Deaf Student Wins Important ADA Lawsuit

On October 23, 1996, the United States Court of Appeals for the Fifth Circuit in New Orleans affirmed a jury verdict that the Louisiana Board of Trustees for Colleges and Universities and administrators at Southeastern Louisiana University (SLU) discriminated against Nadelle Grantham when they expelled her from the SLU lower elementary education degree program because she is deaf. The appeals court also affirmed the jury's $181,000 damage award to Ms. Grantham in "the first jury trial in history under the [Americans with Disabilities Act]."

"A jury heard the evidence that Ms. Grantham is qualified to teach in elementary schools, and the appeals court affirmed the fundamental principle that people should be judged on their abilities, not their disabilities," said Marc Charmatz, an NAD attorney who represented Ms. Grantham at trial and argued this case in the appeals court. "As the first ADA jury trial, this case demonstrates the importance of the Americans with Disabilities Act to eliminate discrimination."

Ms. Grantham communicates via lip-reading, sign language, and speaking, and she uses sign language interpreter services in her academic classes. Her career goal was to teach English to deaf children in a public school setting, and she planned to receive a degree in elementary education from SLU, and then an "Add-on" certification in teaching deaf children.

In August 1993, Ms. Grantham was a third year student at SLU majoring in elementary education. In the spring of that year, she asked SLU if she could substitute another subject for a required music course. SLU refused. She then spoke with the head of the music department and enrolled in the music class and junior level "practicum" courses which included practice teaching in elementary school classrooms.

The day before classes were to begin, Ms. Grantham received a letter from the SLU Dean of the College of Education, expelling her from the elementary education program based on "concerns about [your] profound hearing impairment;" and "concerns about [your] ability to perform essential functions of a lower elementary teacher in a regular, multi-disciplinary classroom setting."

Ms. Grantham filed a lawsuit against the Louisiana Board of Trustees for Colleges and Universities and SLU administrators, claiming that they violated Title II of the Americans with Disabilities Act (ADA) when they dropped her from the teacher education program. This federal law prohibits, among other things, state and local governments from discriminating against individuals with disabilities.

Before trial, the parties stipulated that Ms. Grantham could take elementary education classes at the University of New Orleans (UNO), another state university, and that when she completed the required courses, she would receive a degree in elementary education from SLU. Nevertheless, at the trial, which took place in New Orleans in May 1995, the defendants maintained that Ms. Grantham was not qualified for the SLU teacher education program and that they did not discriminate against her.

In a four day jury trial in the United States District Court for the Eastern District of Louisiana, a jury heard evidence from nine witnesses, including Ms. Grantham, who testified about her qualifications. These witnesses included UNO professors who taught Ms. Grantham, a third grade teacher who observed Ms. Grantham in her practice teaching, and experts from Lamar University and Gallaudet University who testified that a deaf student was qualified to teach in elementary education classes. The jury also heard testimony from five witnesses for the defendants.

The jury found that the defendants discriminated against Ms. Grantham when they expelled her from the SLU teacher education program, and the jury awarded Ms. Grantham $181,000 in damages. Following the jury verdict, the federal district court awarded Ms. Grantham attorneys' fees pursuant to the provisions of the ADA. The defendants filed an appeal to the United States Court of Appeals for the Fifth Circuit.

Following oral argument on September 30, 1996, the appeals court affirmed the jury verdict. The appeals court noted that the issue most strongly contested by the defendants was whether Ms. Grantham was qualified to seek an elementary education degree and whether the defendants discriminated against her. According to the appeals court, these issues were factual, and there was evidence to support the jury's findings.

The appeals court also affirmed the attorneys' fee award.

While the appeal was pending, Ms Grantham received a BA degree from SLU with a concentration in lower elementary education. This is the degree she originally sought. She has also received a teaching certificate from the Louisiana Department of Education which specifies that she is qualified to teach in elementary grades and lower elementary grades. Ms. Grantham was represented by the National Association of the Deaf Law Center in Silver Spring, Maryland, and the Advocacy Center for the Elderly and the Disabled in New Orleans, Louisiana.