This article considers the implementation of the right to higher education for learners with special needs in Lithuania. Although this right is guaranteed by various international documents and national legal acts, the main responsibility to ensure equality in higher education for all learners is embedded in the discretion of higher education institutions. The aim of this article is to analyse Lithuanian legal regulation regarding inclusion of students with special needs into higher education institutions and to evaluate Lithuanian university policies, as institutional documents, concerning students with special educational needs. A brief overview and comparison of all Lithuanian HEI policies illustrates the institutional approach towards educating students with SEN and the level of attentiveness to realization of their right to education. The research also considers pivotal challenges of ensuring inclusive education for those students as well as presents recommendations to address these challenges.