Education

Guidance Counselors Fear Disabilities Suits

A tug of war is emerging between adamant college admissions officers, frightened high school counselors and litigious parents -- generated largely by the 1990 Americans With Disabilities Act (ADA). Under the ADA, college admissions offices cannot make pre-admission inquiries about possible disabilities of college applicants. And alcohol and drug addiction are considered disabilities if a student has had treatment and moved on.

Faced with the threat of a lawsuit by irate parents, high school counselors are becoming afraid of telling the truth to colleges. "They'll write that Johnny took these courses and was a great student," reports Joyce E. Smith, executive director of the National Association for College Admissions Counseling, "but they won't tell you that Johnny burned down the gym."

  • Many private preparatory academies have long had policies saying that all disciplinary actions against students will be reported to colleges.

  • But some are now saying that they are reconsidering such policies under pressure from parents, as well as fear of legal action.

  • Some legal scholars contend a 1974 law, the Educational Rights and Privacy Act, forbids counselors from sending student disciplinary records to colleges without express permission from the student's parents -- although some federal officials deny this.

  • Those familiar with the issue say that parents -- after having spent tens of thousands of dollars on private prep schools -- are now beginning to see themselves as consumers with rights and will fight to ensure their sons or daughters gain admission to prestigious colleges.

One factor driving the debate is that crime on campus has become a concern, not just of the institution, but of parents themselves.

Counselors have reportedly developed a code for their reports, such as suggesting that colleges telephone them. But now some say they have been warned that even that practice may be subject to legal action.

In this potentially litigious atmosphere, the colleges are worried too. They worry that if they admit a student with a criminal past who becomes violent, they will be held liable.

Source: Ethan Bronner, "High Schools Fear Telling Colleges All About Johnny," New York Times, March 11, 1998.


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