## Facts

- Robert T. McGregor, a law student with serious, permanent physical disabilities stemming from multiple accidents, enrolled in a J.D. program at a public law school receiving federal financial assistance.
- McGregor’s LSAT scores and undergraduate GPA produced an admissions index above the school’s cutoff, and he was admitted in 1988.
- After enrollment, McGregor repeatedly failed to maintain the minimum cumulative GPA required for progression and was not allowed to advance to the third year.
- McGregor requested disability-related accommodations, including changes affecting attendance structure and examination format; the school provided multiple accommodations (including examination-related adjustments and individualized assistance) but refused measures it viewed as inconsistent with its academic standards.
- McGregor alleged the school’s refusal to grant the requested additional accommodations and its decision not to advance him constituted discrimination under § 504 of the Rehabilitation Act.

## Issues

1. Whether McGregor was an “otherwise qualified” individual under § 504 for continued enrollment and progression in the J.D. program, despite failing to meet minimum academic requirements.
2. Whether the school denied McGregor benefits or excluded him “solely by reason of” his disability by refusing additional requested accommodations.
3. Whether the accommodations sought by McGregor would have required a fundamental alteration of the program or a lowering of academic standards, exceeding § 504’s requirements.

## Decision

- The Fifth Circuit affirmed summary judgment for the university and law school officials.
- The court held McGregor was “otherwise qualified” for admission based on his admissions credentials, but that did not establish he was otherwise qualified to continue progressing when he could not meet essential academic requirements.
- The court found the school provided reasonable accommodations and was not required to grant further modifications that would fundamentally alter the nature of the program or dilute academic standards.
- The court concluded McGregor failed to show he was denied benefits or excluded solely because of his disability; the adverse academic decision rested on his continued failure to satisfy neutral academic criteria.

## Legal Principles

- Under § 504 of the Rehabilitation Act, a federally funded educational program may not exclude an otherwise qualified person with a disability solely because of the disability.
- “Otherwise qualified” status in higher education may depend on continued ability to meet essential academic standards; qualification for admission does not automatically establish qualification for progression or completion.
- A covered institution must provide reasonable accommodations, but it need not make modifications that would fundamentally alter the program or require substantial changes to essential academic requirements.
- Courts generally defer to academic judgments about standards and progression when those decisions are based on neutral criteria and the institution has reasonably considered disability-related accommodations.

## Conclusion

The court upheld the law school’s decision not to advance McGregor because he did not meet minimum academic standards despite receiving accommodations, and § 504 did not require the school to implement additional changes that would fundamentally alter the J.D. program or lower its academic requirements.


McGregor v. La. State Univ. Bd. of Supervisors, 3 F.3d 850 (5th Cir. 1993)