School Board Of Nassau County v. Arlin

480 U.S. 273 (1987)

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Nature of the Case

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Facts

P taught elementary school. She was discharged in 1979 after suffering a third relapse of tuberculosis within two years. P was denied relief in state administrative proceedings. P brought suit in federal court, alleging that the school board's decision to dismiss her because of her tuberculosis violated § 504 of the Act. P argued that it was 'not disputed that D dismissed her solely on the basis of her illness. The Court held, that although there was 'no question that she suffers a handicap,' P was nevertheless not 'a handicapped person under the terms of that statute.' The court found it 'difficult . . . to conceive that Congress intended contagious diseases to be included within the definition of a handicapped person.' The court then went on to state that, 'even assuming' that a person with a contagious disease could be deemed a handicapped person, P was not 'qualified' to teach elementary school. The Court of Appeals reversed, holding that 'persons with contagious diseases are within the coverage of section 504.' The Supreme Court granted certiorari.