Can universities charge extra fees from international students with a disability to cover disability related costs?
Under the DDA, it would constitute unlawful discrimination to exclude a person from being a student because he or she would require special services or facilities because of his or her disability or to refuse to provide the person with these services or facilities, except where provision of the services or facilities would impose unjustifiable hardship. Unjustifiable hardship would need to be demonstrated by the educational institution in the event of a complaint.Clearly, a requirement to pay an additional fee for this reason constitutes less favourable treatment because of the person’s disability and therefore would amount to unlawful discrimination unless some exception under the DDA applies.Where provision of facilities would otherwise involve unjustifiable hardship and thus not be required, provision of the service on condition of the payment of an additional fee may be permissible. This defence depends on the provision of the service being an unjustifiable hardship if the addition
