By David Cox, PhD, MBA

Abstract

This article continues the exploration of the evolution of access to higher education for individuals with disabilities in the United States. It highlights the significant legislative and societal milestones that have contributed to the gradual dismantling of barriers and the promotion of inclusivity. The development of Federal TRIO Programs, which aim to support disadvantaged students, including those with disabilities, is examined. The article also delves into the legislative foundation laid by the Rehabilitation Act of 1973, the Americans with Disabilities Act, and the Americans with Disabilities Act As Amended, which have been pivotal in advancing accessibility in higher education.

Additionally, the impact of Education for All Handicapped Children Act (EHA) and its reauthorization as the Individuals with Disabilities Act (IDEA) on the educational opportunities for students with disabilities is discussed. The article concludes by addressing the ongoing challenges and the need for sustained efforts to ensure that all students, regardless of their backgrounds or abilities, have the opportunity to succeed in higher education.

Keywords: Disability rights, higher education, TRIO Programs, Rehabilitation Act, Americans with Disabilities Act, IDEA, accessibility

Recapitulation of Part I and forward to Part II

The journey towards meaningful access to higher education for individuals with disabilities was not a natural progression; it was achieved through relentless advocacy and systemic changes. There were key milestones in the ongoing evolution of freedoms for people with disabilities. Although much of the earlier evidence did not directly impact higher education, societal shifts were essential for laying the groundwork. Without these foundational changes, many programs would be more complex or even non-existent. This series of Degrees of Access will delve into the legislative milestones that spurred change.

Legislation and litigation: the road to recognition

The legislative foundation for higher education access among individuals with disabilities was laid in 1864, when President Abraham Lincoln signed into legislation establishing a collegiate division within Columbia Institution for the Deaf and Dumb (Madaus, 2011). That same year, the institution enrolled its first student; by 1866, enrollment had grown to 25 students. In 1869, the inaugural class graduated with a Bachelor of Arts degree. Renamed Gallaudet College in 1894, the institution has since evolved into Gallaudet University, offering over 40 majors and remains the only liberal arts university for the deaf and hard of hearing students (Madaus, 2011).

By the early twentieth century, individuals with disabilities increasingly sought access to higher education. Notably, Helen Keller attended Radcliff College from 1900-1905 setting a precedent for academic inclusion (Nielsen, 2001), graduating with a Bachelor of Arts degree. Despite such milestones, students with disabilities during this period often faced significant barriers, including social isolation and lack of physical accommodations within campus environments.

Significant legislative progress in disability access to education began following World War I, with more transformative developments emerging toward the end of World War II. The Vocational Rehabilitation Act of 1918 marked an early federal effort to support veterans with disabilities, offering educational opportunities in fields such as industry, trade, and agriculture (Chatterjee & Mitra, 1998). Building on this foundation, The Serviceman’s Readjustment Act of 1944—commonly known as the GI Bill of Rights—provided financial assistance of up to $500 annually for eligible veterans, further expanding access to higher education (Strom, 1950).

Development of Federal TRIO Programs evolved over several years with the aim of identifying and providing services for individuals from disadvantaged backgrounds. The Upward Bound Program (UB), first Federal TRIO Program, was established by the amended Economic Opportunity Act of 1964 (TRIO U.S. Department of Education [USDOE], n.d.). Subsequently, the Higher Education Act of 1965 introduced Talent Search (TS) to assist students in applying for newly authorized federal financial aid for postsecondary education. The TRIO name emerged in 1968 when the Higher Education Act was amended to include the Special Services for Disadvantaged Students program, now called Student Support Services (SSS). TRIO also encompasses a training program for directors and staff of TRIO projects. UB, TS, and SSS formed a trio of Federal programs designed to enhance educational opportunities and attainment. Additional programs were introduced through 1990 including Educational Opportunity Centers, Veteran’s Upward Bound, Ronald E. McNair Postbaccalaurate Achievement Program, Upward Bound Math and Science, and Training Program for Federal TRIO Programs. Amendments to the Higher Education Act created Educational Opportunity Centers (EOCs) to help adults select postsecondary education programs and obtain financial aid, including students with disabilities (TRIO U.S. Department of Education [USDOE], n.d.).

In 2013, the EOCs awarded $44,063,593 and served 181,581 participants. Today, TRIO comprises eight programs that assist low-income students, first generation college students, veterans, and individuals with disabilities to progress through academic channels from middle school to post baccalaureate programs (USDOE, n.d.).

A pivotal shift occurred with the passage of Section 504 of the Rehabilitation Act in 1973, which for the first time prohibited disability-based discrimination in institutions receiving federal funding. This legislation laid the groundwork for campus accessibility, although its implementation was often slow and met with institutional resistance. Advocacy efforts, particularly those aligned with the independent living movement (see Part I), played a critical role in driving compliance. As a result, physical accommodations such as curb cuts, accessible restrooms, and ramps became increasingly common features of college campuses.

In 1970, state-level legislation across the United State systematically excluded many children with disabilities from attending elementary and secondary schools. Students with conditions such as blindness, deafness, emotional disturbances, or intellectual disabilities were frequently denied access to public education. In response to this widespread exclusion, Congress enacted the Education for All Handicapped Children Act (EHA) in 1975, establishing federal support for states to uphold the rights and meet the individual needs of infants, toddlers, children, and youth with disabilities and their families (U.S. Department of Education, 2024). The Act was reauthorized in 1990 and renamed the Individuals with Disabilities Education Act (IDEA), with further reauthorization occurring in 2004 The legislation remains in effect under the title IDEA.

“A pivotal shift occurred with the passage of Section 504 of the Rehabilitation Act in 1973, which for the first time prohibited disability-based discrimination in institutions receiving federal funding. This legislation laid the groundwork for campus accessibility, although its implementation was often slow and met with institutional resistance. ”

By the 2022-2023 academic year, over 8 million children with disabilities were enrolled in programs designed to address their educational needs (U.S Department of Education, 2024). Of these, 66% spent at least 80% of their school day in general education classrooms, reflecting a significant shift toward inclusive practices. Data from the 2017-18 school year indicated that 72.7% of students with disabilities graduated with a regular high school diploma (U.S. Department of Education, 2024). That same year, there were 942,446 educators and related service providers were employed to support these students (2024).

Although the EHA and IDEA apply exclusively to children and do not directly govern higher education, their impact is foundational. Prior to their enactment, the prospect of postsecondary education for students with disabilities was largely unattainable. As increasing numbers of students with disabilities began graduating from high school, pressure mounted for college and universities to provide more advanced and accessible educational opportunities. This shift laid the groundwork for subsequent legislative and institutional reforms in higher education, as explored in the following sections.

In 1978, the Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments Act introduced important enhancements to disability services, including expanded reader services for individuals who are blind, interpreter services for those who are deaf, and the formal establishment of independent living programs. These provisions marked a critical step toward supporting autonomy and access for individuals with disabilities.

A decade later, the 1988 amendment to the Fair Housing Act extended protections to university housing, mandating reasonable accommodations for students with disabilities. These accommodations included wheelchair-accessible dormitories, provisions for emotional support animals, and sensory modifications to support neurodiverse residents.

The passage of the Americans with Disabilities Act (ADA) in 1990 represented a landmark moment in disability rights legislation. The ADA extended protections to private institutions and required both physical and programmatic accessibility in higher education settings. In response, colleges and universities implemented structural modifications such as wheelchair-accessible spaces in lecture halls and introduced academic supports including note-taking services, extended time on examinations, and auxiliary aids. The ADA also catalyzed the development of campus-based disability resource centers, institutionalizing support services for students with disabilities.

The ADA was further strengthened by the ADA Amendments Act (ADAAA) of 2008, which broadened the legal definition of disability and reduced institutional discretion in denying accommodations. This expansion provided enhanced protections for students with non-apparent disabilities, including mental health conditions, neurodivergence, and intellectual disabilities. Consequently, disability services in higher education began to address not only physical barriers but also cognitive and emotional challenges. Under the ADAAA, students bear the responsibility of initiating accommodations requests by disclosing their disability status; institutions are prohibited from inquiring about a disability unless the student voluntarily discloses it.

The Higher Education Opportunity Act (HEOA), enacted in 2008, advanced inclusive pedagogical practices and institutional support for faculty working with students with disabilities. A key feature of the legislation was formal recognition of Universal Design for Learning (UDL), a framework that encourages the development of instructional materials and learning environments designed to accommodate a broad spectrum of learners from the outset. The HEOA defines UDL as a “scientifically valid framework for guiding educational practice that provides flexibility in the ways information is presented, in the ways students respond or demonstrate knowledge and skills, and in the ways students are engaged; and that reduces barriers in instruction, provides appropriate accommodations, supports, and challenges, and maintains high achievement expectations for all students” (U. S. Department of Education [USDE], 2008).

The Act also emphasized the integration of emerging technologies, including assistive technologies, to expand instructional modalities and enhance access for students with disabilities. As the technology sector rapidly evolved, these provisions created new opportunities for inclusive learning and digital accessibility. Despite its progressive intent, the HEOA prompted legal scrutiny; several lawsuits alleged that institutions failed to provide adequate accommodations as required under the law (National Council on Disability [NCD], 2015).

Conclusion

The evolution of higher education for individuals with disabilities in the United States has been a complex journey marked by significant legislative and societal milestones. From the early establishment of institutions like Gallaudet University to the transformative impact of the Rehabilitation Act of 1973 and the Americans with Disabilities Amendments Act, each step has contributed to the gradual dismantling of barriers and promotion of inclusivity. The development of Federal TRIO programs exemplifies the commitment of supporting disadvantaged students, including those with disabilities in their pursuit of higher education.

Despite these advancements, challenges remain. The implementation of inclusive practices and accommodations continues to require vigilant advocacy and systemic reform. The ongoing evolution of disability rights and educational access underscores the need for sustained efforts to ensure that all students, regardless of their backgrounds or abilities, have the opportunity to succeed in higher education.

Future efforts need to build on the foundations laid by past legislation and incorporate emerging technologies and pedagogical frameworks like Universal Design for Learning. These advancements aim to create more inclusive and supportive educational environments that facilitate the academic success of all students.

References

Chatterjee, L., & Mitra, M. (1998). Evolution of federal and state policies for persons with disability in the United States: Efficiency and Welfare Impacts. Annals of Regional Science, 32, 347–365.

Madaus, J. W. (2011). The history of disability services in higher education. New Directions for Higher Education, 2011(154), 5–15. https://doi.org/10.1002/he.429

National Council on Disability. (2015, May 19). Briefing paper: reauthorization of the higher education act (HEA): the implications for increasing the employment of people with disabilities [HEA reathorization]. https://www.ncd.gov/report/briefing-paper-reauthorization-of-the-higher-education-act-hea-the-implications-for-increasing-the-employment-of-people-with-disabilities/

Nielsen, K. (2001). Helen Keller and the politics of civic fitness (P. K. Longmore & L. Umansky, Eds.). The New Disability History, 268–290.

Strom, R. J. (1950). The disabled college veteran of World War II. American Council on Education.

TRIO U.S. Department of Education. (n.d.). 50th Anniversary Federal TRIO Programs (TRIO). U.S. Department of Education. https://www.ed.gov/media/document/trio-50th-anniversary-factsheet-36583.pdf

U. S. Department of Education. (2008, December). Higher education opportunity act of 2008 summary letter [HEOA summary]. https://fsapartners.ed.gov/sites/default/files/attachments/dpcletters/GEN0812FP0810AttachHEOADCL.pdf

About the Author

Degrees of Access: Tracing Disability Evolution in U.S. Higher Education – Part II

Recapitulation of Part I and forward to Part II

You Can’t Learn to Swim on the Shore

ANNIE’S PAGE