Running head: REGULATION AND COURT CASE

Regulation and Court Case Anita Nicole Thomas AET 525 December, 5, 2011 Devin M. Andrews

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While many of the educational laws and regulations deal with school aged children, it has noted that educational rules and regulations for adults with learning disabilities have been on an increase since the 1990s. With the help of many educators, parents and educational advocates, theses issues concerning learning disabled adults have been able to be heard. Adult learners with learning disabilities have now been granted an equal opportunity in the educational environment and the workplace. Learning disabilities can vary and are disorders that affect a persons ability to learn reasoning, writing, listening, speaking and other skills needed to excel in the world around them. These various disorders can affect a person during the course of their lifespan and enable them to function in a fast pace learning or working environment. If not given the accommodations needed to help them exhibit knowledge and skills necessary to survive, the learning process will be limited and will not serve the needs of the student.

Many adult learners with learning disabilities are viewed as slow, stupid, or mentally challenged (retarded). A learning disabled adult will not outgrow their disability. This disability is a lifelong deficiency. Although, the learning disabled adult is viewed as slow these adult learners may have average or above average intelligence, which enables them to learn but just at a slower rate than others. The learning disabled adult is somewhat at a disadvantage because many of the educators in the learning environment are with unaware of the students deficiency or just refuse to adjust to the students learning ability. As a result, the federal governments along with the local and state government have made laws that will enable the adult learners to get the education needed to excel in this global environment.

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The American Disability Act was formed to address the educational and learning needs of students with disabilities in the workplace as well as an educational institution. This act prohibits discrimination based on disability in all areas of government, commercial and public facilities. This act does not list all of the specific areas of limitations that a disabled person. The ADA does state that a disable person is one with one or more life skill that is impaired by their mental and physical disability.

Furthermore, the Rehabilitation Act was also formed by the federal government. This act prohibits discrimination based on disability in federal programs. These programs include federal agencies, employment, and financial assistance from the federal government. The word rehabilitation is a process that enables the educator to improve the learning environment for a learning disabled student. The facilitator is one that will enhance the students learning environment so that he/she can become a productive member of society. The students with the help of the facilitator will be able to compete in the world around them. Although, the rate of learning may be at a slower pace, it is the responsibility of the educator to make sure that all learning materials are given to the learning disabled student to enhance their and encourage learning in the educational environment.

It is noted that 5-20% of the American population has a learning disability. There has been a misdiagnosed proportion of the learning disabled in the African American and Hispanic populations. This disproportionate relies on the fact that many of these are labeled disable because of a language barrier. Their language may be considered substandard or deficient by educational standards. This is also where cultural diversity is addressed due to the many differences in cultures. It is also noted that one half of adults with low literacy skills can be

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labeled as those with a learning disability. As stated in the definition of adults with learning disabilities, adults with low literacy skills are learning disabled because one or more skills such as reading, writing, speaking are affected by this disorder.

In 2004, the case of Turner vs. American Association of Medical Colleges Case No. RG 04166148 was heard by Judge Ronald Sabraw of the California Superior Court. This case was brought to trial by 4 college students that wanted a career in medicine but were refused the opportunity because of their inability to take the MCAT. The case was a class action suit and it demanded the improvement of all test taken by students with learning disabilities in the state of California.

Those educational facilities that administered test to adults with learning disabilities had to adhere to the ADA and make special accommodations for those student. Without these special accommodations, students test were null and void and could not be counted against them. Those that failed to adhere to the ADA were brought to federal court. The final witness in the case was Dr. Ellen Julian, Director of the MCAT. She stated that providing special accommodations for students with learning disabilities is legal and right.

This was in violation of the ADA because it did not allow specific accommodations for students in the learning environment. This AAMC also displayed discrimination against the four college students because it did not allow their learning needs to be addressed. The AAMA assumed that since they were college students they could take the test as any normal student (student without a learning deficiency).

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Students with learning disabilities are present in every aspect of society. As an adult educator this issue will certainly be addressed in my dealing with adult learners. As a facilitator it is my job to make sure that I adhere to the ADA and the Rehabilitation Act. Since there will be students of this kind in my learning environment, I need to make sure that all of their learning needs are addressed. There may be a time where I have to give special accommodations to my students whether it is test-taking, writing a paper, or giving extra help on content. It is my duties to permit students to have extra assistance, provide extra skills and resources that enhance and are geared toward each individual learning style.

The learning styles of each student are different. As an educator, I need to address those issues and make sure that the learning disabled adult has every opportunity to learn the same material by using those devices that accommodates them. Adult learners might need devices that assist and enable the adult to be compensated for their deficiencies. As a part of the educational process, I must adhere to all governmental standards that promote a quality education for my students.

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References

Ed.gov U.S. Department of Education. (2006). Retrieved from http://www.dralegal.org/case/education/testing/tuner_v_aamc.php.

Kerka, S. (1998). Adults with Learning Disabilities. ERIC Digest, (189).