I have been posting this month about the anniversary of the Americans with Disabilities Act (ADA). The purpose of the law is to make sure that people with disabilities have the same rights and opportunities as every else.
So, how does this law relate to public education? Title II of this law prohibits discrimination of individuals by state and local governments, this includes public schools.
Title II - Public Services: State and Local Government
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Prohibits discrimination on the basis of disability by “public entities” such as state and local government agencies.
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Requires public entities to make their programs, services and activities accessible to individuals with disabilities.
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Outlines requirements for self-evaluation and planning; making reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination; identifying architectural barriers; and communicating effectively with people with hearing, vision and speech disabilities.
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Regulated and enforced by the US Department of Justice (The Americans with Disabilities Act | ADA.gov).
Who does the ADA cover? The ADA is a broad law that provides civil rights protections to all individuals with disabilities in the US. Title II of the ADA prohibits discrimination by state and local governments which includes public schools.
ADA defines an individual with a disability as “a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment.” To be considered eligible for protections under the ADA individuals must meet the definition.
There is no formal written document for ADA but it is a best practice to document accommodations. Services, programs and activities of the school must be provided in the most integrated setting appropriate to the needs of the student. School districts must appoint an ADA coordinator and adopt grievance procedures. The U.S. Department of Education’s Office for Civil Rights (OCR) are the agencies that enforce the law.
There are three laws that protect the rights of your disabled child – ADA, Section 504 and the Individuals with Disabilities Education Act (IDEA). These laws interact with each other and a school district must meet requirements for all three laws. Your child may be covered under more than one law at a time.
While we celebrate the anniversary of ADA and learn more about it, it is important to understand how it relates to Section 504 and IDEA. Please visit this website Disability Rights Laws in Public Primary and Secondary Education: How Do They Relate? | ADA National Network (adata.org) and download a free fact sheet detailing how the laws work together to protect the rights of your disabled child.