EDS 513: Legal Issues

in Special Education

The Americans
with Disabilities Act
2005
 Introduction to the
Presentation
Prior to beginning this presentation,
you should have read Chapter 7 of
Yell’s (2006) The Law and Special
Education, 2nd Edition

Upon completion of this presentation,

you should be able to summarize the
implications of the ADA in terms of
students with disabilities
 Purpose of the ADA

Extends protection to persons with

disabilities against discrimination in the
private sector and in state and local
government

Assures equality of opportunity, full

participation, independent living, and
economic self-sufficiency to persons
with disabilities
 Protection Under
the ADA
Protects individuals defined as disabled
through Section 504:
 Physical or mental impairment that
substantially impacts on one or more major
life activities
 Record of such impairment
 Regarded as having such an impairment
 Protection Under
the ADA
Does not include:
 Infectious disease that presents “direct
threat”
 Environmental, cultural, or economic
disadvantages
 Age, pregnancy, or obesity
 Gender identity disorders, sexual
behavior disorders, or compulsive
gambling disorders
 Disorders that result from the current
use of illegal drugs
 Title I: Employment

Applies to:
 Employers with more than 15 employees
(excluding federal government and private
clubs)
 Schools that have more than 50 employees
 Employment agencies, labor organizations
and labor-management committees
 Qualified persons with a disability that are
able to perform the essential functions of a
job with or without reasonable
accommodations
 Title I: Employment

Requires modification that will allow an

individual with disabilities to perform a
specific job, including:
 Making existing facilities accessible
 Job restructuring/reassignment
 Reduced/modified work schedules
 Assistive devices
 Modification of materials/policies
 Readers or interpreters
 Title I: Employment

To determine reasonable
accommodations, consider:
 Purpose and essential functions of job
 Job-related limitations imposed by disability
 Effectiveness of potential accommodations
 Preference of individual with disability
 Nature and cost of the accommodations
 Financial resources of the covered entity
 Title I Enforcement

Enforced by the Equal Employment

Opportunity Commission (EEOC)

Claims must be filed within 180 days of

the discriminating action

Complainant can bring a private lawsuit

Compensatory and punitive damages

may be awarded
 Title II:
Public Services
Public entities:
 Use public funds to operate
 Have employees who are considered
government employees
 Receive property or equipment from the
government
 Are governed by an independent or elected
board
 Title II:
Public Services
Protects against discrimination in
public transportation
 Includes rail or bus services
 Excludes air travel
 Includes intercity or commuter rail
services
 Excludes public school
transportation
 Title II Enforcement

Enforced by the Department of Justice

Complaints must be filed within 180 days

of the discrimination

Complainant can bring a private lawsuit

Only actual damages may be sought

 Title III: Public
Accommodations
Applies to:
 Hotels and motels
 Bars and restaurants
 Theaters and museums
 Stores and shopping centers
 Hospitals and professional offices
 Amusement parks and zoos
 Nurseries and private schools
 Day care centers and homeless shelters
 Gyms and health clubs
 Title III: Public
Accommodations
Privately operated public transportation
is covered
 Shuttle services
 Student transportation systems
 Within a recreational facility

Private clubs, private residences, and

religious entities are exempt
 Title III: Public
Accommodations
Provision of effective communication
 May include auxiliary/assistive aids/services
 Personal devices/services not required

Removal of existing architectural and

structural barriers
 Install ramps, curb cuts, grab bars
 Reposition shelves, telephones, furniture
Compliance in new construction and building
alterations
Removal of Barriers:
• Requires the removal of architectural barriers or physical
barriers of any kind when such removal is readily
achievable, i.e. easily accomplishable and without much
difficulty or expense
• Substantial detail in regulations, including examples of
readily achievable, modest measures which should be
taken:
• a. installing ramps, curb cuts, repositioning shelves,
repositioning telephones, widening doors, eliminating
turnstiles, rearranging toilets, removing high pile, low
density carpet, installing vehicle hand controls
 Title III
Enforcement
Enforced by Department of Justice and
Department of Transportation

Court may award injunctive relief

No punitive damages available

 Title IV:
Telecommunications
Phone companies are required to provide
telecommunication access for persons with
hearing and speech disabilities
 System of relay services

Television stations are required to provide

close-captioning for public service
announcements
 Not required for television program
 Title IV Enforcement

Enforced by the Federal Communications

Commission (FCC)
 Title V:
Miscellaneous
Allows states to be sued under the ADA

Permits payment of attorney/expert witness fees

Prohibits coercion and retaliation

Does not invalidate laws that provide greater

protection

Encourages alternative methods of resolutions

 School Districts
Responsibilities
Identify an ADA coordinator (if more than
50 employees)
 Coordinate ADA compliance activities
 Inform and involve the community
 Coordinate self-evaluation and transition plan
 Establish a grievance plan
 Provide in-service training on ADA
 Investigate complaints
 School Districts
Responsibilities
Complete a self-evaluation
 Areas not covered by Section 504 self-
evaluation
 Include all interested persons and
organizations
 Available for public review for 3 years

Develop a transition plan if deficiencies

identified
Identifies accessibility problems
Describe methods to alleviate problems