In July 2022, the United States Department of Education Office for Civil Rights issued guidance on supporting students with disabilities and avoiding the discriminatory use of student discipline under Section 504 of the Rehabilitation Act of 1973. The purpose of this guidance is to remind schools of their obligations under the law specific to…

Reviews court cases in 1999 related to disability discrimination in higher education focusing on the Americans with Disabilities Act and section 504 of the Rehabilitation Act of 1973. The "Garrett" case regarding Eleventh Amendment immunity is the case most likely to be significant in the development of the law of disability…

The author explains the provisions of Title V of the Rehabilitation Act of 1973 (P.L. 93-112) which guarantees the civil rights of people with disabilities. (SBH)

Synopsizes a case that tested the role of the state in decisions to withhold surgery from handicapped newborns. Suggests that parents should retain primary decision making authority--until legislation is worded clearly enough for effectual court interpretation, and government is willing to provide more funding and support services for the…

Considers effects of section 504 (Title V) upon disabled applicants to, and students at, U.S. colleges and universities. Analyzes the Supreme Court's decision in "Southeastern Community College v. Davis," focusing on postsecondary education provisions of DHEW enforcement regulations. Discusses policy ramifications regarding the…

Analyzes briefly some of the compliance standards of the Americans with Disabilities Act of 1990 (ADA), using the evolution of disability discrimination law under the Rehabilitation Act of 1973 as a guide. Concludes that the ADA's compliance standards are more vaguely worded than the earlier legislation, possibly opening the door to a wave of…

The author presents guidelines for federal contractors in complying with the Rehabilitation Act of 1973, in view of stepped-up government enforcement activities. She describes provisions of the Act, some complaints filed under its affirmative action section, and personnel practices that contractors may use for creative compliance with federal law.…

Twenty years ago, a minuscule advisory body in the Department of Education (ED), known then as the National Council on the Handicapped, was elevated to the status of an independent federal agency. The legislation that made what is now called the National Council on Disability (NCD) independent also gave it an ambitious agenda that greatly exceeded…

Over the past 3 to 4 years, Cornell University has been involved in research to explore how disability discrimination legislation impacts employer policies and practices regarding hiring, retaining, and accommodating applicants and employees with disabilities. The purpose of this paper is to describe the process by which Cornell conducted this…

Key issues surrounding a public broadcasting licensee's obligation to provide access to television programs to the hearing impaired are examined in the context of two recent court decisions. Background of the Rehabilitation Act of 1973 and the Federal Communications Commission's concern regarding the hearing impaired are considered. (MSE)

Analyzes existing legislation, regulations, and case law interpreting statutory mandates to provide a survey of the current status of employment rights for the handicapped. Suggests an administrative framework to alleviate weaknesses in existing governmental programs. Available from Marshall-Wythe School of Law of the College of William and Mary,…

This article delineates legal protections prohibiting employment discrimination of individuals with learning disabilities. The Rehabilitation Act of 1973 (Title V) and Americans with Disabilities Act (Title I) are described, fundamental concepts are discussed, and strategies are presented for ensuring that these laws are relied upon appropriately…

In administering its 300-plus programs, HEW begins the enforcement of a wide-ranging law to protect the rights of more than 36 million handicapped individuals living in the United States. (Editor)

Recent focus on litigation and administrative concerns for the handicapped focus on the right to recreation and participation in sports. Statutory and regulatory requirements, physical education and athletics requirements, enforcement of Section 504 rights, and planning for compliance are discussed. (MLW)

The 1977 regulations and the case law interpreting Section 504 of the Rehabilitation Act of 1973 are explored as both pertain to postsecondary educational programs with particular application to pharmacy schools. Some court cases involving deaf students are discussed. (Author/MLW)