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Of particular significance in recent years has been the growth in the number of students with learning disabilities. Over 35% of the freshmen in 1996 who reported having a disability were purported to have a learning disability -- an increase from 24.9% in 1991 (HEATH Resource Center, 1998).

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Over the years, there has been considerable resistance by professors to alter the way they instruct, particularly if such alteration were to accommodate a student with a mental, as compared to a physical, disability. Department of Justice (DOJ) Opinion Letter, 9 National Disability Law Reporter 315 (DOJ 1996).

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Presumably, this increase in part is because of the slightly broader coverage of the ADA, publicity surrounding the passage of the ADA, an increase in the number of administrative appeals and lawsuits, and growth in the number of students requesting accommodation.

The greater demand for accommodation can be attributed primarily to the fact that many current college students received either an Individualized Education Program (IEP; as is required by the Individuals with Disabilities Education Act of 1990; IDEA) or a service plan (as is required by Section 504) while in elementary and secondary schools, and have become increasingly aware of their rights to accommodation while in higher education.