Americans+with+Disabilities+Act+(ADA)+P.L.+101-336


 * AMERICANS WITH DISABILITIES ACT**

1. Overview of the law

  ** U.S. Department of Justice ** **Americans with Disabilities Act**  The ADA is a wide-ranging [|civil rights] law that prohibits, under certain circumstances, [|discrimination] based on [|disability]. It affords similar protections against discrimination to [|Americans with disabilities] as the [|Civil Rights Act of 1964], which made discrimination based on [|race] , [|religion] , [|sex] , national origin, and other characteristics illegal. Disability is defined as "a physical or mental impairment that substantially limits a major life activity." The determination of whether any particular condition is considered a disability is made on a case by case basis. Certain specific conditions are excluded as disabilities, such as current substance abusers.

__2. What prompted this law to be enacted?__

       -President George W. Bush The Americans with Disabilities was enacted because Congress found that:  ·  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 against individuals with disabilities continue to be a serious and pervasive social problem;  ·  discrimination against individuals with disabilities persists in such critical areas as employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and access to public services;  ·  unlike individuals who have experienced discrimination on the basis of race, color, sex, national origin, religion, or age, individuals who have experienced discrimination on the basis of disability have often had no legal recourse to redress such discrimination;  ·  individuals with disabilities continually encounter various forms of discrimination, including outright intentional exclusion, the discriminatory effects of architectural, transportation, and communication barriers, overprotective rules and policies, failure to make modifications to existing facilities and practices, exclusionary qualification standards and criteria, segregation, and relegation to lesser services, programs, activities, benefits, jobs, or other opportunities;  ·  census data, national polls, and other studies have documented that people with disabilities, as a group, occupy an inferior status in our society, and are severely disadvantaged socially, vocationally, economically, and educationally;  ·  individuals with disabilities are a discrete and insular minority who have been faced with restrictions and limitations, subjected to a history of purposeful unequal treatment, and relegated to a position of political powerlessness in our society, based on characteristics that are beyond the control of such individuals and resulting from stereotypic assumptions not truly indicative of the individual ability of such individuals to participate in, and contribute to, society;  ·  the Nation's proper goals regarding individuals with disabilities are to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for such individuals; and  ·  the continuing existence of unfair and unnecessary discrimination and prejudice denies people with disabilities the opportunity to compete on an equal basis and to pursue those opportunities for which our free society is justifiably famous, and costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity. Because of these findings, Congress has established that the purposes of the ADA are: <span style="COLOR: black; FONT-FAMILY: Symbol; mso-fareast-font-family: Symbol; mso-bidi-font-family: Symbol"> ·  to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities; <span style="COLOR: black; FONT-FAMILY: Symbol; mso-fareast-font-family: Symbol; mso-bidi-font-family: Symbol"> ·  to provide clear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities; <span style="COLOR: black; FONT-FAMILY: Symbol; mso-fareast-font-family: Symbol; mso-bidi-font-family: Symbol"> ·  to ensure that the Federal Government plays a central role in enforcing the standards established in this Act on behalf of individuals with disabilities; and <span style="COLOR: black; FONT-FAMILY: Symbol; mso-fareast-font-family: Symbol; mso-bidi-font-family: Symbol"> ·  to invoke the sweep of congressional authority, including the power to enforce the fourteenth amendment and to regulate commerce, in order to address the major areas of discrimination faced day-to-day by people with disabilities. ||
 * || “I know there may have been concerns that the ADA may be too vague or too costly, or may lead endlessly to litigation. But I want to reassure you right now that my administration and the United States Congress have carefully crafted this Act. We've all been determined to ensure that it gives flexibility, particularly in terms of the timetable of implementation; and we've been committed to containing the costs that may be incurred.... Let the shameful wall of exclusion finally come tumbling down.”

__3. What are the law’s provisions?__



The ADA is divided into several parts. These include<span style="FONT-FAMILY: 'Arial','sans-serif'">: 1.  ** Employment (Title I) ** Business 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. Employment aspects may include the application process, hiring, wages, benefits, and all other aspects of employment. Medical examinations are highly regulated. 2. **Public Services (Title II)** Public services, which include state and local government instrumentalities, the National Railroad Passenger Corporation, and other commuter authorities, 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. 3. **Public Accommodations (Title III)** All new construction and modifications must be accessible to individuals with disabilities. For existing facilities, barriers to services must be removed if readily achievable. Public accommodations include facilities such as restaurants, hotels, grocery stores, retail stores, etc., as well as privately owned transportation systems. 4. **Telecommunications (Title IV)** Telecommunications companies offering telephone service to the general public must have telephone relay service to individuals who use telecommunication devices for the deaf (TTYs) or similar devices. 5. **Miscellaneous (Title V)** 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. The ADA's protection applies primarily, but not exclusively, to "disabled" individuals. An individual is "disabled" if he or she meets at least any one of the following tests: <span style="COLOR: black; FONT-FAMILY: Symbol; mso-fareast-font-family: Symbol; mso-bidi-font-family: Symbol"> ·   He or she has a physical or mental impairment that substantially limits one or more of his/her major life activities; <span style="COLOR: black; FONT-FAMILY: Symbol; mso-fareast-font-family: Symbol; mso-bidi-font-family: Symbol"> ·  He or she has a record of such an impairment <span style="COLOR: black; FONT-FAMILY: Symbol; mso-fareast-font-family: Symbol; mso-bidi-font-family: Symbol"> ·  He or she is regarded as having such an impairment. __4. What are the law’s implications for public schools?__



What does this law mean for public schools? Under Section 504 and Title II of the ADA, schools must provide:

Section 504 and Title II of the ADA are broad civil rights statutes designed to promote equal access to and participation in programs and services. The regulations implementing these laws require that students with disabilities receive benefits and services comparable to those given their nondisabled peers. Specifically, these laws make it illegal for schools to discriminate on the basis of disability by: * denying a student the opportunity to participate in or benefit from a benefit or service,
 * 1. Comparable Benefits and Services **


 * providing an opportunity to participate or benefit that is unequal to that provided others,


 * providing a benefit or service that is not as effective as that provided to others,


 * providing lower quality benefits, services or programs than those provided others, or


 * providing different or separate benefits or services, unless it is necessary to provide benefits or services that are as effective as those provided to others.

For benefits or services provided to be "equally effective," they must afford students with disabilities an equal opportunity to obtain the same result, gain the same benefit, or reach the same level of achievement as other students. The Section 504 regulations require that school systems receiving federal funds provide a free appropriate public education to children with disabilities in accordance with the Section 504 requirements regarding least restrictive setting, evaluation and placement, and procedural safeguards. FAPE under Section 504 means that the education provided to students with disabilities must meet those students' needs as adequately as the needs of nondisabled students are met. It is illegal under the Section 504 and ADA regulations for school systems to use policies and practices that, intentionally or not, result in discrimination. 4 The regulations for both Section 504 and ADA use the term "criteria and methods of administration." "Criteria" are written or formal policies; "methods of administration" are the school system's actual practices and procedures. The ban on discriminatory policies, practices, and procedures includes those that:
 * 2. Criteria and Methods of Administration **
 * have the effect of discriminating against students with disabilities, or
 * have the effect of defeating or impairing accomplishment of the objectives of the education program (or school reform initiative) in regard to students with disabilities.

In meeting the responsibilities to students with disabilities under Section 504 and Title II of the ADA, school systems must make accommodations and modifications to address the needs of students with disabilities. 5 Making accommodations and modifications means changing the way things are usually done in order to take into account a child's disability-related needs. Examples of accommodations and modifications include modifying rules, policies or practices; removing architectural or communication barriers; or providing aids, services, or assistive technology. Under Section 504, children with disabilities must be educated with their nondisabled peers "to the maximum extent appropriate," and "removal . . . from the regular educational environment" occurs "only when the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily." The ADA regulations similarly provide that a public entity, such as a school system, "shall administer services, programs, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities. Schools have the burden of demonstrating that any removal from regular education is appropriate.
 * 3. Reasonable Accommodations **
 * 4. Maximum Feasible Integration **

__5. Annotated list of resources__

1. <span style="FONT-FAMILY: 'Arial','sans-serif'">“ Americans with Disabilities Act” http://en.wikipedia.org/wiki/Americans_with_Disabilities_Act_of_1990 This website gives a detailed, easy-to-understand guide to the ADA. There are searchable links, relevant content categories, and a list of relevant links to other sites that are helpful to use to learn about the ADA. Wikipedia is also known for its varied contributors, so reading through this site to understand the ADA would be very helpful to gain insight from many people and also find sites to learn more details and specific regulations under the law.

2. “ADA Home Page” http://www.justice.gov/crt/ada/adahom1.htm This page is the official U.S. government page that has information about the ADA for many facets of life. There is a question and answer section for the general public, regulations for Title II and Title III, links to other government pages about other disability laws, and a guide for local governments to about how to prepare an emergency shelter. This site also has specific guidelines about what the ADA entails regarding employment, healthcare, education, housing, and public transportation. It is a very comprehensive site that answers many questions people have about the ADA and how to comply with it.

3. “Job Accommodation Network” http://www.jan.wvu.edu/links/adasummary.htm This website has detailed provisions under five different categories for the ADA. It specifies what is actually considered a disability under all five categories and notes what types of employers or services need to abide by these provisions. This site would be helpful for someone who understands what the Americans with Disabilities Act is and what it is for, but want to learn more about the specific actions that need to take place in areas like employment, public services, public accommodations, or telecommunications. Finally, this site recognizes the protection of people who are close to a disabled individual such as parents or guardians.

4. “U.S. Department of Labor” http://www.dol.gov/esa/regs/statutes/ofccp/ada.htm This site provides the entire ADA document, with searchable topics and quick answers to general questions. This website also offers background information about why the ADA was created, and gives statistics about how many people in the United States are disabled and what hardships they have faced. This site is useful because it was created by the Department of Labor to specifically show how tough it can be for people with disabilities without these provisions. The site also has relevant information regarding locations of organizations to help with ADA regulations and a list of specific organizations for people to contact for assistance regarding anything in the ADA.

5. “Section 504, The Americans with Disabilities Act, and Education Reform” http://www.wrightslaw.com/info/section504.ada.peer.htm This website specifically deals with many of the educational implications of the ADA. The site is written in terms the typical person can understand, and it offers a very detailed listing of how students with disabilities should be dealt with in schools to maximize their potential. Another notable part of this website is that it directly links the ADA to a school’s accountability and curricular standards. This site would be useful for parents and teachers to read through carefully to know exactly what their rights and responsibilities are under this law.

6. “ADA Accessibility Guidelines for Buildings and Facilities” http://www.access-board.gov/adaag/html/adaag.htm This site is quite interesting because it contains a long list of specific places where certain guidelines under the ADA are present. The list includes accommodations that need to be made for things such as parking lots, ramps, stairs, elevators, restroom, and telephones. These guidelines would be especially helpful or employers or schools to know because they are common parts of almost all public buildings. If a school or employer is not familiar with what kinds of general accommodations someone with a disability needs to functions normally, this site would help them put together an environment that is most comfortable and helpful for those with disabilities.

7. “U.S. Department of Education” http://www.ed.gov/about/offices/list/ocr/docs/hq9805.html This website is particularly useful for school officials, teachers, and the general public to learn more about what they can (and should) do for those who have disabilities. Not only does this site list ways that employers or public spaces can make sure they are complying with the law, but it also lists transportation system accommodations that are not usually considered when figuring out how to best fit the needs of people with disabilities. Another very useful part of this website is that it discusses how to file complaints to the government if treatment of people with disabilities does not comply with the law. One other very helpful part of this site is that the information can be ordered from it in Braille, large print, or audio tape.

8. “United States Department of Health and Human Services” http://www.hhs.gov/ocr/ada.html This website is somewhat similar to other websites that contain an overview of the ADA and many of its specific provisions. However, this site additionally has lists of what public entities MUST do and MUST NOT do according to the law. These lists would be <span style="FONT-FAMILY: 'Verdana','sans-serif'">beneficial to look at because they have information that the other sites do not; this extra information is actually quite important and is necessary to know for anyone working with people with disabilities in any public place. One other relevant and beneficial feature of this site is that it provides contact information to send questions, complaints, or more information.

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