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Disabilities and the Law Individuals with Disabilities Education Act (IDEA) Americans with Disabilities Act (ADA) Tony Medeiros – Education 620 – IDEA and ADA – April 27, 2009
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2 Training Goals By the end of this training, you will have a better understanding of… By the end of this training, you will have a better understanding of… Individuals with Disabilities Education Act (IDEA) Individuals with Disabilities Education Act (IDEA) legal rights, requirements, procedures and benefits of students legal rights, requirements, procedures and benefits of students Americans with Disabilities Act (ADA) Americans with Disabilities Act (ADA) legal rights, requirements, processes and benefits of people in the workplace legal rights, requirements, processes and benefits of people in the workplace
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3 Table of Contents: What’s Inside? Individuals with Disabilities Education Act (IDEA) 4 Individuals with Disabilities Education Act (IDEA) 4 Americans with Disabilities Act (ADA)5 Americans with Disabilities Act (ADA)5 References 6 References 6
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4 Individuals with Disabilities Education Act (IDEA) [2004 revision] Individual Education Plan (IEP) Individual Education Plan (IEP) Clarifies the requirements and importance of an IEP for all disabled students, including multi-year IEP options Clarifies the requirements and importance of an IEP for all disabled students, including multi-year IEP options Due Process Due Process Formal IDEA violation complaint filing process, including escalation process and discussion of litigation fee liabilities Formal IDEA violation complaint filing process, including escalation process and discussion of litigation fee liabilities Discipline Discipline Behavior and safety-related considerations and escalation process are clarified Behavior and safety-related considerations and escalation process are clarified Source: http://www.fape.org/idea/2004/summary.htm
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5 Americans with Disabilities Act (ADA) [2008 Revision] Source: http://www.eeoc.gov/types/ada.html Disabilities Defined Disabilities Defined Clarifies what qualifies as “an individual with a disability” in the workplace Clarifies what qualifies as “an individual with a disability” in the workplace Reasonable Accommodation Reasonable Accommodation Employers are required to make reasonable, universal-design-like adjustments Employers are required to make reasonable, universal-design-like adjustments Medical Examinations & Inquiries Medical Examinations & Inquiries Employers may not ask job applicants on the specifics of a disability; medical exams must be job-related and consistent with business needs Employers may not ask job applicants on the specifics of a disability; medical exams must be job-related and consistent with business needs Drug Abuse Drug Abuse ADA does not cover those using illegal drugs ADA does not cover those using illegal drugs Retaliation Retaliation The law protects individuals with disabilities from retaliation during the involvement of ADA in any specific ADA filing, complaint or investigation The law protects individuals with disabilities from retaliation during the involvement of ADA in any specific ADA filing, complaint or investigation
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6 References Fape.org. (2004). Retrieved April 27, 2009, from http://www.fape.org/idea/2004/summary.htm http://www.fape.org/idea/2004/summary.htm The U.S. Equal Employment Opportunity Commission. (2009). Retrieved April 27, 2009, from http://www.eeoc.gov/types/ada.html http://www.eeoc.gov/types/ada.html
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