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Volume 16, Number 2
Spring 2003
(Back to main JPED page)
OCR Rulings Under Section 504 and the Americans
with Disabilities Act: Higher Education Student Cases
Margaret M. McMenamin, Ed.D. and Perry A. Zirkel, Ph.D., J.D.
Abstract: This study provided a quantitative
analysis of a random sample of 167 National Disability Law Reporter-published
letters of findings by the U.S. Department of Education’s
Office for Civil Rights in response to higher education student
complaints under Section 504 and the Americans with Disabilities
Act. Inasmuch as each letter of findings contained, on average,
two issues, a total of 346 issue rulings were the basis of the analysis.
The number of these rulings per year was lower during the last five
years of the 1990-98 period of the study. The outcome of the rulings
favored the institutions of higher education, over the student complainants
by a 2:1 ratio; however, the ratio in favor of institutions was
lower for letters of findings as a whole because each letter covered
approximately two issues. Type of the disability and type of the
issue were significant outcome-related factors. More specifically,
the success rate was significantly higher for students with mobility
or hearing impairments and for complaints regarding general institutional
requirements and facilities accessibility than for students with
other disability or issue categories.
Profiles of Academic Achievement and Cognitive
Processing in College Students with Foreign Language Difficulties
Frances Prevatt, Ph.D., Briley Proctor, Ph.D., Stacy L. Swartz,
and Angela I. Canto
Abstract: This study evaluated the cognitive
and achievement profiles of college students experiencing difficulties
in foreign language (FLD group). Because past research appears
to have generated different results based on the type of comparison
groups utilized, we attempted to obtain a better representation
of students with foreign language difficulties. A total of 77
students who had difficulty in foreign language were compared:
(a) to a sample of 110 students with academic difficulties in
nonforeign language areas, (b) to the standardized norms for the
tests of cognitive and academic abilities, and (c) to their own
group means (an ipsative analysis). Based on national norms and
ipsative comparisons, primary areas of difficulty for FLD students
appear to be in spelling and in long-term storage and retrieval.
Difficulties were also noted in auditory processing and processing
speed. Strengths were noted in quality of writing and verbal comprehension.
As a general finding, it does not appear that FLD students have
difficulties with native language abilities such as vocabulary
knowledge or reading comprehension. Additional strengths exhibited
by the FLD group were only in relation to the non-FLD group, who
had academic difficulties in non-FLD areas. These strengths included
quantitative knowledge, perceptual organization/visual processing,
and practical mathematical ability. Many students in the non-FLD
group were referred for difficulties in math coursework; therefore,
the strengths exhibited by the FLD students should be considered
in this context. Finally, significant gender differences were
noted, with more males than females experiencing foreign language
difficulties.
Implementing Universal Design in Higher
Education: Moving Beyond
the Built Environment
Sally S. Scott, Ph.D, Gladys Loewen, Carol Funckes, and Sue Kroeger,
Ed.D
Abstract: Universal Design (UD) is a new approach
to educational access that is receiving a great deal of attention.
At this point, it is in its exploratory stages in the context
of higher education. In recognition of the potential importance
of this new paradigm and the need for focused initiatives in the
field, a UD Think Tank was formulated and hosted by the Association
on Higher Education And Disability (AHEAD). This report is a summary
of the work of the UD Think Tank pertaining to the needs and interests
of the readership of the Journal of Postsecondary Education and
Disability. The report suggests starting points and future directions
for scholarly activity in the field.
Journal of Postsecondary Education and Disability
Book Reviews
Summary: This issue includes two book reviews.
Over my head: A doctor’s own story of head injury from the
inside looking out, by Dr. Claudia Osborn is an autobiographical
account of one woman’s challenges during the process of
rehabilitation and recovery after the experience of a head injury.
the monster: Overcoming the challenges of hidden disabilities
by VEronica Crawford provides a reference point for those who
want to know how a hidden disability feels in everyday life experience
and decision-making.
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