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Disability Law

Disability Law. Education and the Workplace in America. Americans with Disabilities Act (ADA). Signed by George Bush Sr. July 26, 1990

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Disability Law

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  1. Disability Law Education and the Workplace in America

  2. Americans with Disabilities Act (ADA) • Signed by George Bush Sr. July 26, 1990 • Prohibits discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications, and also applies to the United States Congress. • have a disability or have a relationship or association with an individual with a disability, which is a physical or mental impairment that substantially limits one or more major life activities, a history or record of or being perceived by others as having such an impairment. • http://www.usdoj.gov/crt/ada/cguide.htm#anchor62335

  3. Rehabilitation Act (1973) • prohibits discrimination on the basis of disability in programs conducted by Federal agencies, in programs receiving Federal financial assistance, in Federal employment, and in the employment practices of Federal contractors. • standards for determining employment discrimination under the Rehabilitation Act are the same as those used in title I of the Americans with Disabilities Act.

  4. Rehabilitation Act Sections • Section 501 = affirmative action and nondiscrimination in employment by Federal agencies of the executive branch. Contact: Equal Employment Opportunity Office (EEOC). • Section 503 = affirmative action and prohibits employment discrimination by Federal government contractors and subcontractors with contracts of more than $10,000. Contact: Office of Federal Contract Compliance Programs, U.S. Department of Labor • Section 504 = "no qualified individual with a disability in the United States shall be excluded from, denied the benefits of, or be subjected to discrimination under" any program or activity that either receives Federal financial assistance or is conducted by any Executive agency or the United States Postal Service. (1989) • Each agency is responsible for enforcing its own regulations. Section 504 may also be enforced through private lawsuits. It is not necessary to file a complaint with a Federal agency or to receive a "right-to-sue" letter before going to court. • Section 508 = requirements for electronic and information technology developed, maintained, procured, or used by the Federal government to be accessible to people with disabilities, including employees and members of the public.

  5. Individuals with Disabilities Education Act (IDEA) • Formerly P.L. 94-142 or the Education for all Handicapped Children Act of 1975 • Requires public schools to make available to all eligible children with disabilities a free appropriate public education in the least restrictive environment appropriate to their individual needs.

  6. Related services • “provided to students in school because they are related to the student's education”...includes: • transportation • developmental, corrective, and other supportive services (including speech-language pathology and audiology services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, social work services, counseling services, including rehabilitation counseling, orientation and mobility services and medical services, • except that such medical services shall be for diagnostic and evaluation purposes only) • Provision of related services without qualifying for special education placement can be found in Section 504 of the Rehabilitation Act of 1973.

  7. Medically Vs. Educationally Necessary • Health care professionals frequently view these related services as medically necessary or helpful for children and adolescents with chronic diseases and disabling conditions...[but] it is not the standard for services that are mandated to be provided by public systems. The service must be necessary for education or special education...often leads to misunderstandings, frustrations, conflicts, and problems in the development and implementation of related services within school programs for children with disabilities. • The physician's role mandated by IDEA as a related service is defined to include only the diagnosis and evaluation of the disability...[re] medical management, supervision, and program planning for the children. IDEA does not mandate that these additional roles are paid for by the public school.

  8. Determining special education eligibility • An eligibility team...includes the parent, a teacher who is knowledgeable about the student's educational performance or district's programs, the student (where appropriate), at least one CST member who participated in the evaluation(s), the case manager, and other appropriate individuals at the discretion of the parent or school district...school principal may also participate. Eligibility is determined collaboratively by all of the participants at the meeting.

  9. Determining Speech & Language Services Eligibility • has disorder that affects articulation, phonology, fluency, and/or voice; is "communication-impaired" without other service requirement, and is NOT related to dialect, cultural differences or the influences of a foreign language.

  10. CURRENT CATEGORIES: • auditorially impaired (HI) • Autistic • cognitively impaired, mild, moderate or severe (MR) • communication impaired • deaf / blindness • emotionally disturbed • multiply disabled • orthopedically impaired • other health impaired (use for ADD and ADD-H) • preschool disabled • social maladjustment • specific learning disability • traumatic brain injury • visually impaired

  11. Eligibility – continued • “In the past, the disability definition was considered the student's classification. Now, these disability definitions are simply the criteria by which a student is found eligible. The disability category does not dictate the services that are needed or the type of program a student can receive. In fact, the disability category does not even have to be reflected in the IEP.” • qualify in one of the categories • have a disability which adversely effects educational performance, and: • need special education and related services.

  12. Once found eligible • all children aged five and over receive the same classification; either, "eligible for special education and related services," or "eligible for speech and language services." • Children aged three through five are classified as preschool handicapped. • A written plan, called an Individualized Education Program (IEP) is developed...at a meeting or series of meetings...Parents notified in writing...reasonably convenient for the parents and school personnel. If a parent is unable to attend, he or she may participate by phone. • If a parent disagrees with the determination, he/she may request an independent evaluation, mediation, or a due process hearing. Violations of basic access or other rights may also be taken to the Office of Civil Rights.

  13. Other Web Sites • http://www.millburnspedparents.org/Special%20Ed%20Website/POG%20Website/Eligibility%20and%20Classification.htm • http://www.wrightslaw.com • http://www.usdoj.gov/crt/foia/tal157.txt re private schoolshttp://www.ada.gov • http://www.it-director.com/business/compliance/content.php?cid=8399 • http://www.aafp.org/afp/990515ap/2816.html

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