A multi-perspective analysis of the impact of Americans with Disabilities Act Amendments upon higher education

Congress passed the Americans with Disabilities Act Amendments of 2008, which became effective in January 2009. The changes to the statute provided a significant difference with respect to the anticipated judicial interpretation of the Act, use of mitigating measures, and the definition of what constitutes a major life activity. This study was based upon Grounded Theory methodology, utilizing a Constructivist Design approach. Expert in the fields of law, disability administration, and a human resource director were interviewed, and there was a thorough review of the Congressional Record. Experts from The American Council on Education, and from four different universities participated in this study. Data was analyzed to find complementary and divergent perspectives and opinions among and between the various groups participating in the study. Themes related to specific areas and/or issues of concern are provided and analyzed. The results reveal that nearly all participants desire greater guidance with respect to the interpretation of the Amendments. Attorneys participating in this study have emphasized concerns relating to costs and liberal judicial interpretation. Disability administrators stress a need for greater documentation but have expressed less concern with respect to the overall impact of the changes. The results of this study may be valuable in providing guidance and gauging the perspectives and opinions of the long-term impact of the Amendments with respect to forecasting changes and developing appropriate protocol for dealing with students making requests for accommodations in higher education institutions.