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Essay / Research Paper Abstract
A 6 page paper assessing whether a college is required to furnish lodging (i.e., dormitory room) for a student who under the provisions of the Americans with Disabilities Act needs continual presence of an attendant qualified to operate the student’s breathing apparatus. Bibliography lists 8 sources.
Page Count:
6 pages (~225 words per page)
File: CC6_KSlawADAdorm.rtf
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Unformatted sample text from the term paper:
This is a predictive memo assessing the case of a Wisconsin college student "who is substantially disabled and requires a full-time attendant," and how the law is likely to
require the college to accommodate his needs under the Americans with Disabilities Act. The students disabilities are such that s/he requires a full time attendant for the purpose of
monitoring the students breathing apparatus and for providing emergency care should the apparatus fail. The student will be resident on the college campus; s/he is demanding that the school
furnish a double occupancy room (for the student and the attendant) at no additional charge over the rate that the school would charge for the student alone. The Americans with
Disabilities Act The Americans with Disabilities Act (ADA) was passed in 1990 in response to several attempts to guarantee include the disabled in
those areas of life from which they often were excluded. The ADA was preceded by the Rehabilitation Act in 1973, which was the first federal legislation providing for nondiscrimination
on the basis of disability. The Rehabilitation Act of 1973 "provided that the federal government, federal contractors, and recipients of federal financial assistance could not discriminate on the basis
of disability" (Shipley, 2002; p. 327). In 1975, "the Education for All [*328] Handicapped Children Act was passed by Congress (now
called the Individuals with Disabilities Education Act or IDEA" (Shipley, 2002; p. 327). IDEA reflects "court decisions about equal protection and due process when educating children with disabilities in
the public school system and addressed questions of procedural safeguards and funding in that context" (Shipley, 2002; p. 327). IDEA was followed in 1990 by the ADA.
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