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Appeals Court: Academic deference due without interactive process
Author(s) -
Masinter Michael R.
Publication year - 2019
Publication title -
disability compliance for higher education
Language(s) - English
Resource type - Journals
eISSN - 1943-8001
pISSN - 1086-1335
DOI - 10.1002/dhe.30613
Subject(s) - deference , attendance , law , section (typography) , videoconferencing , process (computing) , political science , sociology , remand (court procedure) , engineering , computer science , telecommunications , supreme court , business , advertising , operating system
In January, the Sixth Circuit Court of Appeals held in Gati v. Western Kentucky University that Section 504 and the Americans with Disabilities Act do not require a school to offer remote videoconferencing in lieu of live classroom attendance for a student with a disability if the school has determined that doing so would fundamentally alter the particular course. The court also held that the aggrieved student was not entitled to a trial to assess the reasonableness of remote access, and that even if the school failed to properly engage in the interactive process before denying his request, he could not base his suit on that claim.