rulings it says "have narrowed the broad scope of protection intended to be afforded by the ADA, thus eliminating protection for many individuals whom Congress intended to protect."
Higher-education associations welcomed the new bill as an improvement over the one introduced last year. "It really would have expanded the reach of the act so far that it would have been watered down significantly," said Ada Meloy, general counsel for the American Council on Education.
Specifically, she said, colleges were concerned that if more students sought disability services, those who really needed them would suffer. "There are individuals from time to time who take advantage of things," she said, "and that can be to the disadvantage of others."
But even with the stricter definition, the new bill still raises questions for colleges, Ms. Meloy said. The inclusion of concentrating and thinking, she said, could prompt more students to identify themselves as disabled.
Another provision in the bill would prevent colleges from considering "mitigating measures," such as medication and assistive technology, when assessing a student's need. That also worries colleges, Ms. Meloy said.
"Students who have achieved at a high academic level may still be requesting accommodations that are not available to other students," she said. "At a certain point, fairness becomes an issue."
'Thinking' and 'Concentrating'
Some advocates for disability services do not share Ms. Meloy's concerns. The prohibition on considering mitigating measures already exists in federal regulations, if not law, said Jane E. Jarrow, president of Disability Access Information and Support, an organization that helps colleges meet disability standards.
"The higher-ed community has always functioned with that understanding in place," she said. ...

The full House may consider the new bill, HR 3195, as early as next week, while the Senate has yet to act on its version, S 1881.

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