The Michigan Daily-Tuesday, June 12, 1979-Page 9
Court ruling a setback in education of handieapped
WASHINGTON (AP)-Handicapped
persons have no legal right to attend
schools if they cannot meet the physical
qualifications, the Supreme Court ruled
yesterday.
What's more, schools offering clinical
training are under no legal obligation to
take "affirmative efforts" to reshape
their curriculum offerings to accom-
modate the handicapped, the justices
ruled unanimously.
Daily
Class lfieds
,Continuedfrom PageSI1
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Dealing a major setback to the educ-
tional opportunities for handicapped
persons nationwide, the justices placed
a narrow interpretation on a 6-year-old
federal law.
THE REHABILITATION Act of 1973
prohibits all -programs and activities
receiving federal funding from
discriminating against any "otherwise
qualified handicapped individual."
A federal appeals court ruled last
year that the law required a North
Carolina community college to admit
into its nursing program Frances Davis
of Fairmount. N.C., a handicapped
woman who would have been a
qualified applicant had she not had a
hearing disability.
The 4th U.S. Circuit Court of Appeals
had ruled that Southeastern Com-
munity College in Whiteville, N.C.,
violated the 1973 federal law when it
rejected Davis' application to its
program leading to licensing as a
registered nurse.
DAVIS, 46, HAS been a practical nur-
se for the past 12 years. There was
never any question that she was
academically qualified for admission.
But because of a serious hearing im-
More than fifty percent a
the world is starving. Anothe
twenty perCent, just plain
hungry. And yet, in the face of
starvation, they have hope.
Hope that the rains will return
to the African Plain. Hope tha
the Asian rice crop will be bigg
this year. Hope that someone
anyone, with anything to
offer will come to help them
fight the battle for life.
Someone in the Peace
Corps. They'd like to
stand up for themselves,
these prisoners of fate,
but they're just too weak
to stand up. But with
the Peace Corps a
flame begins to flicker.
They've seen others
like you before. Seen
the changes you can
bring. Two thousand
wells on the parched earth
of Sahel. Seen how their
knowledge helped reduce
the grain losses. Who are
they? They're people
pretty much like you.
pairment, Davis can communicate only
' when she wears a hearing aid and looks
directly at the talker to read lips.
After a federal trial judge dismissed
her lawsuit against the college, the ap-
peals court sent the case back. It or-
dered the judge to consider Davis'
request that the school give her some
"affirmative relief" by altering its
program.
YESTERDAY'S RULING, however,
said: "The language and structure of
the Rehabilitation Act of 1973 reflect a
recognition by Congress of the distin-
ction between the evenhanded treat-
ment of qualified handicapped persons
and affirmative efforts to overcome the
disabilities caused by handicaps.
"It also is reasonably clear that the
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law does not encompass the kind of
curricular changes that would be
necessary to accommodate Davis in the
nursing program," Powell's opinion
said.
The head of the Department of
HEW's Bureau of Education for the
Handicapped said the Supreme Court
decision would not affect a separate law
dealing, with handicapped students at
the elementary and secondary school
level.
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