Preface | The Intersection of Race and Disability: History and Relevance Today
- Disability Rights Are Civil Rights
- The Tools You Need Are in This Book
- Resources
Introduction
Chapter 1 | The Legal World of Students With Disabilities
- A Familial Introduction to Disability Rights in Higher Education
- Equal Access
- Degree of Deference
- Establishing the Presence of a Disability
- Types of Accommodation
- Benefits to the Entire Academic Community
- References
Chapter 2 | The Definition of Disability
- The Changing Interpretation of “Substantially Limits” and “Major Life Activities”
- Impairment: Major Life Activity and Spectrum
- The Three Prongs
- Conclusion
- References
Chapter 3 | Tool One: Three Paradigms
- Two Foundational Paradigms: Disparate Treatment and Disparate Impact
- Disparate Treatment
- Disparate Impact
- The Third Paradigm: Qualified Student with a Disability
- Applying the QSD Paradigm
- Qualified Student With a Disability?
- With or Without Accommodation?
- Necessity of Accommodation?
- Was an Accommodation Requested?
- Burden and Order of Proof in Court Proceedings
- Common Defenses Regarding the QSD Paradigm
- The Question of Fundamental Alteration
- The Question of Undue Burden
- Conduct and Misconduct
- Direct Threat to Health and Safety
- Summary: The Relationship Between QSD, Fundamental Alteration, and Undue Burden
- In Addition to the Standard Paradigms
- References
Chapter 4 | Tool Two: A Process
- The Answer Will Not Always Be Clear
- Process Guidance Derived from Judicial Precedents
- Wynne v. Tufts
- Guckenberger v. Boston University
- The Wynne I Process Precedent Spreads
- Regulatory Guidance on Fundamental Alteration and Undue Burden Processes
- A Model Wynne Deliberative Process
- Combining Tools to Achieve Compliance
- References
Chapter 5 | Haben Girma, Harvard Law’s First Deafblind Graduate
Chapter 6 | Accommodation Case Studies
- Case Study One
- Case Study Two
- Case Study Three
- Case Study Four
Chapter 7 | Managing Up to Strategically Position Disabled Resources
- Why Managing Up Is Critical for DR Directors
- Aspects of DR Departments to Proactively Explain to Administrators
- Budgeting
- Compliance and/or Student Support
- Techniques for Managing Up
- Conclusion
- References
- Resources
Chapter 8 | Managing Up Case Studies
- Case Study One
- Case Study Two
- Case Study Three
Chapter 9 | The QSD Paradigm and (Internal, External) DR Evaluations
- Three Pillars, or Strands
- The (Internal, External) Evaluation and the QSD Paradigm
- How Does an Evaluation Contribute to Skill in Applying the QSD Paradigm?
- What Are the Other Benefits and Outcomes of Doing an Evaluation?
- References
Chapter 10 | Enhancing the Practice of Disability Resources Through Universal Design
Appendix
- How to Get the Most Out of This Book
- DR Staff
- Administrators
- Faculty
- Students