Beijing-based New Oriental is a behemoth.
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Qualifying as a person with a disability A person with a disability is anyone who has a physical e. With respect to postsecondary education, a qualified student with a disability is one who is able to meet a program's admission, academic, and technical standards Controversial issues college students.
For a person to qualify as disabled, the disability must substantially limit" a major life activity. Clearly, "'substantial" connotes something more than trivial or minor, but federal courts have disagreed beyond that point.
At least four options exist as evidenced by recent case law: Comparisons between actual and potential performance were insufficient alone, while comparisons of the plaintiffs' respective performance levels to those of other medical school students were unnecessary.
Federal regulations for the ADA support the "general population" approach and state that a person is substantially limited when his or her life activities are "restricted as to the conditions, manner, or duration under which they can be performed in comparison to most people"' emphasis added 28 C.
B to Part A second approach was used by the district court in Bartlett v. New York State Board of Law Examinerswhen an applicant was denied accommodation to take a state bar examination. After considering the "average person" benchmark, the court selected the Equal Employment Opportunity Commission standard for working as compared to Controversial issues college students life activity of learning in which "substantially limits" was defined as occurring when a person is "significantly restricted in the ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills and abilities" emphasis added 29 C.
Consistent with this "comparable training" approach, the court found that although the plaintiff read at approximately the same level as an average person, her reading skills were below that of a typical law or even college student.
Accordingly, the court held that she was otherwise qualified and had been discriminated against due to disability; the court then required the board to accommodate her in her effort to retake the examination and to provide reimbursement for prior test taking when accommodations were not provided.
Another federal district court employed a third option that is similar to the second when it concluded that the plaintiff in its case i. To this court, the term population meant "student population" in this context as compared to "general population.
However, the court did recognize that each case had to be assessed on its merits and that every low achiever would not necessarily qualify as disabled see, e.
NCAA,where another court held that a student's poor performance was due to a lack of motivation, preparation, and effort, rather than disability. Given these inconsistent interpretations by lower courts, it is important that Congress or appellate courts resolve the threshold standard for "substantially limits.
Nonetheless, once it is determined that a plaintiff is impaired and that such impairment substantially limits a major life activity, it then is necessary to ascertain whether the plaintiff also is "otherwise qualified.
However, for all practical purposes, the terms are equivalent-that is, the person must be able to meet the essential eligibility requirements of a program, with or without reasonable accommodation, in spite of the restrictions imposed by the disability.
In a related case, the Supreme Court reviewed an appeal by an applicant who was denied admission to a nursing program solely due to a serious hearing disability Southeastern Community College v. After exploring possible options, college officials determined that there existed no reasonable accommodation that would allow the plaintiff to safely participate in or receive the benefits of the nursing pro gram given her dependence on lip reading.
She had requested that she not be required to take clinical courses and that a full-time supervisor be assigned to her. Accordingly, her participation would have required major program modifications and the lowering of standards.
In ruling for the college, the Supreme Court held that the plaintiff was not otherwise qualified and that legitimate physical requirements at times may be necessary see also County of Los Angeles v. Furthermore, the Court noted that Section did not require affirmative action, but conceded that the distinction between accommodation and affirmative action might not always be clear.
Inthe Court provided additional direction when it proposed that reasonable accommodation would allow a qualified person with a disability to have meaningful access to a program or activity but would not require "substantial" changes, adjustments. With this less-than- efficacious guidance, however, it is not surprising that courts and colleges continue to struggle in their efforts to identify reasonable accommodations and procedures that will allow for nondiscriminatory admissions and participation.
Admission This section includes a discussion of preadmission activities, the process used for making admissions decisions, judicial deference that typically is given by courts, and the use of probationary admission practices.
Case examples are provided for each. Preadmission activities Typically, preadmission activities include the completion of forms, the payment of fees, interviews, and testing.
The application must be completed honestly and accurately and submitted prior to deadline. However, with few exceptions e. Also, colleges may not use a test, first-year grades, or other criteria that have a disproportionate adverse effect on students with disabilities, unless the criteria have been validated as predictors of success in the program and alternate measures of admission with less disparate impact are not available.
Importantly, the burden of showing that an appropriate alternative is available rests with the assistant secretary of education.Haslam allows controversial guns on campus bill to become law. Proponents argue the legislation is necessary in order to provide additional safety.
Destiny Brannon, a high school student from Texas who delivered a controversial valedictory speech during her graduation ceremony, has been stripped off her valedictorian status and will no longer receive the college scholarship that she was promised.
New Oriental, China’s biggest private educator, is accused of fraud.
Thanks to two U.S. consultants, it also has access to top college admissions officers. Evergreen State College, the Olympia, Washington, place of higher learning — and that phrase “higher learning” is used here loosely — that made mid national news for its black. What is the value of a college degree?
The four-year college experience is as American as apple pie. So is the belief that higher education offers a ticket to a better life. Globalizationorg is dedicated to providing students with information and interdisciplinary learning opportunities on this complex phenomenon.
Our goal is to challenge you to think about many of the controversies surrounding globalization and to promote an understanding of the trade-offs and dilemmas facing policy-makers.