Nursing Educator and Students With Disabilities
Legal Issues in Nursing Education and the American with Disabilities Act (ADA)
There have been a number of lawsuits in recent years involving education with the term 'education malpractice' coming into focus. The nurse educator should be aware of the potential areas of liability and the possibility of a lawsuit. This work in writing addresses the issue of the Americans with Disabilities Act (ADA) as it relates to nursing students and the challenges presented to nursing educators.
Core Concepts
The Americans with Disabilities Act (ADA) is much like the earlier Rehabilitation Act of 1973 in that its intent was to "level the playing field." (Maheady and Fleming, 2005, p.1) The general mandate of the ADA is for students with disabilities to "have the same access to educational programs as students without disabilities." (Maheady and Fleming, 2005, p.1) The problem is that while this law has been instituted for approximately 15 years "many nursing schools continue to struggle with the issues relating to admissions policies for students with disabilities, such as core performance standards, essential functions and providing accommodations." (Maheady and Fleming, 2005, p.1) It is reported that entrance requirements must not be inclusive of any criteria that would serve to either "screen, or appear to screen for disabilities." (Maheady and Fleming, 2005, p.1) Cited, as one of the most common challenges is that neither the student...
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