Legal Aspects of Special Education and Social Foundations

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Legal Aspects of Special Education and Social
Foundations

• The Americans with Disabilities Act (ADA)
• 9-15-05

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Pre-Test

• ADA Quiz

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ADA

• Mandates protection for persons with disabilities
  against discrimination in public and private
  sector
• Employment and public services
• Reinforces Section 504
• Federally funded programs
• Private employers

Go to ADA Quicktime Video http//www.usdoj.gov/crt
/ada/videogallery.htmADAsigningDSLcaptioned
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Impact on Public Education

• ADA does not add to rights of students
• It extends reach of section 504
• Areas affected
• Employment
• Nondiscrimination
• Communications
• Program accessibility

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Purpose of the ADA

• 53 million Americans with disabilities in 1990
• Discrimination
• Employment
• Housing
• Public accommodations
• Education
• Transportation
• Communication
• Recreation
• Institutionalization
• Health services
• Voting
• Access to public services

http//www.usdoj.gov/crt/ada/videogallery.htmADAs
igningDSLcaptioned
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Discriminatory Practices

• Ability to participate
• Unequal benefit
• Equal but different or separate
• Exclusion by eligibility determinations
• Segregation

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Purpose of the Law

• National mandate against discrimination
• Enforce standards addressing discrimination
• Federal government involvement
• Power to enforce the 14th Amendment and regulate
  commerce

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Protected Class

• Physical or mental impairment that substantially
  limits one or more life activities
• Records of impairment
• Being regard as having impairment

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Exclusions

• Physical characteristics
• Environmental factors
• Cultural factors
• Economic conditions
• Other disadvantages
• Age
• Acute conditions
• Pregnancy
• Obesity

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Video

• Write down your thoughts regarding equal
  opportunity and discrimination.
• What kind of emotional responses did you
  experience?
• How does the ADA support persons with
  disabilities?
• How far does this support extend?
• Who is responsible to assure the rights of
  persons with disabilities under the ADA?

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Five Sections

• Title I - Employment
• Title II - Public services
• Title III - Public accommodations and services
  operated by private entities
• Title IV - Telecommunications
• Title V - Miscellaneous provisions

See Accessibility Checklist
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Title I

• Covered entities - employers, employment
  agencies, labor organizations, and
  labor-management committees
• Non-covered entities - U.S. government and
  private membership clubs
• Covered entity
• Potential employee who meets pre-requisites of
  the job
• Potential employee who is capable to complete the
  duties of the job

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Accommodations

• Reasonable - modification that removes barriers
  and allows person to do job
• Consult with potential employee
• Excludes accommodations that cause undue
  hardship
• Nature and cost
• Number of employees
• Effect on expenses
• Financial resources
• Number, type and location of facilities
• Type of operation

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Discrimination

• Limiting or classifying applicants
• Participating in contractural arrangements
• Following administrative procedures that
  discriminate
• Not making reasonable accommodations
• Not affirmative action mandate

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Title II

• Subtitle A - state and local governments
• Subtitle B - public transportation
• Public entities
• Uses public funds
• Government employees
• Assistance from the government
• Governed by an independent or elected board

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Discrimination

• Qualified person denied services programs or
  activities of public entities
• Excludes public school transportation

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Title III

• Public accommodations operated by a private
  entity
• Privately owned businesses
• Facilities open to the public
• Commercial facilities
• Exemptions
• Private residences
• Private clubs
• Religious entities
• Public entities

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Discrimination

• Eligibility criteria to screen out
• Failure to make reasonable accommodations
• Failure to remove barriers

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Title IV

• Amends Communication Act of 1934
• Requires appropriate agencies to provide services
  for persons with hearing and speech disabilities
  in telecommunications and televised public
  service announcements
• Relay services
• Close captioning

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Title V

• States unless specifically stated by law
• Awarding fees
• Retaliation and coercion
• No limit of rights
• No lesser right than section 504
• Encouragement of alternative dispute resolution
• Accessibility guidelines

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Public Education

• ADA officer
• Self-evaluation
• Transition plans
• Keep self-evaluations
• Notice of services
• Identify protected class
• Coverage of employees with disabilities
• Ensure new construction is readily accessible

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Review

• http//www.conillinst.org/ada_quiz.htm