TYPE/PURPOSE
A civil rights law to prohibit discrimination solely on the basis
of disability in employment, public services, and public accommodations,
commercial facilities, and transportation. It also mandates the
establishment
of TDD/telephone relay services.
WHO IS PROTECTED
Any individual with a disability who: (1) has a physical or mental
impairment that substantially limits one or more life activities;
or (2) has a record of such an impairment; or (3) is regarded as having
such an impairment. Further, the person must be qualified for the
program, service, or job.
RESPONSIBILITY TO PROVIDE A FREE, APPROPRIATE PUBLIC
EDUCATION (FAPE)
ADA protections apply to nonsectarian private schools, but not to
organizations or entities controlled by religious organizations. ADA
provides additional protection in combination with actions brought
under Section 504 and IDEA. Reasonable accommodations are required
for eligible students with a disability to perform essential functions
of the job. This applies to any part of the special education program
that may be community-based and involve job training/placement.
FUNDING TO IMPLEMENT REQUIREMENTS
Limited tax credits may be available for removing architectural or
transportation barriers. Also, many federal agencies provide grant
funds to support training and to provide technical assistance to public
and private institutions.
PROCEDURAL SAFEGUARDS
The ADA does not specify procedural safeguards related to special
education; it does detail the administrative requirements, complaint
procedures, and the consequences for noncompliance, related to both
services and employment.
EVALUATION/PLACEMENT PROCEDURES
The ADA does not specify evaluation and placement procedures; it does
specify provision of reasonable accommodations for eligible students
across educational activities and settings. Reasonable accommodations
may include, but are not limited to, redesigning equipment, assigning
aides, providing written communication in alternative formats, modifying
tests, redesigning services to accessible locations, altering existing
facilities, and building new facilities.
DUE PROCESS
The ADA does not delineate specific due process procedures. People
with disabilities have the same remedies that are available under
Title VII of the Civil Rights Act of 1964, as amended in 1991.
Thus,
individuals who are discriminated against may file a complaint with
the relevant federal agency or sue in federal court. Enforcement
agencies
encourage informal mediation and voluntary compliance.
Source
document: Kelly Henderson, ERIC Clearinghouse on Disabilities
and Gifted Education,
Reston, VA. ED389142 June 1995, Overview of ADA, IDEA, and Section
504. ERIC Digest E537
