Legal Aspects of Special Education and Social

Foundations

Legal Aspects of Special Education and Social

Foundations

The Americans with Disabilities Act (ADA)

9-15-05

The Americans with Disabilities Act (ADA)

9-15-05

Pre-TestPre-Test

• ADA Quiz• ADA Quiz

ADAADA

• 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 employersGo to ADA Quicktime Videohttp://www.usdoj.gov/crt/ada/videogallery.htm#ADAsigningDSLcaptioned

Impact on Public Education

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 ADAPurpose 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

http://www.usdoj.gov/crt/ada/videogallery.htm#ADAsigningDSLcaptioned

Discriminatory PracticesDiscriminatory 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 LawPurpose 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 ClassProtected 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

ExclusionsExclusions• 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

VideoVideo

• 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 SectionsFive 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 ITitle 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

AccommodationsAccommodations• 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

DiscriminationDiscrimination

• 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 IITitle 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

DiscriminationDiscrimination

• 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 IIITitle 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

DiscriminationDiscrimination

• 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 IVTitle 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 VTitle 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 EducationPublic 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

ReviewReview

http://www.conillinst.org/ada_quiz.htm

http://www.conillinst.org/ada_quiz.htm