EDS 513 Legal Issues in Special Education The

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

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

Purpose of the ADA 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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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