Learning Disabilities, ADHD, and College Students

Legal Rights and IssuesLD Seminar 2015

LD Seminar 2015

Section 504 and the ADAKey terms, issuesWhat colleges can and cannot doShould I disclose my LD?Will I be discriminated against?Important court casesHow should I go about requesting accommodations?To begin: what does it mean to be protected under 504?

Concept of protected classGroups of people who have a history of being discriminated againstProtected classes prohibit discrimination based on race, ethnicity, national origin, religion, age, sex, sexual orientation, and disability

Protected ClassA group of people protected by law from discrimination or harassment based on their membership in the group. For example, under federal law (ADEA), workers over 40 years of age are a protected class.

Who is eligible for protection under Section 504 (and the ADA)? p 75, Brinckerhoff

Person with a disabilityAn individual who: Has a physical or mental impairment that substantially limits one or more major life functions (e.g. walking, seeing, learning, concentrating)Has a history of such impairment, orIs regarded as having such an impairment, andIs deemed otherwise qualified despite the disability

What does otherwise qualified mean?The individual meets the academic and technical standards necessary for admission or participation in the program

Disabilities Covered Under Section 504Alcoholism**Attention deficit disorderBlindness, visual impairmentsCancer Cerebral palsyContagious diseasesDeafness, hearing impairmentsDiabetesDrug addiction**Epilepsy

disabilities covered:Heart diseaseHIV-AIDSLearning disabilitiesMental retardationMultiple sclerosisMuscular dystrophyOrthopedic impairmentsSpeech impairmentsTraumatic brain injuryNote: status of alcoholism and drug addiction protectionsRaytheon Co. v Hernandez

Self-DisclosureShould an LD student self-disclose when applying to colleges?Yes, in order to explain past inconsistencies in your record, eg. poor SAT scores, grades, time off, etc.If there are not past inconsistencies, it may not make sense to disclose

Another important question: Who pays for accommodations and/or auxiliary aids?Not the student! See pg. 99 Brinckerhoff articleWhat are colleges not allowed to do, according to the law?

Section 504 and ADAImportant Court Cases

Name of CaseIssues in QuestionFacts of the CaseOutcomes of the Case

Case 1Southeastern Community College v Davis, 1979

Issues in QuestionOtherwise qualifiedEssential to the program of instruction

Note: This was the first Supreme Court challenge of 504 regs.

Facts of the CaseMs. Davis applied to SCCs nursing program, was a good candidate

Interviewed - obvious she had severe hearing loss, relied on lip reading

SCC had a required practicum; half in operating room and half in intensive care unit

Couldnt lip read in OR - monitoring equipment in ICU was difficult

She requested waiver of practicum, or full time supervised help to complete

SCC rejected her application, refused to change practicum requirement

Outcomes of the CaseSupreme Court ruled she was not otherwise qualified - no accommodation would allow her to perform the essential functions

Helped clarify otherwise qualified and essential to the program of instruction

Also, direct threat concept: dont have to accommodate if a persons participation would pose a direct threat to the health or safety of themselves or others

Name of CaseIssues in QuestionFacts of the CaseOutcomes of the Case

Case 2

Campbell Dinsmore v. Charles Pugh and University of California at Berkeley (1990)

Issues in QuestionExtended time on testsFaculty liabilityGrievance procedures

Facts of the CaseCampbell Dinsmore had documented case of dyscalculia

Requested extended time on math tests

Math professor refused, even though Dinsmore had provided appropriate documentation to ODS

ODS, math dept chair, all administrators supported students request

Math profs response? No way, not in my class; there is no such thing as a learning disability; there are fast students and slow students all students should be tested equally; no one has the right to tell me what to do in my classroom

Profs concern: extended time would give the LD student an unfair advantage over other students

Kay Runyan (at UC) study demonstrated extended time doesnt help non LD students Nothing altered the profs mind

Outcomes of the Case

OCR found UC to be in violation; ordered them to develop grievance procedures so that no single prof could again violate a students civil rights

UC established policy: 1) ODS determines appropriate accommodation, 2) faculty member who disagrees can go to grievance committee, 3) prof and college have to go along with the committees decision, 4) college is responsible for committees decision if legal action is taken

Dinsmore filed civil suit against the prof for violation of civil rights; court accepted case, they settled out of court

Important precedent 504 had always been seen as an institutional mandate; showed that individuals could be held liable

Case 3:Wynne v. Tufts University School of Medicine (1991)

Issues in QuestionAlternative test formatsWhat is essential to the program of instruction?

Facts of the Case:Wynne was a first year medical student failed 8 out of 15 courses

Was tested at university expense, found to have dyslexia

He requested oral exams and petitioned to retake first year

Tufts refused oral exams but let him repeat first year, gave him special tutoring in all subjects he had failed, use of note-takers, extended time on tests, and a skills tutor

Did better on second try but still failed two courses, was dismissed from Tufts

Facts (continued)Petitioned to retake those examinations for a third time; Tufts granted his request, he retook exams, failed biochemistry for a third time, was again dismissed

Petitioned to be readmitted and asked that he be given alternative to multiple choice tests

Tufts denied request, said MC tests were essential part of program - similar to decisions a doctor would have to make every day

Outcomes of the Case:Court : Tufts failed to establish that MC tests were essential; ordered them to go back and prove itTufts polled three med school faculty who all said MC tests were essential for being a physician

Tufts didnt consult with anyone who was knowledgeable about LDs

Tufts: not MC tests that are essential to the program, but the ability to reason deductively; Best way to measure deductive reasoning? MC tests

Court questioned validity of that argument but agreed that Tufts should be able to measure deductive reasoning however they wanted

Court agreed that altering the test format would compromise the tests ability to show a future doctors ability to make subtle distinctions based on seemingly small but significant differences in written information

Point: student had already been admitted to med school so obviously had done well on many MC tests; MC tests were not the real reason for his failure

As of yet, no judicial determination on alternative test formats

Case 4Elizabeth Guckenberger v. Boston University (1997)

Issues in QuestionDocumentation of an LDCourse substitutionsWho decides on requests for accommodations?

Facts of the CaseFall 1995, BU had 500 LD students on 30,000 student campus

One of best LD programs in the country

Jon Westling took over as Provost, heard LD students were substituting courses, was outraged

Decided students must be retested every 3 years

Diagnosis must be made by person with PhD

No course substitutions in foreign language or math

Westling himself, would decide on all students requests for accommodations

Brinckerhoff, entire staff quit

Guckenberger, a BU law student with dyslexia, filed a class action law suit with 10 other students

Outcomes of the CaseBU violated 504/ADA by:Requiring testing every 3 years (except for ADHD)Refusing testing by non-PhD professionals (except for ADHD)Refusing to allow course substitutions for foreign language(math substitutions were not contested at trial)

Westling deciding on accommodations would also violate 504/ADA

Monetary settlements to six students, totaling $30,000

Somnolent Samantha??

Case 5Rothberg v. LSAC (Law School Admissions Council) 2004

Issues in QuestionExtended time on Law School Admissions Test

Who decides on accommodations?

Facts of the CaseAmy Rothberg - student at Colorado, then Syracuse U., had a 3.3 gpa

Diagnosed with LD in 2nd grade, had tutoring, extra time on tests, etc.

Took other college admissions tests with extra time, scored above average

LSAC denied extra time because recommendation from a high school teacher was out of dateDenied her a second time b/c a psychologist had not administered a certain testAnother psychologist gave her the test, then they denied her a third time saying she wasnt substantially disabled

Outcome of the CaseJudge Wiley Daniel ordered LSAC to give Rothberg time and a half for LSATAlso allowed to take test away from distractions of other studentsAlso pointed out that the LSAC official who denied her had no qualifications in LDDo you see any irony here?

Case 6Doe v. New York University (1981)

Issues in QuestionOtherwise qualified Mental illness diagnosis

Facts of the CaseJane Doe was medical student at NYU

Had history of mental health problems, starting in 3rd grade through adulthood

Accepted at NYU in 1975; on application said she never had mental health problems

During required physical exam, doctor noted scars from cutting

Doe admitted past problems, went for evaluation; was required to go to therapy

Shortly after, hurt herself again and was asked to leave NYU

Completed psychiatric treatment, got positive recommendations from doctors, applied for readmission to NYU in 1977

NYU rejected her, saying she suffered from Borderline Personality Disorder

Doe sued for discrimination

Outcomes of the Case1981, Judge ruled she had been denied access on basis of disability; no other reasonMust consider actions, not diagnosisFrom 1977-1981 Doe completed MS degree at Harvard, worked at Dept of Ed and Welfare, did well

Case 7 Maczaczyj v State of New York (1997)

Issues in QuestionReasonable Accommodations

Facts of the CaseMaczaczyj was Masters student at Empire State College

M. suffered from anxiety disorders, agoraphobia - recovering alcoholic and drug addict didnt want to use meds

College said he could bring friend or advisor to class, could isolate himself in vacant room when needed, could be excused from all social activities, could choose where to hold meetings

M. requested that program be made available to him via distance learning (telecommuncation); college said this would erode integrity of curriculum

Outcomes of the CaseCourt: M. failed to show that his requested accommodation was reasonable

Being present in class was essential to program

Are there special rules, or exceptions to rules, for some colleges or universities?

**********************************Difficulty with grade school teacher; psychologist intervenedAt 14, she argued with parents, attempted suicide by taking sleeping pillsIn her 20s she cut herself several times, causing significant injuries, once requiring a blood transfusionShe violently attacked several of her doctors and psychiatristsWas hospitalized several timesYet did well enough in college to get accepted into NYU medical school*****