Supreme Court of the United States. Southeastern Community College v. Davis. Certiorari to the United States Court of Appeals for the Fourth Circuit.

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Access to Education; Admission Criteria; Court Litigation; Disabilities; Federal Courts; Federal Legislation; Medical Education; Nursing; Nursing Education; Postsecondary Education

A suit was brought by Frances B. Davis against Southeastern Community College, which had denied her admission to its nursing program because of her serious hearing disability. (An audiologist's report indicated that she cannot understand speech directed to her except by lipreading.) She alleged that this denial constituted a violation of section 504 of the Rehabilitation Act of 1973 which prohibits discrimination against an "otherwise qualified handicapped individual" in federally funded programs "solely by reason of his handicap." In the original decision, the Federal District Court found that no such discrimination existed in this case, but its decision was reversed by the Court of Appeals. The suit was then brought to the U.S. Supreme Court which held: there was no violation of section 504 since nothing in that section prohibits educational institutions from requiring reasonable physical qualifications for admission to a clinical training program. In its unanimous decision, the Court stated that Southeastern would be required to lower the standards of its nursing program to accomodate Davis' handicap and that the law did not require such a substantial modification in educational programs. (ELG)

1979

ED173574