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

摘要

The ADA and Section 504 have enabled leaning-disabled students and student-athletes to continue their education and athletic participation at the post-secondary level. While the current legislation has expanded the educational opportunities for these students, the lack of clear regulatory guidance in the area of learning disabilities has sometimes made it difficult for them to attain the accommodations that they need to succeed. Clear definitions of learning disabilities, coupled with reasonable documentation requirements, would greatly enhance the likelihood that deserving students reap the full advantages afforded by disability discrimination legislation. In addition, for purposes of determining whether learning-disabled post-secondary students are in fact "disabled" under the ADA, courts should compare them to a similarly educated comparison group and not to the general population. Furthermore, any cognitive coping mechanisms that these learning-disabled students employ should not be considered mitigating measures that bar them from the protection of the ADA. Finally, since it is evident that "neutral" eligibility criteria adopted by universities and the NCAA can have a detrimental impact on learning-disabled students and student-athletes, universities and the NCAA should be flexible in the manner in which they enforce these rules, taking care to provide each learning-disabled student with a timely, individualized assessment of his or her record. A rigid enforcement of standardized criteria may harm learning-disabled students without necessarily furthering the academic or athletic mission of the organization.