The Americans The Americans with Disabilities Act with Disabilities Act

©©Kristina Krampe, 2005

EDS 513: Legal Issues EDS 513: Legal Issues

in Special Educationin Special Education

Introduction to the Introduction to the PresentationPresentation

Prior to beginning this presentation, Prior to beginning this presentation, you should have ryou should have read Chapter 7 of ead Chapter 7 of Yell’s (2006)Yell’s (2006) The Law and Special The Law and Special Education, 2nd EditionEducation, 2nd Edition

Upon completion of this presentation, Upon completion of this presentation, you should be able to syou should be able to summarize the ummarize the implications of the ADA in terms of implications of the ADA in terms of students with disabilitiesstudents with disabilities

Purpose of the ADAPurpose of the ADA

Extends protection to persons with Extends protection to persons with disabilities against discrimination in the disabilities against discrimination in the private sector and in state and local private sector and in state and local government government

Assures equality of opportunity, full Assures equality of opportunity, full participation, independent living, and participation, independent living, and economic self-sufficiency to persons economic self-sufficiency to persons with disabilitieswith disabilities

Protection Under Protection Under the ADAthe ADA

Protects individuals defined as disabled Protects individuals defined as disabled through through Section 504: Physical or mental impairment that Physical or mental impairment that

substantially impacts on one or more major substantially impacts on one or more major life activitieslife activities

Record of such impairmentRecord of such impairment Regarded as having such an impairmentRegarded as having such an impairment

Protection Under Protection Under the ADAthe ADA

Does not include:Does not include: Infectious disease that presents “direct Infectious disease that presents “direct

threat” threat” Environmental, cultural, or economic Environmental, cultural, or economic

disadvantagesdisadvantages Age, pregnancy, or obesity Age, pregnancy, or obesity Gender identity disorders, sexual Gender identity disorders, sexual

behavior disorders, or compulsive behavior disorders, or compulsive gambling disordersgambling disorders

Disorders that result from the current Disorders that result from the current use of illegal drugsuse of illegal drugs

Title I: EmploymentTitle I: Employment

Applies to:Applies to: Employers with more than 15 employees Employers with more than 15 employees

(excluding federal government and private (excluding federal government and private clubs)clubs)

Schools that have more than 50 employeesSchools that have more than 50 employees Employment agencies, labor organizations Employment agencies, labor organizations

and labor-management committeesand labor-management committees Qualified persons with a disability that are Qualified persons with a disability that are

able to perform the essential functions of a able to perform the essential functions of a job with or without job with or without reasonable accommodations

Title I: EmploymentTitle I: Employment

Requires modification that will allow an Requires modification that will allow an individual with disabilities to perform a individual with disabilities to perform a specific job, including:specific job, including: Making existing facilities accessible Making existing facilities accessible Job restructuring/reassignmentJob restructuring/reassignment Reduced/modified work schedulesReduced/modified work schedules Assistive devices Assistive devices Modification of materials/policiesModification of materials/policies Readers or interpretersReaders or interpreters

Title I: EmploymentTitle I: Employment

To determine reasonable To determine reasonable accommodations, consider:accommodations, consider: Purpose and essential functions of jobPurpose and essential functions of job Job-related limitations imposed by disabilityJob-related limitations imposed by disability Effectiveness of potential accommodationsEffectiveness of potential accommodations Preference of individual with disabilityPreference of individual with disability Nature and cost of the accommodationsNature and cost of the accommodations Financial resources of the covered entityFinancial resources of the covered entity

Title I EnforcementTitle I Enforcement

Enforced by the Equal Employment Enforced by the Equal Employment Opportunity Commission (EEOC)Opportunity Commission (EEOC)

Claims must be filed within 180 days of Claims must be filed within 180 days of the discriminating actionthe discriminating action

Complainant can bring a private lawsuitComplainant can bring a private lawsuit

Compensatory and punitive damages may be awarded

Title II: Title II: Public ServicesPublic Services

Public entities:Public entities: Use public funds to operateUse public funds to operate Have employees who are considered Have employees who are considered

government employeesgovernment employees Receive property or equipment from the Receive property or equipment from the

governmentgovernment Are governed by an independent or elected Are governed by an independent or elected

boardboard

Title II: Title II: Public ServicesPublic Services

Protects against discrimination in Protects against discrimination in public transportationpublic transportationIncludes rail or bus servicesIncludes rail or bus servicesExcludes air travelExcludes air travelIncludes intercity or commuter rail Includes intercity or commuter rail

servicesservicesExcludes public school public school

transportationtransportation

Title II EnforcementTitle II Enforcement

Enforced by the Department of JusticeEnforced by the Department of Justice

Complaints must be filed within 180 days Complaints must be filed within 180 days of the discriminationof the discrimination

Complainant can bring a private lawsuitComplainant can bring a private lawsuit

Only actual damages may be soughtOnly actual damages may be sought

Title III: Public Title III: Public AccommodationsAccommodations

Applies to:Applies to:Hotels and motelsHotels and motelsBars and restaurants Bars and restaurants Theaters and museumsTheaters and museumsStores and shopping centers Stores and shopping centers Hospitals and professional officesHospitals and professional officesAmusement parks and zoos Amusement parks and zoos Nurseries and private schoolsNurseries and private schoolsDay care centers and homeless sheltersDay care centers and homeless sheltersGyms and health clubsGyms and health clubs

Title III: Public Title III: Public AccommodationsAccommodations

Privately operated public transportation Privately operated public transportation is coveredis covered Shuttle servicesShuttle services Student transportation systemsStudent transportation systems Within a recreational facilityWithin a recreational facility

Private clubs, private residences, and Private clubs, private residences, and religious entities are exemptreligious entities are exempt

Title III: Public Title III: Public AccommodationsAccommodations

Provision of effective communicationProvision of effective communication May include auxiliary/assistive aids/servicesMay include auxiliary/assistive aids/services Personal devices/services not requiredPersonal devices/services not required

Removal of existing architectural and Removal of existing architectural and structural barriersstructural barriers Install ramps, curb cuts, grab barsInstall ramps, curb cuts, grab bars Reposition shelves, telephones, furnitureReposition shelves, telephones, furniture

Compliance in new construction and building Compliance in new construction and building alterationsalterations

Title III EnforcementTitle III Enforcement

Enforced by Enforced by Department of Justice and Department of Justice and Department of Transportation Department of Transportation

Court may award injunctive reliefCourt may award injunctive relief

No punitive damages availableNo punitive damages available

Title IV: Title IV: TelecommunicationsTelecommunications

Phone companies are required to provide Phone companies are required to provide telecommunication access for persons telecommunication access for persons with hearing and speech disabilitieswith hearing and speech disabilities

System of relay services

Television stations are required to provide Television stations are required to provide close-captioning for public service close-captioning for public service announcementsannouncements Not required for television programNot required for television program

Title IV EnforcementTitle IV Enforcement

Enforced by the Federal Communications Enforced by the Federal Communications Commission (FCC)Commission (FCC)

Title V: Title V: MiscellaneousMiscellaneous

Allows states to be sued under the ADAAllows states to be sued under the ADA

Permits payment of attorney/expert witness feesPermits payment of attorney/expert witness fees

Prohibits coercion and retaliationProhibits coercion and retaliation

Does not invalidate laws that provide greater Does not invalidate laws that provide greater protection protection

Encourages alternative methods of resolutionsEncourages alternative methods of resolutions

School Districts School Districts ResponsibilitiesResponsibilities

Identify an ADA coordinator (if more than 50 employees) Coordinate ADA compliance activitiesCoordinate ADA compliance activities Inform and involve the communityInform and involve the community Coordinate self-evaluation and transition planCoordinate self-evaluation and transition plan Establish a grievance planEstablish a grievance plan Provide in-service training on ADA Provide in-service training on ADA Investigate complaintsInvestigate complaints

School Districts School Districts ResponsibilitiesResponsibilities

Complete a self-evaluationComplete a self-evaluation Areas not covered by Section 504 self-Areas not covered by Section 504 self-

evaluationevaluation Include all interested persons and organizationsInclude all interested persons and organizations Available for public review for 3 yearsAvailable for public review for 3 years

Develop a transition plan if deficiencies Develop a transition plan if deficiencies identifiedidentified

Identifies accessibility problemsIdentifies accessibility problemsDescribe methods to alleviate problemsDescribe methods to alleviate problems