Disabilities and the Law Individuals with Disabilities Education

Disabilities and the Law Individuals with Disabilities Education Act (IDEA) Americans with Disabilities Act (ADA) Tony Medeiros – Education 620 – IDEA and ADA – April 27, 2009

Training Goals n By the end of this training, you will have a better understanding of… n Individuals with Disabilities Education Act (IDEA) n n legal rights, requirements, procedures and benefits of students Americans with Disabilities Act (ADA) n legal rights, requirements, processes and benefits of people in the workplace 2

Table of Contents: What’s Inside? n Individuals with Disabilities Education Act (IDEA) 4 n Americans with Disabilities Act (ADA) 5 n References 6 3

Individuals with Disabilities Education Act (IDEA) [2004 revision] n Individual Education Plan (IEP) n n Due Process n n Clarifies the requirements and importance of an IEP for all disabled students, including multi-year IEP options Formal IDEA violation complaint filing process, including escalation process and discussion of litigation fee liabilities Discipline n Behavior and safety-related considerations and escalation process are clarified Source: http: //www. fape. org/idea/2004/summary. htm 4

Americans with Disabilities Act (ADA) [2008 Revision] n Disabilities Defined n n Reasonable Accommodation n n Employers may not ask job applicants on the specifics of a disability; medical exams must be job-related and consistent with business needs Drug Abuse n n Employers are required to make reasonable, universal-design-like adjustments Medical Examinations & Inquiries n n Clarifies what qualifies as “an individual with a disability” in the workplace ADA does not cover those using illegal drugs Retaliation n The law protects individuals with disabilities from retaliation during the involvement of ADA in any specific ADA filing, complaint or investigation Source: http: //www. eeoc. gov/types/ada. html 5

References Fape. org. (2004). Retrieved April 27, 2009, from http: //www. fape. org/idea/2004/summary. htm The U. S. Equal Employment Opportunity Commission. (2009). Retrieved April 27, 2009, from http: //www. eeoc. gov/types/ada. html 6