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Ch6TheAmericanswithDisabilitiesAct.pptx

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The Law and Special Education

Fifth Edition

Chapter 6

The Americans with Disabilities Act

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Learning Objectives

6.1 Describe the origins of the Americans with Disabilities Act.

6.2 Describe the purpose of the Americans with Disabilities Act.

6.3 Describe the structure of the Americans with Disabilities Act.

6.4 Describe eligibility of persons with disabilities under the Americans with Disabilities Act.

6.5 Describe the titles of the Americans with Disabilities Act.

6.6 Describe the purpose of the Americans with Disabilities Act Amendments of 2008.

6.7 Describe school district responsibilities under the Americans with Disabilities.

Introduction

I now lift my pen to sign the Americans with Disabilities Act and say: Let the shameful walls of exclusion finally come tumbling down.

-President George Herbert Walker Bush, Remarks on Signing the Americans with Disabilities Act of 1990, July 26, 1990

The A D A

No otherwise qualified individual with a disability in the United States . . . shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or any activity receiving Federal financial assistance.

(Section 504, 29 U.S.C. § 794[a])

The Purpose of the A D A (1 of 2)

To provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities;

To provide clear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities;

To ensure that the federal government plays a central role in enforcing the standards established in the Act on behalf of individuals with disabilities; and

To invoke the sweep of Congressional authority, including the power to enforce the 14th Amendment and to regulate commerce, in order to address the major areas of discrimination faced day to day by people with disabilities.

A D A, 42 U.S.C. § 12101

The Purpose of the A D A (2 of 2)

The A D A extends the civil rights and antidiscrimination protections of Section 504 from the federal government, its contractors, and recipients of federal funds to employers, state and local governments or any instrumentality of the government, and any privately-owned business or facility open to the public.

A D A, 42 U.S.C. § 12101

Congressional Findings

Some 43,000,000 Americans have one or more physical or mental disabilities, and this number is increasing as the population as a whole is growing older

Historically, society has tended to isolate and segregate individuals with disabilities, and, despite some improvements, such forms of discrimination continue to be a serious and pervasive social problems

A D A, 42 U.S.C. § 12101(a)(1)-(2)

Who Is Protected?

An individual with a physical or mental impairment that substantially limits one or more of a major life activity

An individual with a record of such an impairment

An individual who is regarded as having such an impairment

The U.S. Supreme Court and the A D A

In a series of cases, the U.S. Supreme Court were seen as narrowing the scope of the A D A’ s protections by restricting who was protected by the law.

Sutton versus United Air Lines (1999)

Murphy versus United Parcel Services (1999)

Albertson, Inc. versus Kirkingburg (1999)

Toyota Motor Manufacturing, Inc. versus Williams (2002)

The A D A Amendments of 2008

When Congress revisited the A D A, it specifically rejected the U.S. Supreme Court’s narrowing of the definition of disabilities in the A D A Amendments of 2008

Congress believed that the high court had improperly eliminated protections for persons for whom the A D A was intended to protect and had incorrectly narrowed the scope of the law.

Definitional changes in 2008

Broadened the definition of disability

Expanded the definition of a major life activity

Mitigating factors (e., medication, mobility devices) may not be considered when determining whether a person has a disability under the A D A. (With the exception of eye glasses or contact lenses)

Lowered the standards for persons to be “regarded” as having disability

Structure of the A D A

Title

Employment

Title

Public services

Title

Public accommodations operated by

a private entity

Title

Telecommunications

Title

Miscellaneous (e.g., Retaliation against

persons seeking to enforce their A D A rights are prohibited)

School District Responsibilities

Appoint an A D A compliance coordination

Conduct a self-evaluation

Correct deficiencies (transition plan)

Do not discriminate

Make reasonable accommodations

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