Inclusive Instruction: Blurring Diversity and Disability in Law School Classrooms Through Universal Design

Abstract

This Article addresses the difficult issues faced by law schools in determining the use of accommodations for students with disabilities in the context of the Americans with Disabilities Act of 1990 (ADA) and, in particular, for those with “invisible disabilities,” such as learning disabilities, emotional disabilities, and attention disorders. Because the manner in which accommodations are delivered is specific for each university and factintensive for each student, there often is confusion about the role played by accommodations in supporting an educational process while providing equal access in academic environments as mandated by the ADA. We suggest an alternative to the exclusive use of accommodations as the vehicle through which access is attained. We argue that law schools should adopt Universal Design for Instruction (UDI) principles as the foundation of pedagogical practice in law school classrooms and for assessment of learning outcomes. Changes based on these principles have the potential to provide access for students with disabilities without altering the essential nature of the curriculum and program objectives.