Sharon Bellwood, Director Student Disability Services Greenville Technical College THE AMERICANS WITH DISABILITIES ACT : ADA POST AMENDMENTS.

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Presentation transcript:

Sharon Bellwood, Director Student Disability Services Greenville Technical College THE AMERICANS WITH DISABILITIES ACT : ADA POST AMENDMENTS

ADA Evolution 1990: Signed into Law 1992: Beginning implementation begins 2000: Reauthorized: 10 th Anniversary A series of “bad” Supreme Court Decisions: 2008: Amendments approved 2011: Final regulations published

ADA vs. ADAA What changed? Equal opportunity expands to equal access Programs Services Events Benefits Due process expands to the deliberative process “the critical examination of an issue involving the weighing of reasons for and against a course of action “deliberative process” is a process allowing a group to receive and exchange information, to critically examine an issue, and to come to an agreement which will inform and effect decision making ACCESSProcess

What did not change? 3 ways to accommodate: AKA to say YES 1. Reasonable accommodation 2. Auxiliary aids and services 3. Alteration to policies and procedures 3 reasons to deny: AKA to say NO 1.Fundamental Alteration 2.Undue burden 3.Direct Threat This one changed a little bit…

The trick is to use the “new” to implement the “old”

Implementing Access New construction standards: Stadiums and places of public gathering Web Accessibility Reasonable accommodation redefined as a “means to access”. Inclusion gives way to Universal Design New definition of a wheelchair Definition of a service animal Documentation to support the disability should not be exhaustive or cumbersome

Implementing the Deliberative Process Begins with NOTICE: Clearly outlined process for: Requesting services Approval of services Implementation of services Clearly outlined process for: How the final decision is made How to disagree with the decision Substantial process to ensure all affected parties are represented