Disability law and nursing education: an update

Abstract

Over the past decade, the courts have been called upon to apply the provisions of the Americans With Disabilities Act and Section 504 of the Rehabilitation Act in several cases with implications for programs of nursing education. Courts have restricted who may be considered a qualified individual with disabilities. They have clarified the relative obligations of both students and educators in determining accommodations. Courts have been especially deferential to educational programs preparing health care professionals when program standards and pedagogical requirements are clearly articulated. However, accessibility and compliance with recommendations for accommodations are required at all sites where students are educated. Less clear are judicial interpretations related to making technology accessible and to the disclosure by programs of information about students' disabilities during licensing. These findings lead to several conclusions. First is the need for development of profession-wide standards of competencies and skills for nurses. Second is the need for dialogue about the potential for disability discrimination between nursing educators and state licensing bodies. Last is that faculty and administrators can proceed with some degree of confidence in protecting program practices that are based on sound pedagogical reasoning.