Discusses the implications of "Gluckenberger v. Boston University," a case involving the claim of discrimination against students with learning disabilities. The discussion focuses on the inherent conflict between enforcing antidiscrimination law and the freedom of a university to control its own academic standards in the context of dealing with…

Persons with the Disorder of Written Expression (DWE) regularly commit errors in spelling, punctuation, grammar, syntax, and paragraph organization. If, with reasonable modifications, a student can produce an acceptable written product, law schools must provide such accommodations. Administrators must create appropriate accommodations for students…

In the July 1997 issue of "Journal of Law and Education" (EJ 552 042), three professors describe Disorder of Written Expression (DWE) and prescribe that law schools must create appropriate accommodations for students with DWE which do not alter school's basic program of instruction. Reviews this argument, introduces counterpoint (EA 535…

Discusses how the Guckenberger v Boston University case illustrates the interaction of the psychometrics of ability differences with the concept of learning disability and with the sociopolitics of schooling and society. Urges a more inclusive definition of learning disability which abandons aptitude-achievement discrepancy requirements and a more…

Law schools should avoid diluting writing standards. Writing skills and law skills are nonnegotiable, and DWE students not "otherwise qualified" under Americans with Disabilities Act. Comparable case is that of Casey Martin, professional golfer; federal magistrate judge allowed Martin to ride in cart in PGA tournaments. Contends that ADA…

Legal tenets from federal and case law as well as existing guidelines concerning appropriate academic adjustments for college students with learning disabilities. Recommendations are offered focusing on institutional, program, and course requirements, documentation of the student's learning disability, student qualifications, and "reasonableness"…

Presents the case for allowing college students with a learning disability who are unable to meet foreign-language requirements even with special instruction to substitute related courses. Discussion is in the context of the 1998 Guckenberger v. Boston University federal lawsuit. (DB)

Explores higher education institutions' legal obligations to accommodate students with learning disabilities and the courts' review of those accommodations. Lists suggestions for responding to accommodation requests, and in defending claims asserted by learning-disabled students. (Contains 182 references.) (MLF)

Examines, from the perspective of the plaintiffs, the 1998 Guckenberger v. Boston University case in which the plaintiffs claimed the university failed to provide reasonable accommodations for students with learning disabilities. The authors view the complex decision as a ruling against the university under the Americans with Disabilities Act,…

Describes the 1998 Guckenberger federal lawsuit from the perspective of attorneys who litigated on behalf of Boston University. Discusses events leading up to the lawsuit (which claimed Boston University failed to provide reasonable accommodations for a student with learning disabilities), policy changes at the university, the trial itself, and…

Courts have ruled that age-limitation rules for high school athletes, generally 19 years, are reasonable. Courts have been fairly consistent in holding that waiving academic requirements would not be unreasonable. Courts are mixed concerning whether students with physical disabilities should be allowed to participate in contact sports. (37…

This article examines the research surrounding definitions and selection criteria for learning disabilities and attention deficit/hyperactivity disorder at the postsecondary level. Implications from and for the courts follow a critical analysis of the professional literature. The need for theory-based models to investigate relationships between…

College students who say they have learning disabilities sometimes encounter skepticism. Although requests for extra testing time, adjusted academic requirements, or exemptions are often granted, there is debate in the academic community over the need. The numbers of students claiming such disabilities have increased substantially in recent years.…

Reviews definitional issues of learning disabilities in the context of the Guckenberger v. Boston University federal lawsuit. Four major questions are addressed: (1) Who is learning disabled?; (2) How should learning disabilities be assessed?; (3) Who is qualified to decide whether or not an individual has a learning disability?; and (4) What…

This article reviews the Americans with Disabilities Act and case law to examine who meets the standard of "qualified individual with a disability" and thus cannot be excluded from participation in the services, programs, or activities of higher education institutions. Requirements for disability documentation are addressed. (Contains…