DISABILITY LESSONS IN HIGHER EDUCATION: ACCOMMODATING LEARNING-DISABLED STUDENTS AND STUDENT-ATHLETES UNDER THE REHABILITATION ACT AND THE AMERICANS WITH DISABILITIES ACT

American Business Law Journal, October, 2003 by Denbo, Susan M

INTRODUCTION

Under the Americans with Disabilities Act (ADA)1 and Section 504 of the Rehabilitation Act of 1973 (Section 504),2 institutions of higher education are prohibited from discriminating against individuals with disabilities.3 This prohibition imposes upon colleges, universities and professional schools an obligation to provide a disabled student with reasonable accommodations to ensure that the institution's requirements do not discriminate on the basis of such student's disabilities, as long as the student meets his or her burden of proving the requisite elements of an ADA or Section 504 claim.4 The federal disability laws have also impacted the National Collegiate Athletic Association's (NCAA) initial and continuing academic eligibility standards.5 This article...

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