The results of recent cases indicate that residences and dormitories owned by higher education institutions should be considered "dwellings," and thus subject to the Fair Housing Act. The Fair Housing Act (1968) as amended requires that the providers of dwellings accommodate assistance animals, which includes not only service animals,…

This qualitative multiple case study examined diversity perceptions of California community college senior leaders and sought to provide insights into how a senior leader's view of diversity concepts influences their actions in succession planning and selection of leaders and faculty. An in-depth qualitative analysis of participant interviews and…

A court case in which a dyslexic medical student was dismissed from medical school because he was unable to pass multiple-choice examinations is discussed, and its implications for higher education are examined. Standards in the Rehabilitation Act of 1973 are considered, and recommendations are made for institutions admitting handicapped students.…

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…

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. (MSE)

Because certain disabilities cause students to need additional time to complete course work, law schools typically allow enrollment in fewer credit hours, which requires additional time for program completion. Tuition adjustment is considered as a possible solution to this problem, and it is concluded law schools may have to adjust tuition…

Explores legal issues for colleges and universities in responding to disabled students' requests to participate in intercollegiate athletics, outlines statutory requirements of relevant federal legislation, gives an overview of recent case law, and analyzes how institutions can best address the requirements. Concludes that schools must make all…

Reviews 1995 case law concerning discrimination against college students, in which legal analysis often resembles that of employment discrimination cases but has subtle twists in application and may involve constitutional issues. Cases discussed touch issues of racial discrimination, gender discrimination (systemic and against individuals), and…

This paper focuses upon a variety of curriculum related issues that have potential legal connotations, such as whether the college bulletin forms a contract, whether advertisements can be considered contracts, and determining the appropriateness of student discipline for academic and other reasons. Presented first is a brief overview of contract…

Gives an overview of the obligations of postsecondary institutions toward students with disabilities under Titles II and III of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. Asserts that, although these statutes assist students with disabilities in becoming integral members of society, the attitudinal barriers they…

Federal laws protecting those with disabilities from discrimination are reviewed, and court decisions that have interpreted federal law are examined to see how the respective interests of professional disabled students and school administrators were treated. Implications for dental schools are considered. (Author/MSE)

Examination of recent cases highlights major provisions and judicial treatment of higher education institutions under the Americans with Disabilities Act. Discusses: covered entity, disability, qualified individuals, reasonable accommodation, scope of protection, testing under the legislation, medical testing, drug/alcohol use.…

Discusses legal aspects of "flagging" college entrance examination scores of students whose special testing accommodations indicate a disability. Provisions of statutes and regulations, judicial decisions, and administrative agency findings governing this practice are outlined, its legality is examined, and factors for admissions…

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. It…

The impact of a college administrator's decision that imposes conditions on enrollment of an emotionally or mentally impaired student is examined in the context of constitutional and federal law, including Section 504 of the Rehabilitation Act of 1973. The school's responsibility in such cases is discussed including providing the student with…