1. The Americans with Disabilities Act © The Americans with Disabilities Act ©Kristina Krampe, 2005 EDS 513: Legal Issues in Special Education

2. Introduction to the Presentation Prior to beginning this presentation, you should have read Chapter 7 of Yell’s (2006) The Law and Special Education, 2nd Edition Prior to beginning this presentation, you should have read Chapter 7 of Yell’s (2006) The Law and Special Education, 2nd Edition Upon completion of this presentation, you should be able to summarize the implications of the ADA in terms of students with disabilities Upon completion of this presentation, you should be able to summarize the implications of the ADA in terms of students with disabilities

3. Purpose of the ADA Extends protection to persons with disabilities against discrimination in the private sector and in state and local government Extends protection to persons with disabilities against discrimination in the private sector and in state and local government Assures equality of opportunity, full participation, independent living, and economic self-sufficiency to persons with disabilities Assures equality of opportunity, full participation, independent living, and economic self-sufficiency to persons with disabilities

4. Protection Under the ADA Protects individuals defined as disabled through Section 504: Protects individuals defined as disabled through Section 504: 3Physical or mental impairment that substantially impacts on one or more major life activities 3Record of such impairment 3Regarded as having such an impairment

5. Protection Under the ADA Does not include: 3Infectious disease that presents “direct threat” 3Environmental, cultural, or economic disadvantages 3Age, pregnancy, or obesity 3Gender identity disorders, sexual behavior disorders, or compulsive gambling disorders 3Disorders that result from the current use of illegal drugs

6. Title I: Employment Applies to: 3Employers with more than 15 employees (excluding federal government and private clubs) 3Schools that have more than 50 employees 3Employment agencies, labor organizations and labor-management committees 3Qualified persons with a disability that are able to perform the essential functions of a job with or without reasonable accommodations

7. Title I: Employment Requires modification that will allow an individual with disabilities to perform a specific job, including: Requires modification that will allow an individual with disabilities to perform a specific job, including: 3Making existing facilities accessible 3Job restructuring/reassignment 3Reduced/modified work schedules 3Assistive devices 3Modification of materials/policies 3Readers or interpreters

8. Title I: Employment To determine reasonable accommodations, consider: To determine reasonable accommodations, consider: 3Purpose and essential functions of job 3Job-related limitations imposed by disability 3Effectiveness of potential accommodations 3Preference of individual with disability 3 Nature and cost of the accommodations 3 Financial resources of the covered entity

9. Title I Enforcement Enforced by the Equal Employment Opportunity Commission (EEOC) Enforced by the Equal Employment Opportunity Commission (EEOC) Claims must be filed within 180 days of the discriminating action Claims must be filed within 180 days of the discriminating action Complainant can bring a private lawsuit Complainant can bring a private lawsuit Compensatory and punitive damages may be awarded

10. Title II: Public Services Public entities: 3Use public funds to operate 3Have employees who are considered government employees 3Receive property or equipment from the government 3Are governed by an independent or elected board

11. Title II: Public Services Protects against discrimination in public transportation Protects against discrimination in public transportation 3Includes rail or bus services 3Excludes air travel 3Includes intercity or commuter rail services public school transportation 3Excludes public school transportation

12. Title II Enforcement Enforced by the Department of Justice Enforced by the Department of Justice Complaints must be filed within 180 days of the discrimination Complaints must be filed within 180 days of the discrimination Complainant can bring a private lawsuit Complainant can bring a private lawsuit Only actual damages may be sought Only actual damages may be sought

13. Title III: Public Accommodations Applies to: Hotels and motels Hotels and motels Bars and restaurants Bars and restaurants Theaters and museums Theaters and museums Stores and shopping centers Stores and shopping centers Hospitals and professional offices Hospitals and professional offices Amusement parks and zoos Amusement parks and zoos Nurseries and private schools Nurseries and private schools Day care centers and homeless shelters Day care centers and homeless shelters Gyms and health clubs Gyms and health clubs

14. Title III: Public Accommodations Privately operated public transportation is covered Privately operated public transportation is covered 3Shuttle services 3Student transportation systems 3Within a recreational facility Private clubs, private residences, and religious entities are exempt Private clubs, private residences, and religious entities are exempt

15. Title III: Public Accommodations Provision of effective communication Provision of effective communication 3May include auxiliary/assistive aids/services 3Personal devices/services not required Removal of existing architectural and structural barriers Removal of existing architectural and structural barriers 3Install ramps, curb cuts, grab bars 3Reposition shelves, telephones, furniture Compliance in new construction and building alterations Compliance in new construction and building alterations

16. Title III Enforcement Enforced by Department of Justice and Department of Transportation Enforced by Department of Justice and Department of Transportation Court may award injunctive relief Court may award injunctive relief No punitive damages available No punitive damages available

17. Title IV: Telecommunications Phone companies are required to provide telecommunication access for persons with hearing and speech disabilities Phone companies are required to provide telecommunication access for persons with hearing and speech disabilities System of relay services Television stations are required to provide close-captioning for public service announcements Television stations are required to provide close-captioning for public service announcements 3Not required for television program

18. Title IV Enforcement Enforced by the Federal Communications Commission (FCC) Enforced by the Federal Communications Commission (FCC)

19. Title V: Miscellaneous Allows states to be sued under the ADA Allows states to be sued under the ADA Permits payment of attorney/expert witness fees Permits payment of attorney/expert witness fees Prohibits coercion and retaliation Prohibits coercion and retaliation Does not invalidate laws that provide greater protection Does not invalidate laws that provide greater protection Encourages alternative methods of resolutions Encourages alternative methods of resolutions

20. School Districts Responsibilities Identify an ADA coordinator (if more than 50 employees) 3Coordinate ADA compliance activities 3Inform and involve the community 3Coordinate self-evaluation and transition plan 3Establish a grievance plan 3Provide in-service training on ADA 3Investigate complaints

21. School Districts Responsibilities Complete a self-evaluation Complete a self-evaluation 3Areas not covered by Section 504 self- evaluation 3Include all interested persons and organizations 3Available for public review for 3 years Develop a transition plan if deficiencies identified Develop a transition plan if deficiencies identified 3Identifies accessibility problems 3Describe methods to alleviate problems