Legal Aspects of Special Education and Social Foundations The Americans with Disabilities Act (ADA) The Americans with Disabilities Act (ADA)

Pre-Test ADA Quiz

ADA Mandates protection for persons with disabilities against discrimination in public and private sector Employment and public services Reinforces Section 504 Federally funded programs Private employers Mandates protection for persons with disabilities against discrimination in public and private sector Employment and public services Reinforces Section 504 Federally funded programs Private employers Go to ADA Quicktime Video

Impact on Public Education ADA does not add to rights of students It extends reach of section 504 Areas affected: Employment Nondiscrimination Communications Program accessibility ADA does not add to rights of students It extends reach of section 504 Areas affected: Employment Nondiscrimination Communications Program accessibility

Purpose of the ADA 53 million Americans with disabilities in 1990 Discrimination Employment Housing Public accommodations Education Transportation Communication Recreation Institutionalization Health services Voting Access to public services 53 million Americans with disabilities in 1990 Discrimination Employment Housing Public accommodations Education Transportation Communication Recreation Institutionalization Health services Voting Access to public services

Discriminatory Practices Ability to participate Unequal benefit Equal but different or separate Exclusion by eligibility determinations Segregation Ability to participate Unequal benefit Equal but different or separate Exclusion by eligibility determinations Segregation

Purpose of the Law National mandate against discrimination Enforce standards addressing discrimination Federal government involvement Power to enforce the 14th Amendment and regulate commerce National mandate against discrimination Enforce standards addressing discrimination Federal government involvement Power to enforce the 14th Amendment and regulate commerce

Protected Class Physical or mental impairment that substantially limits one or more life activities Records of impairment Being regard as having impairment Physical or mental impairment that substantially limits one or more life activities Records of impairment Being regard as having impairment

Exclusions Physical characteristics Environmental factors Cultural factors Economic conditions Other disadvantages Age Acute conditions Pregnancy Obesity Physical characteristics Environmental factors Cultural factors Economic conditions Other disadvantages Age Acute conditions Pregnancy Obesity

Video Write down your thoughts regarding equal opportunity and discrimination. What kind of emotional responses did you experience? How does the ADA support persons with disabilities? How far does this support extend? Who is responsible to assure the rights of persons with disabilities under the ADA? Write down your thoughts regarding equal opportunity and discrimination. What kind of emotional responses did you experience? How does the ADA support persons with disabilities? How far does this support extend? Who is responsible to assure the rights of persons with disabilities under the ADA?

Five Sections Title I - Employment Title II - Public services Title III - Public accommodations and services operated by private entities Title IV - Telecommunications Title V - Miscellaneous provisions Title I - Employment Title II - Public services Title III - Public accommodations and services operated by private entities Title IV - Telecommunications Title V - Miscellaneous provisions See Accessibility Checklist

Title I Covered entities - employers, employment agencies, labor organizations, and labor- management committees Non-covered entities - U.S. government and private membership clubs Covered entity Potential employee who meets pre-requisites of the job Potential employee who is capable to complete the duties of the job Covered entities - employers, employment agencies, labor organizations, and labor- management committees Non-covered entities - U.S. government and private membership clubs Covered entity Potential employee who meets pre-requisites of the job Potential employee who is capable to complete the duties of the job

Accommodations Reasonable - modification that removes barriers and allows person to do job Consult with potential employee Excludes accommodations that cause “undue hardship” Nature and cost Number of employees Effect on expenses Financial resources Number, type and location of facilities Type of operation Reasonable - modification that removes barriers and allows person to do job Consult with potential employee Excludes accommodations that cause “undue hardship” Nature and cost Number of employees Effect on expenses Financial resources Number, type and location of facilities Type of operation

Discrimination Limiting or classifying applicants Participating in contractural arrangements Following administrative procedures that discriminate Not making reasonable accommodations Not affirmative action mandate Limiting or classifying applicants Participating in contractural arrangements Following administrative procedures that discriminate Not making reasonable accommodations Not affirmative action mandate

Title II Subtitle A - state and local governments Subtitle B - public transportation Public entities Uses public funds Government employees Assistance from the government Governed by an independent or elected board Subtitle A - state and local governments Subtitle B - public transportation Public entities Uses public funds Government employees Assistance from the government Governed by an independent or elected board

Discrimination Qualified person denied services programs or activities of public entities Excludes public school transportation Qualified person denied services programs or activities of public entities Excludes public school transportation

Title III Public accommodations operated by a private entity Privately owned businesses Facilities open to the public Commercial facilities Exemptions Private residences Private clubs Religious entities Public entities Public accommodations operated by a private entity Privately owned businesses Facilities open to the public Commercial facilities Exemptions Private residences Private clubs Religious entities Public entities

Discrimination Eligibility criteria to “screen out” Failure to make reasonable accommodations Failure to remove barriers Eligibility criteria to “screen out” Failure to make reasonable accommodations Failure to remove barriers

Title IV Amends Communication Act of 1934 Requires appropriate agencies to provide services for persons with hearing and speech disabilities in telecommunications and televised public service announcements Relay services Close captioning Amends Communication Act of 1934 Requires appropriate agencies to provide services for persons with hearing and speech disabilities in telecommunications and televised public service announcements Relay services Close captioning

Title V States unless specifically stated by law Awarding fees Retaliation and coercion No limit of rights No lesser right than section 504 Encouragement of alternative dispute resolution Accessibility guidelines States unless specifically stated by law Awarding fees Retaliation and coercion No limit of rights No lesser right than section 504 Encouragement of alternative dispute resolution Accessibility guidelines

Public Education ADA officer Self-evaluation Transition plans Keep self-evaluations Notice of services Identify protected class Coverage of employees with disabilities Ensure new construction is readily accessible ADA officer Self-evaluation Transition plans Keep self-evaluations Notice of services Identify protected class Coverage of employees with disabilities Ensure new construction is readily accessible

Review