Equity in Education Legal Database v0.1
 

Related Laws and Acts

Rehabilitation Act of 1973



 

Brookhart v. Illinois State Board of Education (1983)

Details:

Students with disabilities attended a high school requiring a minimum competency test (MCT) in order to graduate. The Seventh Circuit Court heard a case on whether requiring the passing of the MCT constituted illegal discrimination under the Rehabilitation Act. It was determined that altering the content or waiving the test was not a reasonable accommodation, and that "a student who is unable to learn because of his handicap is surely not an individual who is qualified in spite of his handicap."

However, it was also determined that if a student's disability prevents the student from accessing the format or the environment of the assessment, accommodations must be provided to create a format or environment that is accessible and that truly assesses the learning the student has achieved.

 

Applications and Implications:

  • Waiving existing requirements is not a reasonable accommodation for students with disabilities, as a failure to meet requirements does not mean that the student is otherwise qualified.
  • A student is entitled to an assessment format and environment that is accessible and fair considering their disability in order to prove that they are otherwise qualified.

 

Imber, Michael and Tyll van Geel (2004). Education Law (3rd ed.). Mahwah, MJ: Lawrence Erlbaum Associates, p. 261.
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