NAD Legal Defense Fund Wins Important ADA Decision

On May 18, 1995, a federal jury in New Orleans, Louisiana, found that Nadelle Grantham, a college student, was discriminated against when she was denied continued enrollment in the lower elementary education program at Southeastern Louisiana University because she was a deaf person. The jury awarded Ms. Grantham substantial damages to compensate her for the discrimination that she suffered.

Nadelle Grantham, who attended regular elementary and secondary schools, sought university training to become a teacher of English to deaf students. She enrolled in the regular education program at Southeastern Louisiana University, and, after trying other options, decided to pursue an undergraduate degree in elementary education.

In August 1993, Ms. Grantham was a third-year student majoring in elementary education. She had been admitted to the teacher preparation program and had successfully passed all required courses. However, a committee of faculty members with no knowledge or experience in deafness or the use of interpreter services determined that allowing a deaf student to attempt to practice teach in an elementary school setting would pose a risk to the children's learning and safety. Ms. Grantham received a letter from the Dean of the College of Education which stated that she was denied enrollment in additional professional education courses in the Lower Elementary Education teacher education program effective with the Fall Semester 1993. The letter listed the university's "concerns about [Ms. Grantham's] profound hearing impairment."

Ms. Grantham filed suit claiming a violation of the Americans with Disabilities Act (ADA). During the four-day trial, Ms. Grantham testified and eight other witnesses testified in her behalf, including university professors, teachers, an interpreter, and expert witnesses from Washington DC and Texas. Their testimony described the ways in which deaf students successfully completed regular education teacher training and have taught in regular elementary classrooms, and that elementary education certification is important to those students pursuing a career in teaching deaf students. The evidence at trial also showed that the defendants' concerns could have easily been addressed with reasonable accommodations, and that since August of 1994, Ms. Grantham has successfully performed in several field teaching experiences at another state university. Nevertheless, the defendants maintained throughout the trial that no deaf person should be permitted to teach in a lower elementary classroom of hearing students.

The jury verdict is one of the largest monetary awards under the ADA. The substantial award sends a clear message to universities and other state programs that exclusion of persons with disabilities based upon unsubstantiated fears, stereotypes, and patronizing attitudes, rather than an assessment of the individual's ability to perform essential functions, violates the ADA and will not be tolerated.

Ms. Grantham was represented by Marc Charmatz of the NAD Legal Defense Fund in Washington, DC, and Ann Maclaine and Ken Kolb of the Advocacy Center for the Elderly and Disabled in New Orleans.

Editor's Note: This article was reprinted from the May 1995 issue of "The NAD Broadcaster"