Disability Law

The term dwelling in the FHAA can best be defined as

"any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families and any vacant land which is offered for sale or lease for the construction or location thereon of [a future dwelling]."

Section 503 requires every contract of _________________ with the Federal Government to include a provision that requires the contracting party to not discriminate against disabled individuals.

$10,000 or more

The US Supreme Court found that states waive _______ Amendment immunity if they accept federal funds.

11th

An employer must have at least _____________ employees to be governed by the ADA.

15

Fill in the blank. In 2017, the percentage of Disabled Americans who had NOT received their high school diploma was almost ______ %.

20

Special rules apply to multi-family dwelling regarding the disabled. The law defines a multi-family dwelling as a building consisting of _______ units.

4 or more.

Section ________ of the Rehabilitation Act promotes the hiring of the disabled in the federal sector.

501

Section _________ of the Rehabilitation Act is almost akin to the Disabled Americans Declaration of Independence.

504

Section __________ of the Rehabilitation Act works in conjunction with the ABA to provide additional assistance to disabled Americans attempting to navigate their world. As it requires accessibility for all federally mandated programs, necessarily this would mean that disabled individuals need access to the buildings that house these programs.

504

Access to electronic information is governed by Section _________ of the Rehabilitation Act

508

A condition is considered minor in nature if it lasts

6 months in duration or less.

Despite the stay-put provision schools may engage in the following methods of discipline of emotionally disabled children except

A 30 day suspension from their program.

The Federal Law that is known as "a clear and comprehensive national mandate for the elimination of discrimination" against the disabled is the

ADAA

Based on the test for a disability any party trying to invoke protections under a federal disability law must first prove the answer is yes to which one of the following questions first before moving forward:

All of these. Does the person's condition constitute a mental or physical impairment? Does the impairment impact one or more major life activities? Does the impairment substantially limit the major life activity?

A commercial facility under Title III of the ADA can best be defined as

All of these. not railroad cars not expressly covered by the FHA intended for a nonresidential use by a private entity

The _________________________________ created a barrier free world for the disabled.

Architectural Barriers Act (ABA)

Federal law defines a major life activity as activities that involve

Both of these caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

In making a determination if someone is a "qualified individual," it is important to consider

Both of these. does the individual have the ability to perform the essential functions of the position with or without a reasonable accommodation does the individual have the requisite skill, experience, education, and other job related requirements of the position

Entities can prohibit disabled individuals from participating in services or programs when it would be a danger to others to do so. The disabled individual must pose a _________________.

Direct Threat

Section 504 prohibits discrimination in any program run by what branch of the government?

Executive

True or False: An IDEA only applies to students who receive a state funded public education.

False

True or False: In determining if someone is a "qualified individual" a determination should be made based upon how a disability could affect job performance in the future.

False

True or False: Noncompliance with the IDEA automatically means noncompliance with 504.

False

True or False: The definition of a public accommodation is typically dependent on the size of the venue or the number of employees found there.

False

True or False: The fifteen employee threshold applies to private entities and state and local governments.

False

True or False: There is an exception to TSA screening regulations which prevents certain disabled individuals from going through security scanners.

False

Before the creation of the ADA, all of the following governed transportation in the US except

Federal Railroad Transportation Act

All of the following are suggested accommodations by the Department of Education when assisting disabled students access to college programs except

Financial assistance in the forms of grants and subdies should be set aside to promote disabled individuals' attendance at the university level.

The case of Olmstead v. L.C., 527 U.S. 581 (1999) provided guidance on which term?

Integrated Setting

Which part of the IDEA deals directly with infants and toddlers with disabilities?

Part C

Transportation services provided to a child to go back and forth from school can best be defined as an example of a/an

Related Service.

Section 508 of the Rehabilitation Act

Requires that government agencies must give individuals with disabilities access to information technology that is comparable to the access available to others

All of the following are laws in the public domain that act to protect disabled Americans from discrimination in employment except:

Section 508 of the Rehabilitation Act

The most likely reason that punitive damages are not awarded in 504 cases is based on the concept of

Sovereign Immunity

Section 504 is policed by which federal agency?

The Department of Health and Human Services (DHHS)

All of the following are agencies affected by the ABA to make rules and standards regarding the design, construction, and alteration of federally owned, leased, or financed buildings to guarantee physical access for disabled Americans except

The Department of National Parks

All of the following are factors in the Hybrid Test for LRE except:

The effect of full time placement in a "regular" class on the child's parents.

Which is not true about the stay put provision?

The only exception to this rule is a twenty day suspension for students who violate school rules for disciplinary issues.

All of the following information must be included in an IEP except

The parent's consent to services

How does a non-disabled individual's discomfort affect their ability to interact with disabled individuals?

This aversion can result in an inability to connect with a person and prevent better understanding of the issues facing this population.

True or False: A federal agency must know that a person has a disability first before they can be found to have discriminated based solely on disability.

True

True or False: A religious school never has to provide accommodations to the public even if they provide services to the public.

True

True or False: Air carriers may impose the requirement that a disabled person have an individual airline employee accompany them during their flight for mentally disabled passengers.

True

True or False: An accommodation is inappropriate if it undermines the purpose of a collective bargaining agreement.

True

True or False: Courts have even expanded the definition of a public accommodation to include virtual sites such as Amazon or Ebay.

True

True or False: Federal contractors can seek a waiver to not comply with Section 503 of the Rehabilitation Act.

True

True or False: Fraternities and sororities housed in state schools are required to comply with Section 504 in how they interact with disabled members.

True

True or False: If a US employer controls a corporation whose place of incorporation is outside the US, the ADA still applies.

True

True or False: If a landlord is covered under the FHAA it is illegal for them to not install a handicap ramp on a residential property if it is considered a reasonable accommodation under the law.

True

True or False: In passing the ADAAA Congress intended that the term disability include those individuals who had been misclassified with an impairment.

True

True or False: Parents may use private insurance benefits to pay for related services provided under an IEP.

True

True or False: The ABA only applies to federally owned, leased, or financed buildings.

True

True or False: The State of Georgia must recognize the State of Florida's finding that an individual qualifies for disabled parking privileges.

True

Section 504 specifically names which federal agency in prohibiting discrimination:

U.S. Postal Service

For purposes of disability a parent can be defined as all of the following except:

a child over the age of 18.

A reasonable accommodation can best be defined as

a modification or adjustment to the job application process, to work environment, or to the manner or circumstances under which the job is performed or a modification or adjustment that allows a disabled employee to enjoy the same benefits and privileges enjoyed by non-disabled employees so long as such modification or adjustment does not impose an undue hardship on the employer's business.

How does federal law define a physical impact in disability law?

a physical impairment as any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of stautorily listed body systems.

Often courts will apply a "but for" test to determine if discrimination has occurred based solely on disability. The but for test can best be described as

a violation occurs if the entity would have acted differently "but for" the individual's disability.

All of the following are core prinipals the Department of Education has established to avoid discrimination except

agreement with standarized testing.

Part 1 of Division B of Title II of the ADA covers any conveyance except

air travel

Title II of the ADA applies specifically to state and local governments as employers. The statute defines this term as:

all of these are correct agencies instrumentalities of any state or local government special purpose districts

If there is a question of the appropriateness of a child's education versus the education occurring in the least restrictive environment, then

an LRE does not take precedent over the overall appropriateness of the child's education.

Whether a person is a qualified individual for a job is best determined by

an employer

The safety defense can best be described as

an individual with a disability is not qualified for a job if his or her presence in the position could pose and danger to themselves or others.

The term integrated setting can best be defined as

an option that disabled individuals must be provided services that are as close as possible to the one experienced by the non-disabled.

Federal law defines a mental impairment as

any mental or psychological disorder, such as an intellectual disability, organic brain syndrome, or mental illness, and specific learning disabilities.

In determining if a major life activity is affected, a court should consider all of the following factors except:

can technology assist the disabled indivudal.

The case of United States Department of Transportation v. Paralyzed Veterans of America, 477 U.S. 597 (1986) created the precedent that

commercial airlines do not receive financial assistance from the federal government and are not bound by Section 504 of the Rehabilitation Act.

Part 2 of Division B of the ADA specifically deals with

commuter rail services

According to the module, unlike disparaging treatment based on race or gender, discrimination against the disabled is different because the disabled are different because of

either a physical or mental impairment that causes the person to interact with their world differently.

The term FAPE stands for

free appropriate public education

All of the following are requirements of a valid consent for IEP testing except

if possible the child understands and agrees in writing to the testing.

All of the following are proof that Step 1 of the Rowley test was not met except

ignoring recommendations made by the child's regular teacher.

All of the following are examples of receiving federal assistance under 504 except

in kind gifts

All of the following are factors that must be considered in determining whether a person's impairment substantially limits a major life activity except:

its affect on limiting a person from finding gainful employment

"Essential functions" of a job can best be defined as

job tasks that are fundamental and not marginal.

Deliberate indifference required for monetary relief for discrimination claims under 504 can best be defined as:

knowledge that an action is substantially likely to harm a federally-protected right and failure to act upon that likelihood.

The ADA uses the same definition for disability that the Rehabilitation Act does. However, it adds one additional step. Under the ADA a claimant must also prove that she is

otherwise qualified for the job.

All of the following are examples of reasonable accommodations except:

personal items for an employee such as eyeglasses or a wheelchair

The mandates of Section III of the Americans With Disabilities Act (ADA) focus on

private entities that operate places that provide public accommodations.

The Department of Housing and Urban Development (HUD)'s role in protecting the disabled can best be defined as

prohibiting discrimination against disabled Americans by any person in the business of selling or renting dwellings.

Section 504 of the Rehabilitation Act

prohibits discrimination against qualified individuals with disabilities by any program or activity receiving federal financial assistance or by any program or activity conducted by a federal executive agency or the U.S. Postal Service.

Section 503 of the Rehabilitation Act

prohibits employers with federal contracts (or subcontracts) from discriminating against applicants and employees with disabilities and requires affirmative steps to hire, retain and promote qualified individuals with disabilities.

Section 501 of Rehabilitation Act

prohibits employment discrimination against qualified individuals with disabilities in the federal sector.

Unlike other laws dealing with the disabled and education Section 504 of the Rehabilitation Act also

provides services for children to be transported to and from school.

The second prong of the Rowley test focuses on whether the IEP is ___________________ calculated to provide educational benefits.

reasonably

All of the following would be considered "covered entities" under Title I of the ADA except

religious organizations

In 2008 the Federal Government amended the ADA to provide guidance for schools to follow to comply with the law. All of the following are suggestions that the government provided except:

set aside enough budgetary funds to support disbaled programs.

Private Schools who receive federal funding comply with Section 504 of the Rehabilitation Act by

simply refraining from discrimination based on disability.

"Other job related requirements" can best be defined as

soft skills beyond education, skill, and experience.

The mandates of Section II of the Americans With Disabilities Act (ADA) focus on

state and local governments

The first major piece of legislation out of the Federal Government to address discrimination of the disabled was

the Rehabilitation Act

The zero reject principal can best be described as

the belief that all children no matter how severe the disability are entitled to a FAPE.

When litigating in court whether an accommodation is reasonable

the disabled person presents evidence that the requested accommodation is reasonable, then it falls on the entity to present evidence that the modification is an undue burden or fundamentally changes the nature of the program or service.

In determining what an essential function of a job is all of the following are important except

the employee's expectation

The ADA applies to all of the following entities except

the federal government

All of the following are factors to consider in determining what essential functions of a job are except

the number of employees it takes to perform the task appropriately

Under the 14th Amendment to the US Constitution, discrimination of the disabled must meet

the rational basis test.

All of the following are responsibilities of the Architectural and Transportation Barriers Compliance Board except

to award grants to study innovative ways to create a barrier free world for the disabled

Fill in the blank. If you are disabled, you are over _____________ as likely to need someone to financially support you.

twice