Adult Education Administrator's Manual

Law and Policy
Federal Laws

American with Disabilities Act (ADA)

Americans With Disabilities Act (ADA), United States Public Health and Welfare Code, Title 42, Chapter 126

Sec. 12101. - Findings and purpose

(a) Findings - The Congress finds that -

(1) some 43,000,000 Americans have one or more physical or mental disabilities, and this number is increasing as the population as a whole is growing older;

(2) historically, society has tended to isolate and segregate individuals with disabilities, and, despite some improvements, such forms of discrimination against individuals with disabilities continue to be a serious and pervasive social problem;

(3) discrimination against individuals with disabilities persists in such critical areas as employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and access to public services;

(4) unlike individuals who have experienced discrimination on the basis of race, color, sex, national origin, religion, or age, individuals who have experienced discrimination on the basis of disability have often had no legal recourse to redress such discrimination;

(5) individuals with disabilities continually encounter various forms of discrimination, including outright intentional exclusion, the discriminatory effects of architectural, transportation, and communication barriers, overprotective rules and policies, failure to make modifications to existing facilities and practices, exclusionary qualification standards and criteria, segregation, and relegation to lesser services, programs, activities, benefits, jobs, or other opportunities;

(6) census data, national polls, and other studies have documented that people with disabilities, as a group, occupy an inferior status in our society, and are severely disadvantaged socially, vocationally, economically, and educationally;

(7) individuals with disabilities are a discrete and insular minority who have been faced with restrictions and limitations, subjected to a history of purposeful unequal treatment, and relegated to a position of political powerlessness in our society, based on characteristics that are beyond the control of such individuals and resulting from stereotypic assumptions not truly indicative of the individual ability of such individuals to participate in, and contribute to, society;

(8)the Nation's proper goals regarding individuals with disabilities are to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for such individuals; and

(9)the continuing existence of unfair and unnecessary discrimination and prejudice denies people with disabilities the opportunity to compete on an equal basis and to pursue those opportunities for which our free society is justifiably famous, and costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductively.

(b) Purpose - It is the purpose of this chapter -

(1) to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities;

(2) to provide clear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities;

(3) to ensure that the Federal Government plays a central role in enforcing the standards established in this chapter on behalf of individuals with disabilities; and

(4) to invoke the sweep of congressional authority, including the power to enforce the fourteenth amendment and to regulate commerce, in order to address the major areas of discrimination faced day-to-day by people with disabilities.

Who is Behind the Americans with Disabilities Act (ADA)

The Americans with the Disabilities Act (ADA) was passed into law in 1990 by the United States Congress. The United States Congress is a body of elected officials from each state across the nation that consists of two chambers: the United States Senate and the United States House of Representatives. Two United States Senators represent each state on the federal level and the number of the U.S. House of Representatives for each state, varies according to the population in each state. Since 1934, the legislative sessions of Congress convene on January 3 of odd-numbered years and adjourn on January 3 of the following odd-numbered year. Names of congressional members from Texas may be found at http://www.capitol.state.tx.us/.

Legislation Regarding Adults with Disabilities

The Rehabilitation Act of 1973 as amended in 1978, 1986, 1992 and 1998 provides that no otherwise qualified individual with a disability shall, solely by reason of disability, be excluded from the participation in, denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Rehabilitation Act Amendments of 1998.

The Americans with Disabilities Act of 1990 (ADA) expands the scope of the Rehabilitation Act of 1973 and guarantees equal opportunity for individuals with disabilities in employment, public accommodations, transportation, state and local government services, and telecommunications.

Sections of the ADA:

TITLE I

Title I covers nondiscrimination in employment activities. It requires that employers not discriminate on the basis of a disability in the recruitment, hiring, retention, or promotion of employees. Employment opportunities must be made available when it can be shown that, with or without reasonable accommodation, the individual can successfully perform the essential functions of the job.

Title II of the ADA is divided into two subparts. Subpart A requires that state and local government entities and programs be made accessible to persons with disabilities. Subpart B covers transportation and requires that public transportation systems be made fully accessible to and usable by persons with disabilities.

Title III covers the accessibility and availability of programs, goods, and services provided by private entities. Although, the Act uses the term “public accommodations,” it is used in the context of use by the public, rather than operation by a public entity. By definition, a public accommodation is privately owned, operated, and/or offered.

Title IV requires that telecommunication services be made accessible to persons with hearing and speech impairments and has specific reference to the development of telecommunication relay systems and closed captioning technology.

Title V of the ADA contains miscellaneous provisions that apply to all of the other titles as well.

Source: Accommodating Adults with Disabilities in Adult Education (1998), the University of Kansas Center for Research on Learning

Americans with Disabilities Act, Title II: State and Local Government Activities

Title II covers all activities of State and local governments regardless of the government entity's size or receipt of Federal funding. Title II requires that State and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services, and activities (e.g. public education, employment, transportation, recreation, health care, social services, courts, voting, and town meetings). State and local governments are required to follow specific architectural standards in the new construction and alteration of their buildings.

They also must relocate programs or otherwise provide access in inaccessible older buildings, and communicate effectively with people who have hearing, vision, or speech disabilities. Public entities are not required to take actions that would result in undue financial and administrative burdens. They are required to make reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination, unless they can demonstrate that doing so would fundamentally alter the nature of the service, program, or activity being provided.

Complaints of Title II violations may be filed with the Department of Justice within 180 days of the date of discrimination. In certain situations, cases may be referred to a mediation program sponsored by the Department.

The Department may bring a lawsuit where it has investigated a matter and has been unable to resolve violations. For more information, contact:

U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, NW
Disability Rights Section - NYAV
Washington, D.C. 20530

Website: www.ada.gov

(800) 514-0301 (voice)
(800) 514-0383 (TTY)

Title II may also be enforced through private lawsuits in Federal court. It is not necessary to file a complaint with the Department of Justice (DOJ) or any other Federal agency, or to receive a "right-to-sue" letter, before going to court.

Defining a Disability According to the ADA

Physical Impairment:

Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems. Specific examples include: orthopedic, visual, speech, and hearing impairments; cerebral palsy; epilepsy; muscular dystrophy; multiple sclerosis; cancer; heart disease; diabetes; HIV disease; tuberculosis; drug addition; and alcoholism.

Mental Impairment:

Any psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

Exclusions (Conditions that are NOT considered a disability include):

• Temporary impairments (broken bones, sprained joints, acute infections);
• Physical characteristics (eye or hair color, handedness, height or weight); common personality traits (poor judgment, quick temper)
• Environmental, cultural, or economic characteristics (poverty, prison record, lack of education)
• Sex-related behaviors and disorders (transvestitism, bisexuality, homosexuality, exhibitionism)
• Compulsive gambling, kleptomania, and pyromania; and
• Current users of illegal drugs, or individuals that use prescription drugs in excess.

Substantially Limits:

Unable to perform a major life activity, or significantly restricts the condition, manner, or duration under which a major life activity can be performed, in comparison to the average person.

Major Life Activity:

Functions such as caring for oneself, performing manual tasks, walking, seeing, or hearing, speaking, breathing, learning or working.

General Requirements in Titles I and II of the American with Disabilities Act:

• No exclusion on the basis of disability
• No discrimination through contract
• Participation in the most integrated setting
• No discrimination through eligibility criteria
• Modifications in policies, practices, and procedures to avoid discrimination on the basis of disability
• Modifications in policies and rules to allow the presence/use of service animals
• No discrimination through association
• Surcharges to cover the costs of accessibility may not be imposed solely on persons with disabilities
• Examinations and courses related to licensing or certification for educational, professional, or trade purposes must be accessible
• No discrimination because of insurance constraints
• No harassment or retaliation
• Absolute confidentiality

Legal Rights of Adult Learners with Disabilities:

• Program Accessibility
• Academic adjustments or accommodations
• Use of auxiliary aids & services
• Non-discrimination/equal opportunity

Legal Responsibilities of Adult Learners with Disabilities:

• Be a self advocate
• Provide appropriate records/documentation
• Know your legal rights
• Self-identify as having a disability
• Identify the type of accommodations needed
• Request accommodations based on your specific needs

Legal Aspects of Providing Services to Adults with Disabilities

Agencies and programs serving adults with disabilities must consider the following accommodations and adjustments on a case-by-case basis:

• providing informational materials in alternative formats (e.g. large print, audio tape).
• modifying assessment techniques to meet the needs of individuals with disabilities.
• extending the time permitted for an individual with a disability to complete specific program or course requirements.
• permitting the use of such learning aids as tape recorders, word processors, calculators, pocket spell-checkers, taped books, and computers for individuals with disabilities.

Agencies and programs serving adults may NOT:

• limit the number of individuals with disabilities admitted into programs or activities.
• make inquiries as to whether or not an individual has a disability unless that information is a criterion used to determine eligibility for a program or service.
• use placement tests or criteria that inadequately assess applicants with a disability because appropriate accommodations were not provided.
• exclude an “otherwise qualified” individual with a disability from participation in a particular program or activity.
• counsel an individual with a disability toward a more restrictive career or employment setting
• measure an individual’s progress using methods that adversely discriminate against the individual with a disability.
• charge additional fees for individuals with disabilities to cover the cost of accommodations
• share or discuss specific disability information without written permission from the individual.

ADA Legal Responsibilities of Adult Education Programs

• Designate a responsible employee as an ADA Coordinator
• Provide notice of ADA requirements
• Establish a grievance procedure
• Conduct a self-evaluation on employment, non-discrimination in programs and activities, communications, program and facility accessibility
• Develop a transition plan-identify physical obstacles that limit accessibility, describe methods that will be used to correct obstacles, specify a schedule for the changes, and indicate person(s) responsible

Source: Accommodating Adults with Disabilities in Adult Education, University of Kansas Center for Research on Learning, 1998.

Working Together to Provide Equal Access for Individuals with Disabilities

“…while we recognize the law does not require affirmative action in actively seeking students with disabilities, we expect the program to be proactive in meeting the needs of students with disabilities who are enrolled in its programs.” (Jarrow, p. 21.)

“…when OCR is called in to investigate a possible violation of Section 504/ADA,… the look at the broad programmatic response to the spirit of the law as evidenced by the factual information surrounding the complaint and by an examination of programmatic policies and procedures regarding persons with disabilities.” (Jarrow, p. 21.)

“In the end, compliance with the ADA always seems to come back to using good sense, acting in good faith, and doing one’s programmatic best to find a way to allow all qualified… individuals to participate equally, regardless of their status as persons with disabilities.” (Jarrow, p. 63).

Source: Jarrow, J.E. (1997). Higher education and the ADA: Issues and perspectives. Columbus, OH: Disability Access and Information Support.

Knowledge Competencies for Disability Service Providers

• Adult Education Program rights and responsibilities under the Americans with Disabilities Act (ADA).
• Rights and responsibilities of adults with disabilities under the ADA.
• Confidentiality of disability records/information.
• ADA guidelines for providing accommodations to persons with disabilities.
• ADA grievance procedures.
• Identifying students with disabilities and appropriate data collection.
• How to identify and access local, state, and national resources regarding persons with disabilities.
• ADA guidelines for ensuring that facilities, services, and programs are accessible.
• Obtaining accommodations on the GED.
• Basic knowledge of appropriate assessment and documentation of disabilities.
• Basic knowledge of appropriate instructional strategies, procedures, and materials for persons with disabilities.

Summary of Questions and Answers about Rights & Responsibilities

What is a disability?