Experiential Assignment

Professor Debra Blair, Ed.D

Americans with Disability Act & its Impact

Learning Objectives 1. Describe key disability

legislation 2. Describe the Americans with

Disabilities Act and the recent 2008 amendments

Key Disability Legislation • Architectural Barriers Act 1968

― Ensures that buildings that were financed by federal funds, in any way, are designed to be accessible and usable by persons with disabilities.

― FACT: For New Construction Only 1% of cost is needed to make facility accessible by minimal standards.

Vocational Rehabilitation Act 1973 • Title V, Section 504 stated that… • No otherwise qualified individual in the U.S.

shall solely because of his/her handicap, be excluded from participation in, be denied benefits of, or be subject to discrimination under a program receiving federal funds..

• Supported research, training and development for persons with disabilities.

• Requires voting place across US to be physical accessible or provide reasonable alternative.

• Requires states to make voting aids for disabled and elderly.

Voting Accessibility for the Elderly and Handicapped Act (1984)

• Requires public schools to make available to all eligible children with disabilities a free public education.

• Development of an IEP for each child by child study team, parents and reps from other identified needs

Individuals with Disabilities Education Act (2004)

• Requires Prohibits discrimination against people with disabilities in employment, transportation, public accommodations, communications, and activities of state and local government.

Americans with Disability Act Amendments Act of 2008

• Title I Employment ― (Equal Employment Opportunity Commission) ― Job Accommodation Network

• Title II Public Services/Transportation ― (Dept. of Transportation &

Architectural/Transportation Barriers Compliance Brd.)

• Title III Public Accommodations ― (Department of Justice)

• Title IV Telecommunications ― (Federal Communications Commission)

Americans with Disabilities Amendments Act of 2008

• Rule Effective March 15, 2011 • Compliance Effective March 15, 2012(New

Construction to follow 2010 Standards for Accessible Design)

• May 21, 2012 Amendments to Title II and Title III: Extension of Compliance Date for Existing Pools

• May 2013 - EEOC issued expanded definition of Disability to include Cancer, Diabetes, Epilepsy and Intellectual Disabilities

Changes to the ADAA

• Included but not limited to… • Required to make facilities accessible • Modify or acquire special equipment to offer

services • Modify programs to fit needs, or provide

alternative • Provide readers/interpreters • Modify exams, training materials, and policies • Restructure jobs; review of job functions • ETC.

Impact: “Reasonable Accommodations”

• If the accommodation is unduly costly, extensive, substantially difficult, disruptive or would fundamentally alter the nature of the service or business.

Unless We Can Prove “Undue Hardship”

• For You and Your Organization……… ― Basic First Aid skills ― Awareness of ATTITUDES and their

impact ― Establish Priorities for Action

• what are the needs of your consumer ― Keep abreast of current legislation ― Leadership Skill Development ― Understand the basic Disabling

Conditions

Preparing to Comply with ADAA

• Establish Community/Organization Advisory Boards, Action Committees

• Develop Networks (what’s the power structure) • Strive for Architectural Accessibility and Program

Usability ― Job Accommodation Network - 800-526-7234

• Continual staff training and development • Develop “ADA Experts” . • Reviews policies, procedures, forms records to

identify potential problems, revisit hiring practices

Preparing Cont’d

Learning Objectives 1. Describe key disability

legislation 2. Describe the Americans with

Disabilities Act and the recent 2008 amendments