ADA, IDEA, Rehabilitation Act, Vocational Rehabilitation Act - GKG

Rehabilitation Act, define

- 1973, requires access to programs and activities and prohibits discrimination on the basis of disability that are funded by Federal agencies and to Federal employment.

Rules on Applying the Definition Have Changed

- An impairment need not prevent, or significantly or severely restrict, performance of a major life activity to be "substantially limiting." - Disability "shall be construed in favor of broad coverage" - An individual's ability to perform a major life activity is compared to "most people in the general population," often using a common-sense analysis without scientific or medical evidence. - Major life activities clarified and expanded

Readily Achievable

- Businesses must remove barriers when it is "Readily Achievable" - "Readily achievable" means "easily accomplished without much difficulty or expense." The obligation for barrier removal is ongoing, which means a business must continue to evaluate existing barriers to determine if the barrier removal is readily achievable. In order to identify barriers in a facility, a business or non-profit should conduct an accessibility evaluation.

Definition of Disability

- Has a physical or mental impairment that substantially limits one or more major life activities; - Has a record of such an impairment; - For example: a history of cancer, heart disease or mental illness - Is regarded as having such an impairment. - For example: having high blood pressure An individual must meet only one part of the definition (not all three parts)

Disability Numbers

- One out of five adults with disabilities has not graduated from high school, compared to less than one of ten adults without disabilities. - In 1997, over 33 percent of adults with disabilities lived in a household with an annual income of less than $15,000, compared to only 12 percent of those without disabilities. - Unemployment rates for working-age adults with disabilities have hovered at the 70 percent level for at least the past 12 years, while rates are significantly lower for working-age adults without disabilities.

IDEA Eligibility Process

- Referral and Evaluation; - Procedural Safeguards Notice; - Full and Individual Evaluation; - IEP Team Meeting

Who Is Exempt?

- Religious Organizations - Private Clubs -Unless they have a section operating for public purposes

Title I Employment

- Title I Covers: Employment (all Title II employers and private employers with 15 or more employees) - Title I of the ADA prohibits discrimination in employment against people with disabilities. - It requires employers to make reasonable accommodations to the known physical or mental limitations of a qualified applicant or employee, unless such accommodation would impose an undue hardship on the employer. - One must be able to perform the essential functions of the job, with or without reasonable accommodation.

Qualified Person with a Disability

- Under the ADA, a qualified person with a disability is someone who meets the essential eligibility requirements with or without reasonable modifications, auxiliary aids and services, or removal of barriers. - New-ADAAA Congress emphasized that the legislative purpose was to assure broad construction of what constitutes a qualified disability

Rehabilitation Act of 1973

1973 - the first federal law to prohibit discrimination against people with disabilities

Individuals with Disabilities Education Act (IDEA)

1975 - establishing the rights of students with disabilities to a free, appropriate public education in the most integrated setting possible

Major Life Activity and Substantial Limitation

A major life activity is an activity that most people in the general population can perform with little or no difficulty. i.e. caring for oneself, performing manual tasks, seeing, hearing Three factors to consider in determining whether a person's impairment substantially limits a major life activity are: - Nature and severity of the impairment - Duration or expected duration of the impairment - Permanent, long term, or expected impact from the impairment

Response to Intervention (RTI) Plan

A multi-tier approach to the early identification and support of students with learning and behavior needs

Behavioral Intervention Plan (BIP)

A plan set in place for students who: has behavior that impede their learning or that of others; who put their peers at risk because of their behavior; students with disabilities where serious disciplinary action has been taken.

What is a reasonable accommodation?

A reasonable accommodation is any kind of modification or adjustment to a job or to the work environment that makes it possible for a qualified applicant or employee with a disability to either participate in the job application process, enjoy equal benefits and privileges of employment, or to perform essential job functions.

Most restrictive environment (MRE)

A specialized classroom or office or home setting where a special education student is to be educated. Usually students feel different in this environment

504

A student that has a physical or mental impairment that substantially limits major life activities, has a record of this impairment, and is regarded as having this impairment. This can include: issues with breathing, walking, seeing, hearing, and learning

Section 503

All federal contractors ($2500+) shall take affirmative action.

AEP

Alternative Education Placement

What legislation arose from the Rehab Act?

American Disabilities Act

What Is Covered under Title I

Applying for a job Compensation Hiring Firing Promotions Training Recruitment Advertising Layoffs Employee Benefits

Section 502

Architectural and Transportation Barriers and Compliance Board.

AT

Assistive Technology

What does Least Restrictive Environment mean?

Child with disability will be educated to the best ability with regular students

Full and Individual Evaluation questions

Does the student have a disability? And What are the student's educational needs resulting from the disability?

IDEA laws

Each state publishes its own Special Education Rules and Regulations to tell how that state will carry out the IDEA and how school districts are to provide special education and related services. It combines state and federal laws

ESEA

Elementary and Secondary Education Act

Section 501

Employment in the Fed. Gov.

What are the "essential functions" of a job?

Essential functions are the basic job duties. ADA Regulations say that the following things should be taken into consideration when determining whether a jobfunction is essential - The employer's judgment about which functions are essential; - Job descriptions that were written before a job was posted; - The amount of time spent performing the function; - The consequences of not requiring the person to perform the function; - The terms of a collective bargaining agreement; and - The work experience of others who have had, or currently hold, the same or similar positions.

FERPA

Family Education Rights & Privacy Act - Under FERPA records are kept private/confidential.

FAPE

Free and Appropriate Public Education

FBA

Function Behavior Assessment

IEP

Individual Education Plan

IDEA

Individuals with Disabilities Education Act, 1975 - IDEA covers public schools only. - IDEA cover students who are age 3-22, who have a disability. - IDEA says the school must: 1. Find & identify eligible students; 2. Involve parents in decision-making; 3. Evaluate students; 4. Develop IEP for each student; 5. Provide special education & related services; 6. Provide services in the LRE; and 7. Provide processes for resolving parent complaints. - Reformed in 2004

LRE

Least Restrictive Environment

Title III Covered Entities

Malls Hospitals Hotels Recreation Areas Airports Train and Bus Stations Service Animals Pools Auxiliary Aids Sign Language Interpreters Businesses

What is RA Title IV?

National Council on Disability

What is RA Title III?

Professional Development and special projects and demonstrations.

Title III -Public Accommodations

Public Accommodations Include: - Privately-owned entities that affect commerce including sales, rental, and service establishments - Private educational institutions - Recreational facilities; and social service centers. - In providing goods and services, a public accommodation may not use eligibility requirements that exclude or segregate individuals with disabilities, unless the requirements are "necessary" for the operation of the public accommodation.

Section 504: Public Sector

Qualified individuals with disabilities shall not be denied access to, excluded from, or be subjected to any discrimination in any program or activity that receives federal funds or is conducted by an executive agency or the Postal Service.

Section 504: Education

Requires educational institutes to make appropriate academic adjustments and reasonable modifications to policies and practices to allow full participation of disabled students.

Policies and Practices

Requires public accommodations to make reasonable modifications to policies, practices, and procedures, unless those modifications would fundamentally alter the nature of the services provided by the public accommodation. - A physician to treat only burn patients can request a deaf patient to see someone else for a broken limb.

What is RA Title II?

Research and Training

What is RA Title V?

Supported employment.

Referrals are made by

Teacher or Parent

Is Anybody with Impairment Protected

The fact that an impairment exists does not assure the individual that he or she will be protected under the ADA. The impairment also must substantially limit a major life activity

Record of and Regarded as Having Such an Impairment, Record of Such an Impairment

The second part of the ADA definition of disability addresses individuals who have a record of an impairment and protects: People who have a history of a disability, whether or not they currently are substantially limited in a major life activity. People with a history of cancer, heart disease, or other debilitating illness, whose illnesses are either cured, controlled or in remission.

Three Tier Approach

This approach is the RTI plan. - 1st: for most of the student population. The teacher is responsible for preventive measures when it comes to learning and behavior hiccups. If these measures don't work then the student may be moved into tier two, - 2nd: student are assessed more frequently and data is collected either for the academic or behavioral issues or both. If this doesn't work then tier 3 - 3rd: where the student or students may want to be. Here they're assessed all of the time and there is is a small ratio of students to teacher, they get one on one help and less time with instruction.

Regarded as Having Such an Impairment

This part of the definition protects people who are "perceived" as having disabilities from discriminatory decisions based on stereotypes, fears, or misconceptions about disability.

Title II

Title II entities do not need to remove: - Physical barriers, such as stairs, in all existing buildings, as long as they make their programs accessible to individuals who are unable to use an inaccessible existing facility. - Must provide appropriate auxiliary aids to ensure that communications with individuals with hearing, vision, or speech impairments are as effective as communications with others, unless an undue burden or fundamental alteration would result. - May impose safety requirements that are necessary for the safe operation of a Title II program if they are based on actual risks and not on mere speculation, stereotypes, or generalizations about individuals with disabilities.

Title II

Title II of the ADA requires that the services and programs of local and State governments, as well as other non-Federal government agencies, Shall operate their programs so that when viewed in their entirety are readily accessible to and usable by individuals with disabilities.

Title IV - Telecommunications

Title IV requires that telephone companies provide telecommunications relay services that allow individuals with hearing impairments to communicate using a TTY or other non-voice device. Relay services may be accessed by dialing 7-1-1. Title IV also requires that all television public service announcement produced by or funded in whole or in part by the federal government include closed captioning.

Title V - Miscellaneous Provisions

Title V includes information regarding the ADA's relationship with other federal and state laws, including the Rehabilitation Act of 1973, requirements relating to the provision of insurance, construction and design regulations by the U.S. Access Board, prohibition of state immunity, inclusion of Congress as a covered entity under the law, promotion of alternative means of dispute resolution, and establishment of technical assistance resources

What is an "undue hardship"?

Undue hardship is an "action requiring significant difficulty or expense." Looks at factors like: - Nature and cost of the accommodation - Overall financial resources of the employer - Structure of the business - Cost alone is rarely found to be an undue hardship, except possibly for very small employers. - If an accommodation has a significantly negative effect on the business that may be an undue hardship

Guidelines

Usually, a "floor" (minimum, baseline) for regulations and or standards. A statute may say that one agency develops guidelines, and that another agency's regulations or standards have to meet or exceed those guidelines. - The guidelines are not enforceable unless another agency adopts them as regulations. - Other agencies' standards have to be at least as strict as the guidelines For example: - The Access Board develops guidelines for the ADA and ABA standards. - DOJ develops guidelines for other agencies' section 504 regulations (not just accessibility requirements). BUT sometimes the word "guideline" is used to refer to advisory information.

What is RA Title I?

Vocational Rehab Services

Does title II cover employment ?

Yes. Title II prohibits all public entities, regardless of the size of their work force, from discriminating in employment against individuals with disabilities. In addition to title II's employment coverage, title I of the ADA and section 504 of the Rehabilitation Act of 1973 prohibit employment discrimination against individuals with disabilities by certain public entities.

ADA is...

a civil rights law passed in 1990 - 5 titles - case specific It prohibits discrimination on the basis of disability in 1. employment, 2. state and local government programs, 3. public accommodations, 4. commercial facilities, 5. transportation, and telecommunications. passed in 1990 amended by Congress in 2008 - between the time difference, there were 20 cases where 4 narrowed the definition of disability

Evaluation is made by

school

NCLB

title given to the last reauthorization of the 1965 Elementary and Secondary Education Act. Its goal is to ensure that every child in America is able to meet its state's high learning standards. NCLB requirements and standards also apply to special education programs and services.