Research paper

Students need to work hard in order to obtain better academic results in different subjects. Especially for international students and students with disabilities, they need to spend extra time and attention to complete the tasks. For example, students with disabilities may have low self esteem or they may have a lack of abilities to complete their work on time compared to normal students. In order to make sure that they have equal rights and opportunities with normal student, the United States government creates the American Disability Act to let them to be more convenience in their daily lives. This act allows the students with disabilities in the United States to be more comfortable in their living places and academic performance as well. The American Disability Act provides students with disabilities some benefits to let them adopt the normal lives. The Act is beneficial for the students in different aspects such as extra time for tests and exams, the assistants to jot notes in various classes and special accommodations for different facilities. Therefore, this paper will provide relevant examples to explain how the American Disability Act helps students with disabilities in different aspects that I mentioned above.

The American Disability Act is the current text of the Americans with Disabilities Act of 1990 (ADA), including changes made by the ADA Amendments Act of 2008 (P.L. 110-325), which became effective on January 1, 2009. The act has different changes in these years which make the law be able to protect the people with disabilities in an all rounded way. This is because in the past, there were many situations that are difficult to define as a disability issue or not; therefore, this shows that the act needs to have improvements in order to deal with different situations.

The ADA Amendments Act of 2008 (ADA Amendments Act) made a number of significant changes to the meaning of the ADA definition of "disability" to ensure that definition would be broadly construed and applied without extensive analysis. The ADA Amendments Act made important changes to the interpretation of the term “disability” in the ADA in order to effectuate Congress's intent to restore the broad scope of the ADA .It did so by making it easier for an individual to establish that he or she has a disability. See Public Law 110–325, sec. 2(a)(3) (7). The Department was made several major revisions to the meaning of the term “disability” contained in the title II and title III ADA regulations in order to implement the ADA Amendments Act. These regulatory revisions are based on specific provisions in the ADA Amendments Act or on specific language in the legislative history.

The revised language clarified that the term “disability” shall be interpreted broadly and explains that the primary object of attention in cases brought under the ADA should be whether covered entities have complied with their obligations not to discriminate based on disability. It also explained the question that whether an individual’s impairment is a disability under the ADA should not demand extensive analysis. The revised regulations expand the definition of “major life activities” by providing a non-exhaustive list of major life activities that specifically includes the operation of major bodily functions. The revisions also added rules of construction to be applied when determining whether impairment substantially limited a major life activity.

On the other hand, t he data used to support the estimates in this Final Regulatory Assessmen t (Final RA) focus on (1) the increase in the number of postsecondary students or national examination test takers requesting and receiving accommodations — specifically, requests for extra time on exams — as a result of the changes made to the ADA by the ADA Amendments Act; and (2) the actual cost of these additional accommodations, which involves

costs of providing staff with the training on the changes made to the ADA by the ADA Amendments Act, administrative costs to process the added accommodation req uests made as a direct result of the ADA Amendments Act, and the costs of additional proctor time needed for these extra accommodation requests. For both postsecondary institutions and national testing entities, costs are broken down into three compo nents:

· One - time cost of training staff on relevant impact of The ADA Amendments Act;

· Annual cost of processing extra accommodation requests for extra exam time made as a direct re sult of the ADA Amendments Act;

· Annual cost of proctoring additional tim e on exams as a direct result of the ADA. Amendments Act.

Disability discrimination encompasses different aspects of unfavorable treatment such as harassment in the workplace or inaccessibility to buildings and businesses. Specifically, this form of discri mination occurs when an entity covered under the Americans with Disabilities Act or Section 504 treats an individual unfairly because they have a disability, a history of a disability, or is closely associated with someone who has a disability. The United States Supreme Court has decided many cases that deal with disability discrimination in various settings such as employment, public accommodations, and more.

In The Americans Disability Act have a lot of different court case to show that students with disabilities need special care in public transport s . In United States Supreme Court SPECTOR et al. v. NORWEGIAN CRUISE LINE LTD., (2005) No. 03 - 1388 Argued: February 28, 2005 Decided: June 6, 2005 . The Court determined that the Americans with Disabilities Act

(ADA) applied to foreign cruise ships in American waters. Therefore, the act is worry about the special care in public transports.

In addition , the act also concern about people is substantially limited in a major life activity . In United States Supr eme Court TOYOTA MOTOR MANUFACTURING, KENTUCKY, INC. v. WILLIAMS, (2002) No. 00 - 1089 Argued: November 7, 2001 Decided: January 8, 2002 . The case stated that a person is substantially limited in a major life activity, within the meaning of the ADA, if he or she has "an impairment that

prevents or significantly restricts the individual from doing activities that are of central importance to most people's daily lives . Thus, the American Disabilities Act is concerned about people with disability involve in diff erent activities.

On the other hand, students with disability should not concern and worried about that they would get discriminated in the work places. The United States Supreme Court CLEVELAND v. POLICY MANAGEMENT SYSTEMS CORP. et al., (1999) No. 97 - 1008 Argued: February 24, 1999 Decided: May 24, 1999 . It stated that The Supreme Court agrees with Equal Employment Opportunity Commission's (EEOC) position that a plaintiff can go forward with his or her Americans with Disabilities Act case despite having file d an earlier claim for disability under the Social Security Act alleging he or she is unable to work. This reflects that the act protect student with disabilities in their workplaces.

In 2017 about a few months ago, the law allows students to suit other directly in the case of decimation . In Fry v. Napoleon Community Schools, 15 - 497 , it claimed that The Court clarifies the definition of "disabled" under the Americans with Disabilities Act (ADA) and allows students to bring lawsuits directly under the Americans with Disabilities Act (ADA) and

Section 504 of the Rehabilitation Act of 1973 (Section 504) without requesting an administrative hearing under the Individuals with Disabilities Education Act (IDEA) when their claim is not related to the adequacy of their education. Therefore, the act in section 504 is allowing the students with disabilities to bring lawsuit directly.

In conclusion, The American Disability Act is published in 1990 and make edit on 2008. It provides chance to students with disab ilities to achieve their academic goals. The act also provides them to live more comfo rtably with relevant facilities. It also provides different specialists to take care their needs in daily lives. Students with disabilities have special care in public tr ansp ortations in travelling as well. Finally, they also have other right which is relevant to the American Disability Act to avoid them have discriminate issue in their workplaces and make them adopt the normal pace in society easily.

References

“New on ADA.Gov.” ADA INFORMATION LINE, Us gov, 15 Aug. 2015, www.ada.gov/.

“SPECTOR v. NORWEGIAN CRUISE LINE LTD. [03 - 1388].” United States Supreme Court,

FindLaw, 13 Apr. 2005, caselaw.findlaw.com/us - supreme - court/545/119.html.

“TOYOTA MOTOR MFG., KY., INC. v. WILLIAMS” United States Supreme Court,

FindLaw, 8 Jan. 2002 , caselaw.findlaw.com/us - supreme - court/534/184.html .

“ CLEVELAND v. POLICY MANAGEMENT SYSTEMS CORP. ” United States Supreme

Court, FindLaw, 24 Jan. 1999 , casela w.findlaw.com/us - supreme - court/526/795.html .

“ Fry v. Napoleon Community Schools, 15 - 497 . ” United States Supreme Court, FindLaw, 22 Feb .

2017 , caselaw.findlaw.com/summary/opinion/us - supreme - court/2017/02/22/278663.html