legal aspects of special education and social foundations the americans with disabilities act (ada)...
TRANSCRIPT
![Page 1: 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](https://reader030.vdocuments.net/reader030/viewer/2022032606/56649e915503460f94b97061/html5/thumbnails/1.jpg)
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
![Page 2: 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](https://reader030.vdocuments.net/reader030/viewer/2022032606/56649e915503460f94b97061/html5/thumbnails/2.jpg)
Pre-TestPre-Test
• ADA Quiz• ADA Quiz
![Page 3: 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](https://reader030.vdocuments.net/reader030/viewer/2022032606/56649e915503460f94b97061/html5/thumbnails/3.jpg)
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
![Page 4: 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](https://reader030.vdocuments.net/reader030/viewer/2022032606/56649e915503460f94b97061/html5/thumbnails/4.jpg)
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
![Page 5: 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](https://reader030.vdocuments.net/reader030/viewer/2022032606/56649e915503460f94b97061/html5/thumbnails/5.jpg)
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
![Page 6: 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](https://reader030.vdocuments.net/reader030/viewer/2022032606/56649e915503460f94b97061/html5/thumbnails/6.jpg)
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
![Page 7: 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](https://reader030.vdocuments.net/reader030/viewer/2022032606/56649e915503460f94b97061/html5/thumbnails/7.jpg)
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
![Page 8: 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](https://reader030.vdocuments.net/reader030/viewer/2022032606/56649e915503460f94b97061/html5/thumbnails/8.jpg)
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
![Page 9: 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](https://reader030.vdocuments.net/reader030/viewer/2022032606/56649e915503460f94b97061/html5/thumbnails/9.jpg)
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
![Page 10: 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](https://reader030.vdocuments.net/reader030/viewer/2022032606/56649e915503460f94b97061/html5/thumbnails/10.jpg)
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?
![Page 11: 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](https://reader030.vdocuments.net/reader030/viewer/2022032606/56649e915503460f94b97061/html5/thumbnails/11.jpg)
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
![Page 12: 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](https://reader030.vdocuments.net/reader030/viewer/2022032606/56649e915503460f94b97061/html5/thumbnails/12.jpg)
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
![Page 13: 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](https://reader030.vdocuments.net/reader030/viewer/2022032606/56649e915503460f94b97061/html5/thumbnails/13.jpg)
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
![Page 14: 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](https://reader030.vdocuments.net/reader030/viewer/2022032606/56649e915503460f94b97061/html5/thumbnails/14.jpg)
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
![Page 15: 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](https://reader030.vdocuments.net/reader030/viewer/2022032606/56649e915503460f94b97061/html5/thumbnails/15.jpg)
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
![Page 16: 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](https://reader030.vdocuments.net/reader030/viewer/2022032606/56649e915503460f94b97061/html5/thumbnails/16.jpg)
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
![Page 17: 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](https://reader030.vdocuments.net/reader030/viewer/2022032606/56649e915503460f94b97061/html5/thumbnails/17.jpg)
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
![Page 18: 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](https://reader030.vdocuments.net/reader030/viewer/2022032606/56649e915503460f94b97061/html5/thumbnails/18.jpg)
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
![Page 19: 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](https://reader030.vdocuments.net/reader030/viewer/2022032606/56649e915503460f94b97061/html5/thumbnails/19.jpg)
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
![Page 20: 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](https://reader030.vdocuments.net/reader030/viewer/2022032606/56649e915503460f94b97061/html5/thumbnails/20.jpg)
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
![Page 21: 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](https://reader030.vdocuments.net/reader030/viewer/2022032606/56649e915503460f94b97061/html5/thumbnails/21.jpg)
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
![Page 22: 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](https://reader030.vdocuments.net/reader030/viewer/2022032606/56649e915503460f94b97061/html5/thumbnails/22.jpg)
ReviewReview
http://www.conillinst.org/ada_quiz.htm
http://www.conillinst.org/ada_quiz.htm