USA: Legal Updates on International Exchange and Participants with Disabilities

Updates have been made to some of MIUSA's legal references about the
"presumption against extraterritoriality" in U.S. federal disability rights
laws and implications for study abroad and international students, since the
initial 2005 publication of Rights and Responsibilities: A Guide to
National and International Disability Related Laws for International
Exchange Organizations and Participants (www.miusa.org/publications/books/rr).
Points highlighted in the two 2010 updates, summarized from a memo from the
Disability Rights and Eduction Defense Fund, include:

* American schools or universities must take some proactive steps to
encourage their overseas program partners and organizations to provide
physical and program modifications, auxiliary aids, and other
accommodations.

* Mandating medical disclosure should not be for the sake of disclosure,
but to assist the applicant to make a thorough and fair self-evaluation
of whether she has, or can acquire, the qualities that the university or
exchange program considers necessary for a successful overseas
experience in a particular country.

* A U.S. university or school on American soil that is being asked to
place a student with a disability cannot use the fact that the foreign
student is not yet on American soil to somehow immunize itself against
being subject to federal law.

Find the two documents linked off the Rights and Responsibilities
publication page for detailed information: www.miusa.org/publications/books/rr.
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