Case No. 19 - The Meaning of "Otherwise Qualified."
In this
case, the meaning of “otherwise qualified” is explored and defined in
greater detail. According to the law, an educational organization is
required to admit and hire individuals who are disabled yet in all other
aspects otherwise qualified for the job or program. The most important
element of this case, in terms of advancement for disabled people, is
that the wording and the outcome of the decision in this matter involves
an amendment to the definition of “handicapped individual” to not only
include those who are physically impaired but also those who are
“regarded” as impaired. This is a major step forward for disability
advocacy. The importance of this case is that “Congress acknowledged the
society’s accumulated myths and fears about disability and disease are
as handicapping as are the physical limitations that flow from actual
impairment,” (Russo & Osborne, 2008, p.320).
I believe that if
more parents were fully aware of the new parameters of IDEA’s Section
504, which recognizes the need for disabled students to received special
education services in order to receive a FAPE and is designed to
prevent discrimination, (Kalamaros Skalski, & Stanek, 2010, ), they
would be better equipped to advocate for their child’s right to a FAPE.
Section
504 states that “No qualified handicapped person shall, on the basis of
handicap, be excluded from participation in, be denied the benefits of,
or otherwise be subjected to discrimination under any program or
activity which receives Federal financial assistance. (34 C.F.R.
104.4[a]),”
The schools would have to operate differently as it
broadens the definition of disabled to include the student who is
regarded as disabled to the extent that this limits a major life
activity (such as learning). This would be good because it would take
into account the new definition of ‘handicapped individual,” (which now
includes those regarded as disabled
individuals) and allow for services to be provided for more students who
are legitimately in need of special education supports. This would also
allow parents to understand and advocate for their student if there was
any form of discrimination at play in determining the student’s
eligibility.
References
Kalamaros Skalski, A. & Stanek,
J. (2010). Section 504: A Guide for Parents and Educators. National
Association of Psychologists. Bethesda, MD. Retrieved on 06/11/2015 @
http://www.nasponline.org/families/documents/35-1_S8-35_section_504.pdf
Russo, C.J. & Osborne, A.G. (2008). Essential Concept and School-Based Cases in Special Education Law. Corwin Press.
