Legal Issues in Education

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 nor the nursing educator knows in advance what accommodations are necessary.

II. Application & Example of Concepts in Nursing Education

It is reported that the concerns related to student admissions for those who fall under the protection of the ADA is that of patient safety. One study reports that approximately 60% of nursing educators making decisions about admissions "prefer to assess the applicant's disability and need for accommodation prior to making a decision as to whether the accommodations were viable or could be provided." (Maheady and Fleming, 2005, p.1) The problem is that this is strictly a denied practice within the terms of the ADA. An example of how the emphasis on standards and functions in the nursing practice results in discrimination against students with disabilities the case of Susan Fleming is told who was born without a left hand and in place of her hand, a prosthetic hand is worn. She worked in high school as a nurses' aid, applied to a nursing program, and subsequently denied admission. She was told she would endanger the life of a patient. A test was created specifically for Susan and resulted in discriminating against applicants with disabilities due to special testing requirements. Susan didn't sue but instead applied to another program in nursing, was accepted and was successful. All the accommodations needed by Susan were discovered late in the program. Today, she is n RN and uses special accommodations that wee developed while she was in the nursing program. Susan is reported as a "respected and valued member of the team" in the hospital where she works in labor and delivery, as the baby nurse, or in the OR assisting in cesarean sections. (Maheady and Fleming, 2005, p.1, paraphrased)

III. How Applied in Nursing Education

The case study reviewed highlights how the student with disabilities, and in this case, Susan Fleming, did not know the accommodations that she would need in her nursing practice until toward the end of the nursing program. It is important that the nursing educator ensure that they do not inflict 'special testing' on students with disabilities but that they are open and creatively inclined in seeking to help in the creation of special accommodations that enable students such as Susan who have disabilities to effectively practice as a nurse upon successful completion of a nursing program. It would appear that the student with disability would likely be gifted with a deeper level of empathy than the individual with no disabilities and therefore, due to a deep and inherent experientially learned empathy for those who are sick and afflicted be particularly suited to the nursing profession. With the shortage of nurses and the looming aging of the baby boomers, the nursing profession should likely make the most of students with disabilities who desire to enter into the field of nursing rather than make it even more challenging for them.

IV. Reflection on Concerns about Legal Issues