ERIC Number: ED376659
Record Type: RIE
Publication Date: 1994-Apr
The Federal Legislative Mandates of Services to the Special Needs Postsecondary Student and the Implications for Today's Professor.
Rapp, JoAnn M.
This paper reviews the past 30 years of federal legislation and case law regarding services for postsecondary students with special needs. It focuses upon the interpretation of law, implementation of regulations, and academic standards surrounding the fulfillment of both the letter and spirit of the law. The first section discusses early special education law or litigation, including the Elementary and Secondary Education Act (1965), the 1972 case of Pennsylvania Association for the Retarded versus Commonwealth of Pennsylvania, the 1972 case of Mills versus Board of Education of the District of Columbia, and Public Law 94-142 (the Education for All Handicapped Children Act) in 1975, now reauthorized as the Individuals with Disabilities Education Act. The second section reviews federal special education legislation impacting institutions of higher education, specifically Public Law 93-112 (the Rehabilitation Act of 1973), regulations for Section 504 of this Act, the 1979 case of Southeastern Community College versus Davis (which established the concept of acceptable exclusion), the 1974 Family Educational Rights and Privacy Act (the Buckley Amendment), the Education Amendments of 1983 and 1986, and the 1990 Americans with Disabilities Act. Major requirements of these laws for institutions of postsecondary education and the individual professor are summarized. It is stressed that reasonable accommodation to "otherwise qualified" students should not mean lowered standards or unfair advantages for these students. (Contains 19 references.) (DB)
Publication Type: Information Analyses
Education Level: N/A
Authoring Institution: N/A
Note: Paper presented at the Annual Meeting of the American Educational Research Association (New Orleans, LA, April 4-8, 1994).