Legal Issues In Nursing Education Legal Issues in Nursing Education and Supporting Students with Disabilities
Legal Issues Related to Students with Disabilities in Nursing Education
Nursing faculty must be well-versed in the legal issues surrounding students with disabilities. The Americans with Disabilities Act (ADA) protects the rights of individuals with disabilities in education, employment, and accessibility. Colleges and universities must ensure equal access to educational opportunities for all students, including those with disabilities.
Under the ADA, discrimination against individuals with physical or mental disabilities is strictly prohibited. However, the ADA does not guarantee academic success—only the opportunity to achieve it. It is essential for institutions to uphold academic and behavioral standards for all students, regardless of disability (Meloy & Gambescia, 2014).
As more students with disabilities seek admission to nursing programs, the full impact of the ADA on professional education continues to unfold. Faculty are encouraged to focus on stated program outcomes rather than specific skills, which allows for more flexibility in providing reasonable accommodations. Aaberg (2012) has suggested that essential functions in nursing should be tailored to job roles rather than uniformly applied across the profession. For example, not all nurses work in high-acuity settings like intensive care, so it may not be necessary for all nurses to respond to alarm monitors.
Failure to provide reasonable accommodations for a student with disabilities can be considered discrimination. Legal consequences may follow if accommodations are not made (Dupler et al., 2012). In one case, a Missouri Appeals Court ruled against a nursing program that dismissed a deaf student for needing accommodations in clinical practice (Wells v. Lester E. Cox Medical Centers, 2012).
Implications of Disabilities and Law for Nursing Education
Legally, it is the student’s responsibility to notify the institution about any disabilities and request accommodations (Dupler et al., 2012). Although students are not obligated to disclose their disabilities, sharing this information with the institution’s disability services office is strongly encouraged to facilitate accommodations. Despite these protections, many students choose not to disclose their disabilities due to fear of rejection or stigma.
Barriers to success are often related more to the attitudes of faculty and clinical partners than to the students’ actual abilities (Aaberg, 2012; Scullion, 2010). Interviews conducted by Ashcroft and Lutfiyya (2013) found that nursing educators expressed varied perceptions about working with students with disabilities, encapsulated in the theory of “producing competent graduates.” Some subthemes of this theory included educators’ willingness to work with disabilities, the challenges of providing accommodations, and concerns about safety in clinical practice.
Faculty attitudes can change over time with the implementation of appropriate strategies. Tee and Cowen (2012) demonstrated that involving practice partners and using multimedia resources like DVDs or interactive slideshows can help mentors understand the challenges faced by students with disabilities and how to accommodate them effectively.
Providing adequate education for faculty regarding legal requirements and possibilities for accommodating students is key to ensuring student success. When a student discloses a disability and grants permission to share this information, faculty are informed about the required accommodations but are prohibited from sharing this information with others. It is the student’s choice to disclose a disability in individual courses.
However, the nature of the disability is not disclosed unless the student chooses to reveal it. Importantly, students must disclose their need for accommodations before engaging in a learning experience. Retroactive accommodation requests are not permitted once a student has participated unsuccessfully in the experience (Meloy & Gambescia, 2014).
Services for Persons with Disabilities in Nursing Education
Universities are required to provide reasonable and effective accommodations for students with disabilities. This may include academic adjustments, such as extended time on tests, note-taking services, and other individualized accommodations. Institutions like Indiana State University coordinate these services through programs such as the Student Support Services Grant Program, ensuring that accommodations are tailored to the specific needs of students (Indiana State University Undergraduate Catalog, 2014–2015).
Faculty are not permitted to inquire about the nature of a student’s disability. Decisions regarding accommodations are made only after the student has been admitted unless essential abilities are outlined prior to admission, and all students are asked whether they possess the necessary skills for academic success (Aaberg, 2012).
Recent discussions have questioned whether physical abilities, such as lifting, should remain essential requirements for all nursing students. The American Nurses Association (n.d.) has proposed that such requirements may not be necessary for all areas of nursing practice. An integrative review by Levey (2014) found that requiring students to disclose their disabilities prior to admission could act as a barrier to entry. Levey also emphasized that essential functions are typically related to employment, not to student status.
When admitting a student with disabilities, nursing schools must ask two critical questions:
- Is the individual otherwise qualified for the program, excluding the disability?
- What reasonable accommodations can be made to support the student in achieving success?
Institutions are not required to lower academic standards, but they are obligated to determine what accommodations would be reasonable for students with disabilities (Meloy & Gambescia, 2014). Reasonable accommodations may include adjusting test-taking times, providing proctors, offering supplemental study aids, or using simulation in clinical practice. These accommodations should also be extended to students who become disabled during their enrollment.
Universal Design and Strategies for Nursing Students with Disabilities
Universal design in education offers an inclusive approach that benefits all students, not just those with disabilities (Meloy & Gambescia, 2014). Marcyjanik and Zom (2011) emphasized the importance of universal design in distance learning environments. Universal design principles encourage the use of multiple formats for presenting course materials, engaging students, and assessing learning outcomes.
Some universal design strategies for nursing students with disabilities include:
- Offering course materials in multiple formats, such as audio and video.
- Creating accessible web pages with minimal reliance on color for navigation.
- Using technology that converts text to audio and audio to text.
Faculty should also remember that students with disabilities are not necessarily ill and do not require support akin to medical care but rather accommodations that promote learning (Evans, 2014a). Whether limitations are classified as disabilities is often determined by societal standards rather than the person’s actual abilities.
The process of determining appropriate accommodations is complex and influenced as much by faculty and clinical partners’ attitudes as by student abilities. As the legal landscape continues to evolve under the ADA and ADAAA, nurse educators must stay informed about legal developments affecting students with disabilities.
Increasing Faculty Awareness and Support for Students with Disabilities
To enhance faculty understanding of students with disabilities, periodic education sessions related to legal implications and best practices should be implemented. Faculty can also benefit from consulting experts in disability accommodations. Most universities have offices dedicated to supporting students with disabilities, which can offer valuable resources and advice to both faculty and students.
Involving practicing nurses with disabilities as mentors can also provide insights into the challenges these students face and how they can overcome them. These mentors can serve as advocates and role models, helping students navigate their nursing education and future careers.
Conclusion
The future of nursing education must include a thoughtful approach to accommodating students with disabilities. Faculty should carefully distinguish between essential components of nursing education and traditional methods that may no longer be necessary for all students. As the nursing profession expands into diverse roles, including staff development, infection control, and case management, nursing educators must consider how to create opportunities for all students, including those who may not engage in bedside care.
By balancing student rights, safety, and academic standards, nursing programs can ensure that they meet their legal obligations while fostering an inclusive environment that values diversity and potential. Working with preceptors and practice partners not only supports students’ educational journeys but also demonstrates that students with disabilities can thrive and provide safe patient care.