Disability discrimination in nursing education: an evaluation of legislation and litigation

Abstract

The Americans With Disabilities Act of 1990, the Civil Rights Restoration Act of 1987, and Section 504 of the Rehabilitation Act of 1973 have created rights for students with disabilities who choose to pursue an education in the health care disciplines. These statutes have also created new concerns for nursing educators as they assess students' qualifications for admission, retention, or dismissal. This article explores legislation and the judicial interpretation of the laws that affect disabled students in health care professions. Specifically, the article reviews and analyzes the reported case law in which health care students have claimed discrimination against education programs because of their disabilities. The analysis considers the requirements of the institution to assess or recognize if the student has a disability; to determine if the student is otherwise qualified to perform the essential responsibilities of the student role; and to establish reasonable accommodations for the student's learning environment. Finally, current and future implications for nursing education programs are presented.