Higher Education and Disability Discrimination: A Fifty Year Retrospective

Journal of College and University Law, Vol. 36, pp. 843-874, 2010

University of Louisville School of Law Legal Studies Research Paper Series No. 2010-05

32 Pages Posted: 6 Aug 2010  

Laura Rothstein

University of Louisville - Louis D. Brandeis School of Law

Date Written: August 4, 2010

Abstract

This article tracks the judicial, statutory, and regulatory developments affecting students with disabilities from 1960 to 2010. It reviews the evolution of legal issues from the 1973 Rehabilitation Act and the 1975 special education law. It highlights cases that framed the requirements for who is disabled, what it means to be otherwise qualified, and what reasonable accommodations must be provided. It notes emerging issues including documentation of disabilities, students with psychological impairments, the impact of the 1990 Americans with Disabilities Act (and the 2008 amendments), emotional support animals, access to technology, programs abroad and field placements, and the relationship of professional education programs to the professional licensing process.

Keywords: higher education, disability discrimination, disabilities, special education, Rehabilitation Act, ADA

JEL Classification: K10, K40

Suggested Citation

Rothstein, Laura, Higher Education and Disability Discrimination: A Fifty Year Retrospective (August 4, 2010). Journal of College and University Law, Vol. 36, pp. 843-874, 2010 ; University of Louisville School of Law Legal Studies Research Paper Series No. 2010-05. Available at SSRN: https://ssrn.com/abstract=1653466

Laura Rothstein (Contact Author)

University of Louisville - Louis D. Brandeis School of Law ( email )

Wilson W. Wyatt Hall
Louisville, KY 40292
United States
502-852-6288 (Phone)

HOME PAGE: http://www.law.louisville.edu/

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