Accommodations in Higher Education Under the Americans with Disabilities Act (ADA) – A No-Nonsense Guide for Clinicians, Educators, Lawyers, and Administrators.  Edited by Michael Gordon and Shelby Keiser

Abstract.  With balance and clarity, this manual outlines how the Americans with Disabilities Act applies to a wide range of mental and physical impairments within higher education settings. It is an essential tool for anyone grappling with how to comply with these far-reaching legal mandates. Which psychiatric, learning, and physical disorders warrant academic and test-taking accommodations for students under the ADA? 

http://www.addwarehouse.com/shopsite_sc/store/html/product11.html

Legal Insights in Higher Education for Students with Learning Disabilities and Attention Deficit/Hyperactivity disorder Video

Featuring Jeanne M. Kincaid, Esq. and JoAnne Simon, Esq.  Noel Gregg Ph.D., Moderator

Abstract.  This new three video package features two well-known disability rights attorneys who examine the responsibilities of institutions of higher education to provide services and programs for students with disabilities. Issues primarily involving students with learning disabilities and attention-deficit/hyperactivity disorder are addressed.  This set of videos is suitable for higher education personnel in offices of disability services, administrators and faculty, as well as students with disabilities. Expert legal review of case law! Determine appropriate accommodations! Develop effective Policy! ADA and Section 504 Requirements! 

Legal Insights: Part I Documentation and Admissions

Provides an excellent overview of issues involved in legislation and litigation for institutions of higher education: undergraduate, graduate, and professional schools.  Specific topics discussed include eligibility, admissions and readmissions, documentations of disabilities, record-keeping, dual diagnosis, NCAA sports eligibility, and current case law related to higher education and persons with disabilities. (60 in.)

Legal Insights:  Part II Accommodations

Focuses on legal issues regarding accommodations in higher education for adolescents and adults either with learning disabilities or attention deficit/hyperactivity disorder. (59 min.)

Legal Insights: Part III Programming and Policy

Focuses on the policies and programs that institutions of higher education are required to have in place to comply with federal disability laws such as the ADA and Section 504

http://www.addwarehouse.com/shopsite_sc/store/html/product210.html

Author(s): Abram, Suzanne
Title: The Americans with Disabilities Act in Higher Education: The
Plight of Disabled Faculty.
Source: Journal of Law & Education. v32 n1 p1-19 Jan 2003

Abstract: Explores reasons why disability discrimination lawsuits by
university professors usually fail. Reviews the Americans with
Disabilities Act (ADA). Analyzes cases involving disabled professors
who lost their cases and those who won them. Compares successful and
unsuccessful ADA litigation. (Contains 86 references.)
Accession Number: EJ660904

Author(s): Bethea, Leslie L.; Thompson, Anne R.
Sponsoring Agency: Office of Special Education and Rehabilitative
Services (ED), Washington, DC.
Corporate Author: Mississippi State Univ., Mississippi State.
Title: Student Affairs Staff Survey of Knowledge of Disability Laws
and Recent Legal Decisions. Postsecondary Accommodations for Academic
and Career Success.  Source: 1996. 17p.
Note: For a faculty and general staff survey, see EC 304 816.

Abstract: This document presents survey questions concerning rights
of students with disabilities in postsecondary education and the
responsibilities and rights of student affairs staff. The survey is
intended to provide necessary information about disability laws and
recent legal decisions in the context of the increased enrollment of
students with disabilities in higher education and the increasing
need for accommodations. The 26-item survey identifies the correct
responses (from yes/no choices), offers a rationale for the correct
response, and provides one or more references.
Availability: Alternate formats of this survey are available from
Project PAACS, Mississippi State University, P.O. Box 9727,
Mississippi State, MS 39762-5740.
Accession Number: ED395425

Author(s): Black, Dennis R.
Title: Maintaining Perspective: A Decade of Collegiate Legal
Challenges.  Source: 1997. 306p.

Abstract: This is a collection of brief articles from "Perspective:
The Campus Legal Monthly Newsletter" concerning legal decisions
relevant to higher education in the United States since 1986. The
articles summarize court decisions which addressed legal issues in
the following areas: academic decisions; academic employment and
freedoms; copyright, trademark, and patents; First Amendment; Freedom
of Information records and meetings; governance and regulation;
health and disability concerns; risk management; safety and security;
student conduct; and student life activities, organizations, and
athletics.
Availability: Atwood Publishing, P.O. Box 3185, Madison, WI 53704
($37.95). Tel: 888-242-7101 (Toll Free).
ISBN: 1891859110  Accession Number: ED461312

Author(s): Brooks, Barbara J.
Corporate Author: Commission on Civil Rights, Washington, DC.
Title: Getting Uncle Sam To Enforce Your Civil Rights. Clearinghouse
Publication 59. Revised.
Source: 1996. 122p.

Abstract: There are many Federal laws against discrimination,
passed to protect people who are denied their rights because of race,
color, religion, sex, national origin, age, or disability. This publication
is a guide to the initial stages of filing a discrimination complaint.
Accession Number: ED407459

Author(s): Cantu-Weber, Josie
Title: Harassment and Discrimination: News Stories Show Litigation on
the Rise.
Source: Change. v31 n3 p38-45 May-Jun 1999

Abstract: Analysis of 160 articles in the "Chronicle of Higher
Education" concerning controversy, complaints, lawsuits, and rulings
in higher education found almost half involved some form of
discrimination or harassment as a central theme. The issues (sex/
gender, race/ethnicity, disability, age, religion, and newer themes)
are discussed, as well as who files the complaints and who defends
against them. (MSE)

Copied from the Book Review section in Journal of Postsecondary Education and Disability, 17, 138-140.

Faculty Disability Services Handbook by Salome M. Heyward, JD

            Faculty Disability Services Handbook by Salome M. Heyward, JD, provides the reader with information and analyses of key issues in the field of disability services and disability discrimination law.  The book is organized by major headings that include The Role of the Disability Services Staff, The Accommodation Process, Essential Academic Requirements, Frequently Asked Questions, and several sections addressing issues relevant to programs that incorporate clinical programs and internships into the educational environment.  The author cites case law to explain the tenets discussed in the book and presents four cases each followed by a discussion about the issues involved in the cases.  The book is written primarily to explain the accommodation process and some of the related issues relevant to faculty members in postsecondary education.  In the introduction the author sets the tone for the book by stating, “the only way in which faculty members can achieve some measure of control over this situation is to understand the relative responsibilities of students and the institution with respect to the accommodation process.”  The author reiterates the role that disability services professionals play in the process as well.

            In discussing the role of the disability services staff, Heyward emphasizes the dual nature of their role – to ensure that the institutions provide access to students with disabilities and to simultaneously protect the integrity of academic programs and services.  She further outlines how disability service providers are to accomplish this balancing act, outlining very succinctly the parameters involved in the process.  This explanation along with the subsequent paragraph that emphasizes the faculty member’s joint role in the process reinforces for faculty the importance of both roles in the accommodation process in a way that gives substance and importance to each area.

            In the sections on the accommodation process and essential requirements, Heyward provides four cases to elicit issues applicable to these areas.  The cases all involve students and faculty members, and the author’s discussion combines her analysis of the issues involved in the cases with citations of relevant case law.  I found this an effective way to elucidate the issues, including documentation requirements, procedure for requesting accommodations, and qualified student status, among others.  Case four is especially complex, and the author does an excellent job walking the reader through the issues involved and the reasoning behind her discussion.  I believe understanding all these cases would go a long way toward assuring faculty members and institutions of their rights to develop and adhere to legitimate academic standards, as well as their responsibilities to conduct an individualized and diligent assessment when considering possible student accommodations.

            In a section of Frequently Asked Questions the author addresses issues relevant for faculty members and service providers, including choosing and providing accommodations and institutional and student rights and responsibilities.  Some of these questions and the subsequent discussion touch on academic probation or suspension determinations, temporary disabilities, faculty refusal to provide accommodations, and access to admissions information, all of which are relevant to faculty members and administrators.  The question-and-answer format provides an effective way to directly answer the questions, while still providing some of the ancillary legal information surrounding the issues.

            In the last major section of the book, the author discusses some of the more complex issues related to institutional obligations and student responsibility with respect to clinical programs and internships.  Specifically, she addresses the importance of technical standards, the obligation of institutions to monitor the treatment of students to be “otherwise qualified” in settings that encompass academic and professional requirements.  I found this discussion to be informative, and it is one I will return to many times before talking with faculty members who work in these fields.  Again, the author uses relevant case law and OCR (Office of Civil Rights) rulings to support the discussion.  She offers brief guidelines on which the development and application of technical standards should be based, recommendations for determining qualified status in technical areas, and parameters for taking behavioral and health safety standards into account.

            I highly recommend this book to disability service providers and administrators, as well as to faculty members who work with students with disabilities in higher education.  The author’s use of recent court cases and OCR rulings, as well as some key cases in the history of the field, to reiterate the points made in the discussion of key topics is very effective.  However, there were quite a few typographical and grammatical errors that interfered with the flow of the text.  There was also some repetition of the topics and court cases discussed; however, this repetition may be essential to provide sufficient familiarity on key issues of the accommodation process, the institution’s right to academic standards, the qualified student with a disability’s right to meaningful access.  As a service provider, I find it helpful to hear and see the same or similar issue discussed in several ways using different examples and contexts.  The book ends rather abruptly; it would have helped to have a short summary parallel to the introduction offering parting comments or a summarization of key ideas.  All in all, it was an informative book and a good resource about many of the questions that arise almost daily within the postsecondary environment in relation to students with disabilities.

Elaine Manglitz, Ph.D., Clayton College & State University, Morrow, GA

Corporate Author: Education Law Association, Dayton, OH.
Title: A Legal Odyssey, 2001. Preconference Seminar Outlines [of the]
Education Law Association Annual Conference (47th, Albuquerque, New
Mexico, November 15-17, 2001).  Source: 2001. 186p.

Abstract: This document contains preconference seminar outlines for
the 47th Annual Education Law Association (ELA) Conference. The first
of four sections, "Americans with Disabilities Act Update--Higher
Education and Employees," by Christopher P. Borreca, presents legal
issues related to the Americans with Disabilities Act, an adequate
definition of "disability," medical and fitness-for-duty exams, among
other subjects. The second section, "Technology and Teaching School
Law," by Gregory A. Boris and others, comments on the use of
technology such as the Internet, audio and visual media, interactive
media, and graphics for classroom and long-distance law instruction.
The third section, "Issues Faced by Schools in the Digital Age," by
Dana T. Buckman and R. Craig Wood, covers topics involving school
district liability for electronic communications, equal access for
individuals with disabilities, and physical security of technological
equipment. The fourth section, "Special Education K-12," contains
material relating to the impact of IDEA procedural violations on
special-education appeals, student discipline, and an IDEA update.
Accession Number: ED464399

Corporate Author: Education Law Association, Dayton, OH.
Title: Legal Rights in Education: Pendulum Swings. Papers [of the]
Education Law Association (ELA) Annual Conference (44th, Charleston,
South Carolina, November 19-21, 1998.  Source: 1998. 533p.
Abstract: This document is a collection of 32 1998 Education Law
Association conference papers.
Accession Number: ED457538

Author(s): Gorn, Susan
Title: What Do I Do When..The Answer Book on Assessing, Testing and
Graduating Students with Disabilities.  Source: 2000. 100p.

Abstract: This book provides information, presented in a
question-and-answer format, on how schools should educate and
accommodate students with disabilities participating in the general
curriculum while preserving district-wide standards for all students.
It reviews in detail the controlling directives of both the
Individuals with Disabilities Education Act 1997 and Section 504 of
the Rehabilitation Act of 1973 as they concern assessment,
evaluation, and graduation of students with disabilities.
Availability: LRP Publications, 747 Dresher Rd., P.O. Box 980,
Horsham, PA 19044-0980 ($32). Tel: 800-341-7874 (Toll Free).

Author(s): Jarrow, Jane
Sponsoring Agency: Office of Educational Research and Improvement
(ED), Washington, DC.
Corporate Author: National TRIO Clearinghouse, Washington, DC.
Center for the Study of Opportunity in Higher Education, Washington, DC
Title: Understanding the Law To Give Students with Disabilities Full
Potential.  Source: 1999. 9p.
Note: Reprinted from "Opportunity Outlook," the Journal of the
Council for Opportunity in Education, Spring 1999.

Abstract: This paper summarizes information concerning the impact of
three pieces of federal legislation on the inclusion of students with
disabilities in postsecondary programs, especially those supported by
the TRIO program. The paper briefly describes major points of the
following laws: (1) the Individuals with Disabilities Education Act
(IDEA); (2) the Americans with Disabilities Act (ADA) of 1990; and (3)
Section 504 of the Rehabilitation Act of 1973. Specific ways in which TRIO programs can comply with and coordinate their efforts with these legal initiatives
are noted.
Availability: National TRIO Clearinghouse, 1025 Vermont Ave., NW,
Suite 900, Washington, DC 20005; Tel: 202-347-2218; e-mail:
Clearinghouse@hqcoe.org; Web site: www.trioprograms.org
Accession Number: ED432196

Author(s): Jarrow, Jane
Sponsoring Agency: Office of Educational Research and Improvement
(ED), Washington, DC. [EDD00036]
Title: Understanding the Law To Give Students with Disabilities Full
Potential
Note: Reprinted from "Opportunity Outlook," the Journal of the
Council for Opportunity in Education, Spring 1999.

Abstract: This paper summarizes information concerning the impact of
three pieces of federal legislation on the inclusion of students with
disabilities in postsecondary programs, especially those supported by
the TRIO program. The paper briefly describes major points of the
following laws: (1) the Individuals with Disabilities Education Act
(IDEA), which is the basic special education law for K-12; (2) the
Americans with Disabilities Act (ADA) of 1990, which prohibits
discrimination on the basis of disability in employment; and (3)
Section 504 of the Rehabilitation Act of 1973, which mandates equal
access for students with disabilities at institutions with programs
receiving federal aid.
Availability: National TRIO Clearinghouse, 1025 Vermont Ave., NW,
Suite 900, Washington, DC 20005; Tel: 202-347-2218; e-mail:
Clearinghouse@hqcoe.org; Web site: www.trioprograms.org

Author(s): Jarrow, Jane
Sponsoring Agency: Office of Educational Research and Improvement
(ED), Washington, DC.
Corporate Author: National TRIO Clearinghouse, Washington, DC.
Center for the Study of Opportunity in Higher Education, Washington, DC
Title: Understanding the Law To Give Students with Disabilities Full
Potential.  Source: 1999. 9p.
Note: Reprinted from "Opportunity Outlook," the Journal of the
Council for Opportunity in Education, Spring 1999.

Abstract: This paper summarizes information concerning the impact of
three pieces of federal legislation on the inclusion of students with
disabilities in postsecondary programs, especially those supported by
the TRIO program. The paper briefly describes major points of the
following laws: (1) the Individuals with Disabilities Education Act
(IDEA); (2) the Americans with Disabilities Act (ADA) of 1990; and (3)
Section 504 of the Rehabilitation Act of 1973. Specific ways in which TRIO programs can comply with and coordinate their efforts with these legal initiatives
are noted.
Availability: National TRIO Clearinghouse, 1025 Vermont Ave., NW,
Suite 900, Washington, DC 20005; Tel: 202-347-2218; e-mail:
Clearinghouse@hqcoe.org; Web site: www.trioprograms.org
Accession Number: ED432196

Author(s): Kelly, Barry
Title: Disabilities Legislation Implementation in American Universities.
Source: Journal of Higher Education Policy and Management. v18 n2
p189-206 Nov 1996

Abstract: To help assess Australian universities' compliance with the
Disability Discrimination Act, a study examined implementation in the
United States of the Americans with Disabilities Act in five state
universities seen as leaders in innovation for students and staff
with disabilities. Implications of the American experience for the
Australian context are discussed, and specific recommendations for
institutional planning are made.
Accession Number: EJ537825

Author(s): Kelly, James P.
Title: Consistency and Cooperation: The Lessons of "Guckenberger v.
 Boston University."
Source: Journal of Law and Education. v28 n2 p319-25 Apr 1999

Abstract: Although the Americans with Disabilities Act forbids
discrimination on the basis of learning disability, institutions of
higher learning must establish academic achievement standards.
A recent case ("Guckenberger v. Boston University") involving course
substitutions for a foreign-language requirement illustrates this point.                  
Boston University's "administrative chaos" complicated matters
unnecessarily.

Author(s): Latham, Patricia H.; Latham, Peter S.
Corporate Author: National Center for Law and Learning Disabilities,
Cabin John, MD. [BBB35202]
Title: Attention Deficit Disorder in College: Faculty and Students.
Partners in Education.  Source: 1998. 7p.

Abstract: This publication provides an overview of attention deficit
disorders (ADD) and the legal rights of college students with ADD.
Possible accommodations that schools can make for students with ADD
are provided and include: (1) provide structure and reduce
distraction in class; (2) simplify and repeat instructions, as
necessary, both orally and in writing; (3) give frequent and specific
feedback from faculty and disability services staff; (4) provide
accommodations such as priority registration, reduced course loads,
taped textbooks, tape recorders, course modifications, tailored
assignments, modified text books, priority seating in the front of
the room, study guides, and summaries of important points; (5)
provide test accommodations such as extra time, quiet room,
alternative formats, and opportunities to seek clarification; (6)
allow course substitutions to fulfill certain requirements, e.g., for
foreign language and mathematics; (7) offer as electives alternative
learning style courses; (8) educate the student regarding ADD, coping
strategies, and advocacy techniques; (9) encourage the use of support
groups, counselors and advisors to assist with academic, career and
other issues; and (10) review rules and expectations and use
behavioral management techniques as needed. Possible strategies for
students with ADD are provided and a list of organizational resources
is included. (CR)
Availability: National Center for Law and Learning Disabilities, P.O.
Box 368, Cabin John, MD 20818; telephone: 301-469-8308; fax:
301-469-9466.
Accession Number: ED422699

Author(s): Latham, Peter S.; Latham, Patricia H.
Title: Documenting Adult Learning Disabilities: A Legal Overview.
Source: Learning Disabilities: A Multidisciplinary Journal. v10 n2
 p85-100 Spr 2000
Note: Special Issue: Adults with Learning Disabilities Enter the
Professions: Issues of Diagnosis, Education, Accommodations, and Licensing.

Abstract: This article reviews the Americans with Disabilities Act
and case law to examine who meets the standard of "qualified
individual with a disability" and thus cannot be excluded from
participation in the services, programs, or activities of higher
education institutions. Requirements for disability documentation are
addressed.
Accession Number: EJ614761

Author(s): Lee, Barbara A.; Ruger, Peter H.
Corporate Author: National Association of Coll. and Univ. Attorneys,
Washington, DC.
Title: Accommodating Faculty and Staff with Psychiatric Disabilities.
Source: 1997. 33p.

Abstract: This pamphlet discusses the legal protections for employees
with psychiatric disabilities, and analyzes the decisions of federal
and state courts in cases where employees who claimed a psychiatric
disorder challenged an employment decision under the Americans with
Disabilities Act of 1990 (ADA), the Rehabilitation Act of 1973, or
state law.
Availability: National Association of College and University
Attorneys, One Dupont Circle, N.W., Suite 620, Washington, DC 20036;
phone: 202-833-8390; fax: 202-296-8379; Internet: www.nacua.org
($12).

Author(s): Madaus, Joseph W.; Madaus, Melissa M. R.
Title: Effective Practices for the Documentation of Learning
Disabilities at the Postsecondary Level.
Source: Learning Disabilities: A Multidisciplinary Journal. v11 n1
p31-35 Win 2001

Abstract: In the context of legal requirements that postsecondary
students provide documentation of any learning disability, this
article discusses components of a comprehensive learning disability
evaluation at the postsecondary level with examples of actual
documentation submitted to two institutions.

Author(s): Martin, Suzanne M.; Williams, Jane M.
Title: Practical Strategies for Implementing the Provisions of the
Individuals with Disabilities Education Act of 1997 (IDEA) in Rural
Settings.
Note: In: Rural Special Education for the New Millennium. Conference
Proceedings of the American Council on Rural Special Education
(ACRES) (19th, Albuquerque, New Mexico, March 25-27, 1999

Abstract: This paper discusses provisions of the Individuals with
Disabilities Education Act of 1997 (IDEA) and suggests strategies for
maximizing existing resources in rural settings to meet the
requirements of the law.

Author(s): Milani, Adam A.
Title: Disabled Students in Higher Education: Administrative and
Judicial Enforcement of Disability Law.
Source: Journal of College and University Law. v22 n4 p989-1043 Spr
1996

Abstract: Administrative and court decisions made since enactment of
the Americans with Disabilities Act (1990) that have clarified the
rights and responsibilities of both students and schools are examined
as they relate to the areas of admissions, academic adjustments,
auxiliary aids, access, housing, and other issues facing colleges and
universities.
Accession Number: EJ532674

Author(s): Munsch, Martha Hartle; Schupansky, Susan P.
Corporate Author: National Association of Coll. and Univ. Attorneys,
Washington, DC. [BBB19203]
Title: The Dismissal of Students with Mental Disabilities.
Source: 2000. 33p.

Abstract: This pamphlet offers college and university administrators
and attorneys a road map of the legal issues surrounding the
dismissal of students with mental disabilities (including psychiatric
disorders and learning disabilities) as well as practical guidance on
how best to uphold the school's disciplinary and academic standards
while keeping within the current law. The pamphlet updates and
expands upon an earlier pamphlet.
Availability: National Association of College and University
Attorneys, One Dupont Circle, N.W., Suite 620, Washington, DC 20036.
Tel: 202-833-8390; Fax: 202-296-8379; Web site: http://www.nacua.org.
Accession Number: ED45275

Author(s): Murray, Kyle; Helms, Lelia B.
Title: The Buck Stops Here: Graduate Level Disability Services and
the 1998 Rehabilitation Act Amendments.
Source: Journal of College and University Law. v28 n1 p1-39 2001

Abstract: Explores two aspects of financial dilemmas in postsecondary
education and disability law: who pays for funding of students'
auxiliary aids and for how long. Suggests that in the 1998
Rehabilitation Act Amendments, Congress implicitly acknowledged that
agencies may sometimes be unable to offer students a full range of
vocational services, representing a departure from the earlier
"maximization" standard.
Accession Number: EJ641334

Title: Office for Civil Rights: Ensuring Equal Access to Quality
Education. Revised.
Note: For the 1996 brochure, see ED 402 646.

Abstract: This brochure describes the activities of the Office for
Civil Rights (OCR) in the U.S. Department of Education. The OCR is a
law-enforcement agency charged with upholding the federal
civil-rights laws that prohibit discrimination on the basis of race,
color, national origin, sex, disability, and age in programs and
activities that receive federal financial assistance. The pamphlet
describes how civil-rights laws apply to most educational
institutions in the nation, including almost 15,000 school districts
and more than 3,600 colleges and universities, as well as students
and employees

Corporate Author: Office for Civil Rights (ED), Washington, DC.
Title: Office for Civil Rights. Annual Report to Congress, Fiscal
Year 1998. Guaranteeing Equal Access to High-Standards Education.

Abstract: This annual report details the responsibilities of the
Office of Civil Rights (OCR). It outlines the main purpose of the
OCR--the agency within the United States Department of Education that
regulates and enforces civil-rights laws against discrimination in
education programs and activities receiving federal financial
assistance. The focus of the agency is to provide student applicants
and students equal access to programs and services.
Availability: Tel: 800-421-3481 (Toll Free).

Corporate Author: Office for Civil Rights (ED), Washington, DC.
Title: Auxiliary Aids and Services for Postsecondary Students with
Disabilities: Higher Education's Obligations under Section 504 and
Title II of the ADA.  Source: 1998. 16p.

Abstract: This booklet addresses requirements under Section 504 of
the Rehabilitation Act of 1973 and Title II of the Americans with
Disabilities Act of 1990 concerning provision of auxiliary aids and
services for students with disabilities at the postsecondary level.
Accession Number: ED425687

Corporate Author: Office for Civil Rights (ED), Washington, DC.
Title: Impact of the Civil Rights Laws.  Source: 1999. 11p.
Note: For 1997 edition, see ED 414 634.

Abstract: In the last 3 decades, Congress has enacted a number of
civil rights statutes that prohibit discrimination on the basis of
race, gender, disability, and age in educational programs and
activities receiving federal financial assistance.  This fact sheet
provides indicators of progress in  removing racial, gender, disability,
and age barriers to equal educational opportunity at the national, state, and local levels.
Accession Number: ED425548

Corporate Author: Office for Civil Rights (ED), Washington, DC.
Title: Impact of the Civil Rights Laws.  Source: 1997. 10p.

Abstract: In the last 3 decades, Congress has enacted a number of
civil rights statutes prohibiting discrimination in educational
programs and activities receiving federal financial assistance. These
statutes are: Title VI of the Civil Rights Act of 1964 (prohibiting
race, color, and national origin discrimination); Title IX of the
Education Amendments of 1972 (prohibiting sex discrimination);
Section 504 of the Rehabilitation Act of 1973 (prohibiting disability
discrimination); Title II of the Americans with Disabilities Act 1990
(prohibiting disability discrimination by public entities); and the
Age Discrimination Act of 1975 (prohibiting age discrimination). This
publication provides information about the impact of the civil rights
laws, along with other efforts at the national, state, and local
level, in bringing about equal access and opportunity for all
students. It presents statistics that show progress toward removing
racial, gender, disability, and age barriers to educational
opportunity.
Accession Number: ED41463

Corporate Author: Office for Civil Rights (ED), Washington, DC.
Title: Office for Civil Rights: Ensuring Equal Access to Quality
Education.  Source: 1996. 13p.

Abstract: The Office for Civil Rights (OCR), in the U.S. Department
of Education, is a law enforcement agency. It is charged with
enforcing the federal civil rights laws that prohibit discrimination
on the basis of race, color, national origin, sex, disability, and
age in programs and activities that receive federal financial
assistance. These laws are as follows: (1) Title VI of the Civil
Rights Act of 1964 (prohibiting race, color, and national origin
discrimination); (2) Title IX of the Education Amendments of 1972
(prohibiting sex discrimination); (3) Section 504 of the
Rehabilitation Act of 1973 (prohibiting disability discrimination);
(4) Age Discrimination Act of 1975 (prohibiting age discrimination);
and (5) Title II of the Americans with Disabilities Act of 1990
(prohibiting disability discrimination by public entities, whether or
not they receive federal assistance). This brochure briefly describes
the application of the laws to educational institutions, students,
and employees; the conditions under which the OCR receives
discrimination complaints by the public; how the OCR resolves
complaints and carries out compliance reviews; the availability of
OCR technical assistance; the impact of the civil-rights laws; and
the civil rights challenges ahead.
Accession Number: ED402646

Author(s): O'Shea, Kevin F.; Johnsen, Christopher; Bickel, Robert D.;
Pavela, Gary; Lee, Barbara A.; Tucker, Bonnie Poitras
Title: Higher Education and the Courts: 1996 in Review.
Source: Journal of College and University Law. v24 n2 p131-259 Fall
1997

Abstract: Six articles review and analyze 1996 court litigation
concerning higher education. Topics include: federal immunity law;
tort-accident cases (traditional tort rules in the college or
university setting); disciplinary and academic decisions pertaining
to students; employment discrimination; and disability
discrimination.

Author(s): Pieronek, Catherine
Title: Discrimination against Students in Higher Education.
Source: Journal of College and University Law. v27 n2 p367-415 Fall 2000
Note: Section titled "Higher Education and the Courts: 1999 in Review."

Abstract: Reviews court cases related to discrimination against
higher education students in 1999, focusing on gender, race, and
disability discrimination.
Accession Number: EJ62669

Author(s): Rothstein, Laura F.
Title: Teaching Disability Law.
Source: Journal of Legal Education. v48 n2 p297-309 Jun 1998

Abstract: Reviews the history of teaching disability law and traces
the development of disability law courses, tracking the emergence of
disability discrimination law as a more comprehensive set of legal
requirements. The extent to which schools are offering these courses
and the approaches being used are examined; additional approaches are
also suggested.

Author(s): Scott, S. (1994). Determining reasonable academic adjustments for college students with learning disabilities. Journal of Learning Disabilities, 27, 403.412.

Abstract: Federal law and the implementing regulations have established that appropriate academic adjustments must be provided to college students with learning disabilities in order to ensure meaningful access to higher education. However, federal law is necessarily broad and offers no guidance in how to consider accommodation requests for individual students in specific contexts. To address this issue, legal tenets from federal and case law were examined, and existing guidelines for weighing accommodation requests were reviewed. Recommendations were proposed for determining appropriate academic adjustments for college students with learning disabilities, and persisting issues were discussed.

Author(s): Shaw, Robert A.
Title: The Case for Course Substitutions as a Reasonable
Accommodation for Students with Foreign Language Learning
Difficulties.
Source: Journal of Learning Disabilities. v32 n4 p320-28,49 Jul-Aug
1999
Note: Special Issue: The Boston University Lawsuit.

Abstract: Presents the case for allowing college students with a
learning disability who are unable to meet foreign-language
requirements even with special instruction to substitute related
courses. Discussion is in the context of the 1998 Guckenberger v.
Boston University federal lawsuit. (DB)

Author(s): Silvers, Anita; Wasserman, David
Title: Convention and Competence: Disability Rights in Sports and
Education.
Source: Society. v37 n3 p63-67 Mar-Apr 2000

Abstract: Implementation of the Americans with Disabilities Act has
been complicated by uncertainty about the fundamental nature of
various activities, goods, or services and about what constitutes
competence or qualification in people who are excluded from them.
Discusses how the courts can ascertain the fundamental nature of
conventional activities when determining reasonable accommodation,
reflecting on values that may be protected by the fundamental nature
exception of the law.
Accession Number: EJ658527

Author(s): Simpson, Michael D.
Corporate Author: National Education Association, Washington, DC.
Higher Education Research Center. [BBB35033]
Title: Eleventh Amendment Immunity and Academic Freedom.
Source: NEA Higher Education Research Center Update. v5 n3 Oct 1999, 8p.
Note: Theme issue.

Abstract: This "Update" discusses the impact of the "Seminole Tribe
v. State of Florida" decision on higher education. In essence, the
Court in this decision rescinded the doctrine of "Eleventh Amendment
immunity" and ruled that Congress has only limited power to enact
laws that apply to state governmental entities, including public
colleges and universities. This means that Congress may not have the
constitutional power to extend some federal job protections and
benefits to persons employed by public institutions of higher
education. Recent court decisions suggest that there is no
First Amendment protection inside the classroom. Three
recent court decision show a real curtailment of the free speech
rights of faculty when they are speaking in their roles as employees.
Availability: For full text: http://www.nea.org/he.
Accession Number: ED458846

Sponsoring Agency: Special Education Programs (ED/OSERS), Washington, DC. Corporate Author: Washington Univ., Seattle.
Title: Access to the Future: Preparing College Students with
Disabilities for Careers. DO-IT.  Source: 2001. 8p.
Note: Accompanying 14-minute videotape not available from ERIC.

Abstract: This document and its accompanying 14-minute open-captioned
videotape summarize legal issues related to the employment of people
with disabilities, methods for creating inclusive programs,
accommodation strategies, and tips for working with individuals with
disabilities.
Availability: DO-IT, University of Washington, Box 355670, Seattle,
WA 98195-5670. Tel: 206-685-DOIT; Tel: 888-972-DOIT (Toll Free); Fax:
206-221-4171; e-mail: doit@u.washington.edu; Web site:
http://www.washington.edu/doit/.
Accession Number: ED461970

Author(s): Thompson, Anne R.; Bethea, Leslie L.
Sponsoring Agency: Office of Special Education and Rehabilitative
Services (ED), Washington, DC.
Corporate Author: Mississippi State Univ., Mississippi State. Dept.
of Counselor Education and Educational Psychology.
Title: Student Survey of Knowledge of Disability Laws and Recent
Legal Decisions.  Source: 1996. 18p.

Abstract: Intended for surveying the knowledge of college students
and college faculty/staff about the rights and responsibilities of
students with disabilities, this survey form and corresponding answer
sheets provide 28 questions, their correct responses, and references
to laws or literature. Emphasis is on providing information about the
provisions of Section 504 of the Rehabilitation Act and the Americans
with Disabilities Act, which require institutions of higher education
to make accommodations and modifications of policy to ensure that
students with disabilities have an equal educational opportunity.
Also, court decisions concerning these rights are emphasized.
Accession Number: ED405667

Author(s): Thomas, Stephen B.
Title: College Students and Disability Law.
Source: Journal of Special Education. v33 n4 p248-57 Win 2000
Note: Special Issue: Reauthorization of the Individuals with
Disabilities Education Act: Analysis and Implications for Practice.

Abstract: This article briefly reviews Section 504 of the 1973
Rehabilitation Act and the Americans with Disabilities Act of 1990
and identifies criteria used to determine whether a student is both
"disabled" and "qualified." Then, specific areas of admission,
accommodation, and dismissal are examined. Finally, guidelines for
professors and administrators are offered.
Accession Number: EJ601468

Author(s): Thomas, Stephen B.
Corporate Author: Education Law Association, Dayton, OH. [BBB34950]
Title: Students, Colleges, and Disability Law.  Source: 2002. 297p.

Abstract: This book describes various aspects of disability law in ten chapters: (1) introduction; (2) student disability services; (3) mental disabilities and
accommodation; (4) physical disabilities, accommodations, and access;
(5) admission and financial aid; (6) accommodations and
modifications; (7) student records; (8) intercollegiate sport; (9)
disciplinary and academic dismissal and other sanctions; and (10)
disability discrimination in employment. Although simple solutions
cannot be provided to resolve the complex problems identified in the
above chapters, the material presented does provide a solid base on
which to build. A table of cases and administrative decisions and an
index conclude the book. (References contains in each chapter.)
Availability: Education Law Association, 300 College Park, Mail Drop
0528, Dayton, OH 45469 ($30). Tel: 937-229-3589; Fax: 937-229-3845;
e-mail: 937-229-3589.
ISBN: 156534104X
Accession Number: ED464409

Author(s): Toma, J. Douglas; Palm, Richard L.
Sponsoring Agency: Office of Educational Research and Improvement
(ED), Washington, DC.
Corporate Author: George Washington Univ., Washington, DC. Graduate
School of Education and Human Development. [BBB32577]
Clearinghouse on Higher Education, Washington, DC. [BBB15669]
Title: The Academic Administrator and the Law: What Every Dean and
Department Chair Needs To Know. ERIC Digest.
Note: For the full report on which this digest is based, see HE 031
883.

Abstract: This digest summarizes the role of the dean or department
chair in dealing with legal issues in higher education. It considers
the types of legal issues which might arise for these administrators
...  It also discusses issues faced daily by academic
administrators, such as employment contracts; nondiscriminatory admissions decisions, especially in the emerging area of disability; confidentiality of student records; and negligence-based institutional liability involving students.
Availability: ASHE-ERIC Higher Education Reports, The George
Washington University, One Dupont Circle, N.W., Suite 630,
Washington, DC 20036-1183; Tel: 800-773-3742, ext. 13 (Toll Free).
Accession Number: ED427627

Author(s): Trohanis, Pascal
Sponsoring Agency: Special Education Programs (ED/OSERS), Washington, DC.
Corporate Author: National Early Childhood Technical Assistance
System, Chapel Hill, NC.
Title: Programs for Young Children with Disabilities under IDEA:
Excerpts from the Twenty-Second Annual Report to Congress on the
Implementation of the Individuals with Disabilities Education Act by
the U.S. Department of Education (2000). Source: 2001. 178p.
Note: The complete Twenty-Second Annual Report to Congress is
available at: http://www.ed.gov/offices/OSERS/OSEP/OSEP2000AnlRpt.

Abstract: This document reproduces selected information from the U.S.
Department of Education's "Twenty-Second Annual Report to Congress on
the Implementation of the Individuals with Disabilities Education Act" (2000). Availability: ED Pubs, P.O. Box 1398, Jessup, MD 20794-1398;
Tel: 877-433-7827 (Toll-Free); Tel: 800-937-0083 (TDD or TTY).
Web site: http://www.ed.gov/pubs/edpubs.html.
Accession Number: ED451638

Author(s): Walling, Linda Lucas, Ed.
Corporate Author: South Carolina Univ., Columbia. National Resource
Center for the Freshman Year Experience and Students in Transition.
Title: Hidden Abilities in Higher Education: New College Students
with Disabilities. Monograph Series, Number 21.  Source: 1996. 111p.

Abstract: This monograph presents 11 papers which bring together
information to help administrators, faculty, and staff in
institutions of higher education better understand the needs of
college freshmen and other new students with disabilities, including
ways to meet those needs and the legal requirements which affect
decision-making about service provision.
ISBN: 1889271187
Accession Number: ED402713

Author(s): Weber, Mark C.
Title: Disability Discrimination in Higher Education.
Source: Journal of College and University Law. v27 n2 p417-45 Fall 2000
Note: Section titled "Higher Education and the Courts: 1999 in
Review."

Abstract: Reviews court cases in 1999 related to disability
discrimination in higher education focusing on the Americans with
Disabilities Act and section 504 of the Rehabilitation Act of 1973.
The "Garrett" case regarding Eleventh Amendment immunity is the case
most likely to be significant in the development of the law of
Accession Number: EJ626696

Author(s): Weber, Mark C.
Title: Disability Discrimination in Higher Education.
Source: Journal of College and University Law. v28 n2 p439-65 2002
Note: Theme section titled "Higher Education and the Courts: 2000 in
Review."

Abstract: Reviews developments in 2000 in the law of disability
discrimination as it relates to higher education, which falls into
five categories: (1) definition of a qualified individual; (2)
accommodations, access, undue burden, and fundamental alteration of
programs; (3) intentional discrimination, harassment, and
retaliation; (4) Eleventh Amendment immunity from liability; and (5)
other issues, including limitations and party status.
Accession Number: EJ645397

Author(s): Weber, Mark C.
Title: Disability Discrimination Litigation and Institutions of Higher Education.
Source: Journal of College and University Law. v25 n1 p53-67 Sum 1998

Abstract: Discusses several of the principal issues involved in
litigation over disability discrimination in colleges and
universities, focusing on enforcement in both administrative and
judicial arenas. Concludes that discrimination legislation is complex
and may unnecessarily exclude qualified disabled individuals from
employment, education, and other mainstream opportunities.

Author(s): Wenkart, Ronald D.
Corporate Author: National Association of Secondary School
Principals, Reston, VA
Title: The Americans with Disabilities Act and Its Impact on Public
Education.
Source: A Legal Memorandum. Apr 1995 10p.

Abstract: This paper summarizes implications of the Americans with
Disabilities Act (ADA) on public education. It notes similarities
between the ADA and Section 504 of the Rehabilitation Act of 1973
which already prohibits discrimination against people with
disabilities in most public schools.
Availability: National Association of Secondary School Principals
(NASSP), 1904 Association Dr., Reston, VA 22091-1537 ($4 annually
which is included in NASSP dues; $3 single copy, non-members; $2
single copy, members; quantity discount available; payment must
accompany orders of $15 or less).
Accession Number: ED381912

Author(s): Williams, Shirley J.
Title: Accommodating the Disabilities of Future Teachers: Impact of
Section 504 and the American Disabilities Act and the Legal
Responsibilities for Teacher Education Programs and Policy
Development.  Source: 1998. 34p.
Note: Paper presented at the Annual Meeting of the American
Association of Colleges for Teacher Education (50th, New Orleans, LA,
February 26, 1998).

Abstract: As increasing numbers of students with disabilities enter
the country's teacher education programs, violations of their civil
rights are on the increase. The Rehabilitation Act of 1973 prohibits
discrimination against individuals with disabilities at institutions
which receive federal funds. Section 504 of the Act requires
educational programs to remove barriers to the success of individuals
with disabilities in higher education, and it defines who is
protected. The Americans with Disabilities Act of 1990 (ADA) extends
further coverage by prohibiting discrimination against qualified
individuals with disabilities by public and private institutions.
Accommodations fall into the categories of classroom, lecture,
examination, assignment, and administrative accommodations. Teacher
education programs and partnering school districts must examine how
various disabling conditions affect the requirements of the
profession at both preservice and inservice levels.
Accession Number: ED417166

Author(s): Zirkel, Perry A.
Sponsoring Agency: Office of Educational Research and Improvement
(ED), Washington, DC.
Corporate Author: National Organization on Legal Problems of
Education, Topeka, KS.
Title: The Law of Teacher Evaluation: A Self-Assessment Handbook.
Source: 1996. 53p.

Abstract: Detailed explanations of the legal issues involved in
teacher evaluation are discussed in this concise handbook.
Includes: a summary chart of legislation, regulations, and guidelines
for the 50 states and a list of the chart citations; a resource list;
Availability: Phi Delta Kappa, P.O. 789, Bloomington, IN 47402-0789
($4.50 members, $6 nonmembers).
ISBN: 087367488X
Accession Number: ED407378