the americans with disabilities act © the americans with disabilities act ©kristina krampe, 2005...
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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