Americans with Disabilities Act

The Americans with Disabilities Act of 1990 was enacted to prohibit the discrimination of those with disabilities. An individual with a disability is described as one having a) A physical or mental impairment that substantially limits one or more major life activities b) A record of such an impairment, or c) A person who is perceived to others as having an impairment.

The Americans with Disabilities Act (ADA) defines the parameters of the act into five Titles. These five Titles ensure that those individuals with disabilities are protected from discrimination in every aspect of their life and surroundings. The five Titles within the ADA are as follows:

Employment (Title I) Title I states that; businesses must provide reasonable accommodations to protect the rights of individuals with disabilities in all aspects of employment. Possible changes may include restructuring jobs, altering the layout of workstations, or modifying equipment.

Public Services (Title II) Title II states that; public services, which include state and local government services, cannot deny services to people with disabilities participation in programs or activities which are available to people without disabilities. In addition, public transportation systems, such as public transit buses, must be accessible to individuals with disabilities. Title II is the most important for education and will be further looked at later in this paper.

Public Accommodations (Title III) Title III of ADA states that; all new construction and modifications of public accommodations must be accessible to individuals with disabilities. Examples of public accommodations include facilities such as restaurants, hotels, grocery stores, retail stores, etc., as well as privately owned transportation systems.

Telecommunications (Title IV) Title IV of the ADA states that; telecommunication companies offering telephone service to the general public must have telephone relay service to individuals who use telecommunication devices for the deaf or similar devices.

Miscellaneous (Title V) Title V of the ADA includes a provision prohibiting either (a) coercing or threatening or (b) retaliating against the disabled or those attempting to aid people with disabilities in asserting their rights under the ADA.

It is important to note that in August 2008 that ADA Amendments Act of 2008, was enacted. It officially went into effect on January 1, 2009. The purpose of the Act essentially broadens the coverage of individuals with disabilities and does not allow for such extensive analysis as the prior regulations.

For the purpose of this course and as educators it is imperative to focus on Title II of the ADA. Under Title II, school districts are required to make their programs, facilities, and services accessible to people with disabilities. These requirements cover facility design as well as other services. The initial intent the public school portion of Title II of the ADA was to entitle all children to a Free and Appropriate Education (FAPE).

As time has passed and new mandates, federal, state, and local laws have come into play, the ADA has brought about new terms in education. The Rehabilitation Act of 1973 was originally passed and geared toward providing job opportunities and training disabled adults, the Act also addressed the failure of the public schools to educate disabled students. It is this failure that forced Section 504 to come along. Section 504 focused on non-discrimination. 504 prohibits children with any type of disability from being denied participation or enjoyment of the benefits offered by public school programs. Due to fact that Section 504 was not the “cure all” for the problem that still existed within schools an additional effort resulted in the form of another acronym labeled IDEA: Individuals with Disabilities Education Act. Under IDEA children ages 3-21 are provided an education through federal financial assistance. IDEA requires the development of an Individualized Education Program (IEP) document with specific content and a required number of specific participants at an IEP meeting.

As educators it is crucial to stay current on the latest literature that surrounds special education laws. These laws almost always directly affect our instruction and day to day routine. The time line in this brief paper outline how the government has made changes to benefit those with disabilities. Hopefully, as technologies continue to advance and education remains a driving force in our ever changing society we will continue to make amendments to these laws and regulations for the disabled.

Resources

http://www.ada.gov/

http://www.eeoc.gov/types/ada.html

Americans with Disabilities Act (ADA). Feature Issue.Preview . By: Lakin, Charlie; And Others.

IMPACT, v5 n4 Win 1992-93. 1993 22 pp. (ED357545)

National Association of Elementary School Principals (NAESP). naesp@naesp.org; Web site:

http://www.naesp.org: Section 504: An Update.