School Board of Nassau County, Florida, Et Al. v. Arline

1986-04-21

Headline: Grants review limited to whether an elementary-school teacher with contagious tuberculosis is 'otherwise qualified' under federal disability law and directs the parties to brief that specific issue, prompting a Justice’s dissent about timing.

Holding: The Court granted review limited to Question One and directed the parties to brief whether a person with infectious tuberculosis is precluded from being "otherwise qualified" to teach elementary school under Section 504 of the Rehabilitation Act.

Real World Impact:

Requires courts and parties to address whether teachers with tuberculosis are 'otherwise qualified'.
May lead to factual trials on infection risks and reasonable accommodations in schools.
Ruling is not final; further findings and briefing may change the outcome.

Topics: disability rights, tuberculosis and work, school employment, reasonable accommodations

Summary

Background

A teacher, Mrs. Arline, and the local school board are involved in a dispute about her employment after she was found to have contagious tuberculosis. The Court of Appeals said the district court made no factual findings about infection risks, possible transfers, or accommodation costs and remanded the case for those findings. The Supreme Court then granted review limited to the first question in the petition and asked the parties to brief whether someone with tuberculosis is excluded from being "otherwise qualified" to teach under Section 504 of the Rehabilitation Act.

Reasoning

The central question the Supreme Court asked the parties to address is whether a contagious, infectious disease like tuberculosis automatically prevents a person from meeting the physical qualifications to teach elementary school under federal disability law. The Court’s order asks for briefing and argument on that specific issue but does not resolve the underlying factual disputes about risks, accommodation feasibility, or costs. The Court did not decide the merits; instead it limited review and sought further briefing on the qualification question.

Real world impact

The immediate effect is procedural: courts and the parties must now address whether tuberculosis can bar employment under Section 504. The resolution could affect teachers who have contagious diseases and how school systems evaluate risk and accommodation costs. Because this is an order asking for briefing rather than a final merits ruling, outcomes may change after the district court’s factual findings and further proceedings.

Dissents or concurrances

Justice Stevens dissented, arguing it was inappropriate to direct briefing on the "otherwise qualified" issue before the district court made the factual findings the Court of Appeals had required, and noting the petitioner had not sought review on that question.