1 / 10

ADA, 504, IDEA ADA Coverage

ADA, 504, IDEA ADA Coverage. ADA, 504 and IDEA. Why does a Rehabilitation Counselor need to understand the ADA? What level of knowledge? CR text Chapter 16 Does the ADA supersede 504? How do the civil rights protections in IDEA overlap with ADA? How much should a RC know?.

dalton-gaines
Download Presentation

ADA, 504, IDEA ADA Coverage

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. ADA, 504, IDEA ADA Coverage Cathy Chambless, Utah State University

  2. ADA, 504 and IDEA • Why does a Rehabilitation Counselor need to understand the ADA? • What level of knowledge? • CR text Chapter 16 • Does the ADA supersede 504? • How do the civil rights protections in IDEA overlap with ADA? • How much should a RC know? Cathy Chambless, Utah State University

  3. Defining disability under ADA • Congress chose a 3 pronged approach: • Individual must have physical or mental impairment that substantially limits a major life activity • have a record of such impairment, or • Be regarded as having such an impairment. Cathy Chambless, Utah State University

  4. Ongoing shaping of law by courts • E.G., “Substantial limitations” • Supreme Court has ruled that condition must be evaluated in its “mitigated state” i.e., with medication, eyeglasses, etc. • “most integrated setting appropriate” • Olmstead v. L.C. decision Cathy Chambless, Utah State University

  5. ADA Coverage • Employment (Title I) • Includes private and public employers • Who employ 15 or more employees • Defines disability as “qualified person with a disability” • Person must be able to perform “essential functions of the job with or without reasonable accommodations.” • Reasonable means no “undue hardship.” Cathy Chambless, Utah State University

  6. ADA Coverage • Title II – Government services, programs • Required to make programs accessible as a whole when viewed in their entirety. • E.G., a court house does not need to make every courtroom accessible as long as it makes one accessible. Cathy Chambless, Utah State University

  7. ADA Coverage • Public Schools and higher education • Covered under Title II for programs, buildings, entrance requirements, testing, academic standards • Courts have given great deference to educational institutions in defining their programs and setting entrance standards • IDEA (Ind. W. Disab. Education Act) also covers educational needs Cathy Chambless, Utah State University

  8. ADA Coverage • Public accommodations (private sector) • Title III • 12 categories: lodging, restaurants, entertainment, transportation terminals, sports venues, etc. • Affirmative duty to remove architectural barriers when they are “readily achievable” Cathy Chambless, Utah State University

  9. Title IV: Telecommunications • Telephone carriers must provide relay services • Title V: Miscellaneous • Exclusions: behavior or conditions related to sex and/or crimes • Person currently “engaging in illegal use of drugs” is not covered • Alcoholism may be a disability, but person not protected If unacceptable behavior attributed to alcohol. Cathy Chambless, Utah State University

  10. A word about ADA enforcement • Title I claims – through administrative agency • State employment anti-discrimination agency • Federal Equal Employment Opportunity Commission • Titles II–V – through U.S. Dept of Justice • Individual advocacy is key Cathy Chambless, Utah State University

More Related