Equity in Education Legal Database v0.1
 

Related Laws and Acts

Rehabilitation Act of 1973

 

Southeastern Community College v. Davis (1979)

Details:

A woman was denied admission to a nurse's training program because of her hearing disability. She sought legal recourse since she was qualified in the other areas required by the program. The program posited that her disability prevented her from performing both program requirements and the responsibilities of the profession. She lost her case in front of the Supreme Court, which ruled that "otherwise qualified" in the Rehabilitation Act meant that the individual would be able to meet the requirements of a program despite the handicap in question, not that the requirements in which the individual would be limited should be removed.

 

Applications and Implications:

  • The term "otherwise qualified" was clarified to mean that an individual must be able to meet the requirements of a program.

 

Imber, Michael and Tyll van Geel (2004). Education Law (3rd ed.). Mahwah, MJ: Lawrence Erlbaum Associates, p. 259.
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