Through the Maze: Legal Issues and Disability Rights

Authors

  • Joshua Konecky
  • Sid Wolinsky

Abstract

The Americans with Disabilities Act of 1990 (ADA) and Section 504 of the Rehabilitation Act of 1973 guarantee that individuals with learning disabilities and ADHD have an equal opportunity to demonstrate their knowledge and skills on professional licensing and other screening exams. Although the precise contours ofcertain rights and obligations under these laws are still in debate, there are several requirements which are applicable to any person with a diagnosed learning disability or ADHD who may need reasonable accommodations on such exams to compete on a level playing field with other test takers. This article reviews the basic legal requirements of the ADA and Section 504 relative to individuals with learning disabilities and ADHD. Within this framework, we discuss a variety of legal issues, which have arisen as these individuals have begun to enforce their civil rights to reasonable accommodations on professional licensing and screening exams. Generally applicable conclusions of law as well as unresolved questions are identified in an effort to provide guidance through the growing maze of statutes, regulations, and judicial decisions.

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Issue

Vol. 10 No. 2 (2000)

Section

Articles

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