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Limiting Davis: Educating Handicapped People for Health Care Professions

Published online by Cambridge University Press:  01 January 2021

Kent Hull
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Extract

The Davis decision, which allowed a federally-assisted college to exclude a severely hearing impaired woman from its registered nurse training program, provoked great concern among handicapped people and their advocates. Institutions of higher education also have reason for dissatisfaction with the decision since it fails to provide sufficient guidance for those federal recipients to measure their compliance with section 504. In a letter to college presidents dated October 5, 1979, Secretary of Health, Education and Welfare Patricia Roberts Harris sent forth the department's official statement concerning the decision.

The letter indicates a middle-of-the-road approach to Davis and HEW's future enforcement of section 504: it views the Supreme Court's decision as consistent with regulations adopted by the Department to implement section 504. While recognizing that colleges can establish legitimate academic requirements, it states that they must demonstrate the necessity and legitimacy of policies which result in the exclusion of handicapped people.

Type
Article
Information
Medicolegal News , Volume 8 , Issue 1 , February 1980 , pp. 12 - 28
Copyright
Copyright © American Society of Law, Medicine and Ethics 1980

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References

Southeastern Community College v. Davis, 99 S. Ct. 2361 (1979).Google Scholar
45 C.F.R. Part 84.Google Scholar
424 F. Supp. 1341 (E.D.N.C. 1977).Google Scholar
574 F.2d 1158 (4th Cir. 1978).CrossRefGoogle Scholar
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