laura rothstein | professor & distinguished university scholar | university of louisville |...

Laura Rothstein | Professor & Distinguished University Scholar | University of Louisville | Brandeis School of Law

Disability Discrimination: Disability Discrimination: Forty Years after Forty Years after

Section 504Section 504Impact on Higher EducationImpact on Higher Education

2013

© Laura Rothstein

Professor of Law and Distinguished University Scholar | University of Louisville Louis D. Brandeis School of Law

Laura Rothstein | Professor & Distinguished University Scholar | University of Louisville | Brandeis School of Law

1973: Sports Highlights1973: Sports Highlights

Laura Rothstein | Professor & Distinguished University Scholar | University of Louisville | Brandeis School of Law

1973: Sports Highlights1973: Sports Highlights

Laura Rothstein | Professor & Distinguished University Scholar | University of Louisville | Brandeis School of Law

1973: Sports Highlights1973: Sports Highlights

Laura Rothstein | Professor & Distinguished University Scholar | University of Louisville | Brandeis School of Law

1973: Movies1973: Movies

Laura Rothstein | Professor & Distinguished University Scholar | University of Louisville | Brandeis School of Law

1973: Movies1973: Movies

Eileen Heckart — best supporting actress for Butterflies are Free

Laura Rothstein | Professor & Distinguished University Scholar | University of Louisville | Brandeis School of Law

1973: TV Programs1973: TV Programs

Laura Rothstein | Professor & Distinguished University Scholar | University of Louisville | Brandeis School of Law

1973: TV Programs1973: TV Programs

Laura Rothstein | Professor & Distinguished University Scholar | University of Louisville | Brandeis School of Law

1973: TV Programs1973: TV Programs

Masterpiece Theatre

Laura Rothstein | Professor & Distinguished University Scholar | University of Louisville | Brandeis School of Law

1973: Popular Culture1973: Popular Culture

Laura Rothstein | Professor & Distinguished University Scholar | University of Louisville | Brandeis School of Law

1973: Popular Culture1973: Popular Culture

Laura Rothstein | Professor & Distinguished University Scholar | University of Louisville | Brandeis School of Law

1973: International Events1973: International Events

Vietnam War winding down

Laura Rothstein | Professor & Distinguished University Scholar | University of Louisville | Brandeis School of Law

1973: International Events1973: International Events

Yom Kippur War in Israel

Laura Rothstein | Professor & Distinguished University Scholar | University of Louisville | Brandeis School of Law

1973: U.S. Political Events1973: U.S. Political Events

Laura Rothstein | Professor & Distinguished University Scholar | University of Louisville | Brandeis School of Law

1973: U.S. Political Events1973: U.S. Political Events

Watergate Hearings

Laura Rothstein | Professor & Distinguished University Scholar | University of Louisville | Brandeis School of Law

1973: Major Legal Developments1973: Major Legal Developments

Roe v. Wade

Laura Rothstein | Professor & Distinguished University Scholar | University of Louisville | Brandeis School of Law

1973: Major Legal Developments1973: Major Legal Developments

San Antonio v. Rodriguez

Laura Rothstein | Professor & Distinguished University Scholar | University of Louisville | Brandeis School of Law

1973: Major Personal Event1973: Major Personal Event

Laura Rothstein | Professor & Distinguished University Scholar | University of Louisville | Brandeis School of Law

1973: Section 504 of the 1973: Section 504 of the Rehabilitation Act PassesRehabilitation Act Passes

“No otherwise qualified individual with a disability…

shall, solely by reason of her or his disability, be excluded

from the participation in, be denied the benefits of, or be

subjected to discrimination under any program or

activity receiving

Federal

financial

assistance…”Note: Original statute used “handicap” instead of “disability”

Laura Rothstein | Professor & Distinguished University Scholar | University of Louisville | Brandeis School of Law

Americans with Disabilities ActAmericans with Disabilities Act

• 1990: Expands coverage more broadly

• 1999: Supreme Court narrows definition of disability

• 2008: Congress returns to broad definition

Photo : George Bush Presidential Library and Museum

Laura Rothstein | Professor & Distinguished University Scholar | University of Louisville | Brandeis School of Law

Definition of DisabilityDefinition of Disability

• Three part test

– Substantial limitation to one or more major life activities

– Record of such an impairment

or– Regarded as having such an impairment

Dan must be crazy!

Laura Rothstein | Professor & Distinguished University Scholar | University of Louisville | Brandeis School of Law

Key Principles of ADA Key Principles of ADA & Section 504& Section 504

• Must have disability

• Must be otherwise qualified(Not pose a direct threat)

• Appropriate documentation

• Prohibits discrimination and requires reasonable accommodation

Laura Rothstein | Professor & Distinguished University Scholar | University of Louisville | Brandeis School of Law

Otherwise QualifiedOtherwise Qualified

Southeastern Community College v. Davis

Laura Rothstein | Professor & Distinguished University Scholar | University of Louisville | Brandeis School of Law

Architectural BarriersArchitectural Barriers

Laura Rothstein | Professor & Distinguished University Scholar | University of Louisville | Brandeis School of Law

Accommodations in Accommodations in Higher EducationHigher Education

Laura Rothstein | Professor & Distinguished University Scholar | University of Louisville | Brandeis School of Law

Learning and Related DisabilitiesLearning and Related Disabilities

• Extra time for tests

• Reduced course load

• Transition to professional and graduate education

Laura Rothstein | Professor & Distinguished University Scholar | University of Louisville | Brandeis School of Law

Testing Testing

Laura Rothstein | Professor & Distinguished University Scholar | University of Louisville | Brandeis School of Law

Documentation of Disability and Documentation of Disability and Relationship to AccommodationsRelationship to Accommodations

Laura Rothstein | Professor & Distinguished University Scholar | University of Louisville | Brandeis School of Law

TechnologyTechnology

• iPad, KindleTM and other digital readers

• Websites

• Use of digital content

• Distance learning

• Electronic communications

Laura Rothstein | Professor & Distinguished University Scholar | University of Louisville | Brandeis School of Law

Mental Health IssuesMental Health Issues

• Danger to self?

Dangerous DanDepressed Diana Disruptive Doug

Laura Rothstein | Professor & Distinguished University Scholar | University of Louisville | Brandeis School of Law

Assistance and Assistance and Emotional Support AnimalsEmotional Support Animals

Laura Rothstein | Professor & Distinguished University Scholar | University of Louisville | Brandeis School of Law

MillennialsMillennials

• Who are they?

• What are their behaviors?

• How should we respond?

Laura Rothstein | Professor & Distinguished University Scholar | University of Louisville | Brandeis School of Law

Returning VeteransReturning Veterans

• PTSD (Post-traumatic Stress Disorder)

• TBI (Traumatic Brain Injury)

• Other injuries

• Documentation issues

• Assistance animals

Laura Rothstein | Professor & Distinguished University Scholar | University of Louisville | Brandeis School of Law

Sports and AthleticsSports and Athletics

• Title IX for students with disabilities?

Laura Rothstein | Professor & Distinguished University Scholar | University of Louisville | Brandeis School of Law

Food Service IssuesFood Service Issues

• Food sensitivities and allergies

Laura Rothstein | Professor & Distinguished University Scholar | University of Louisville | Brandeis School of Law

Shrinking ResourcesShrinking Resources

Laura Rothstein | Professor & Distinguished University Scholar | University of Louisville | Brandeis School of Law

Final ThoughtsFinal Thoughts

“Knowledge is essential to understanding, and understanding should precede judging.”