Appeals court upholds KU medical school’s denial of admission to disabled student

? The 10th U.S. Circuit Court of Appeals on Friday said the Americans with Disabilities Act does not require Kansas University’s School of Medicine to admit a student whose physical disabilities would prevent her from performing many of the basic duties of a doctor.

Emily McCulley, whom the court described as “an accomplished young woman suffering from a serious disability,” was first admitted to the school in 2011. But KU later rescinded the admission after McCulley explained the kind of accommodations she would need.

McCulley suffers from Type III spinal muscle atrophy, the court noted, which requires her to use a wheelchair and limits the strength of her arms.

The school’s accreditation requires it to have “technical standards” that all students must meet. Those include the motor skills and strength needed to perform emergency procedures like CPR, or lifting and positioning elderly patients for treatment.

McCulley’s own doctor said she would need an assistant with her to perform those tasks. KU said that would effectively make McCulley an “observer” rather than a doctor providing care.

McCulley sued under the Americans with Disabilities Act, arguing that KU discriminated against her on the basis of her disability and refused to provide her with reasonable accommodations. But a trial court sided with KU and dismissed the suit.

In an unpublished opinion, the 10th Circuit upheld the lower court, saying the ADA does not require the school to make accommodations that would “fundamentally alter the nature of its program,” which is to train doctors to practice in a wide variety of settings.

The court noted, however, that McCulley and others with similar disabilities could be admitted to some other program with less demanding physical requirements.

“We are impressed by McCulley’s achievements, and we hope that — regardless of whether she ultimately attends medical school — she is able to employ her passion and skills in the service of those in need,” the court said.

KU School of Medicine officials declined to comment on the case or discuss what other programs McCulley might be suited for.