58 Americans with Disabilities Act

Type:

Civil rights law

Administration:

Office of Civil Rights

General Purpose:

• To provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities;
• To provide clear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities;
• To ensure that the Federal government plays a central role in enforcing the standards established in this act on behalf of individuals with disabilities.

Funding:

• No funding.
• Limited tax credits may be available for removing architectural or transportation barriers.
• Grant funds may be available to support training and to provide technical assistance to public and private institutions.

Applicable agencies:

• Employment agencies
• Public services
• Telecommunications
• Public accommodations
• Schools

Age range:

Birth – Death

Evaluation and Placement:

The ADA does not specify evaluation and placement procedures. ADA does specify provision of reasonable accommodations for eligible activities and settings. Reasonable accommodations may include, but are not limited to, redesigning equipment, assigning aides, providing written communication in alternative formats, modifying tests, redesigning services to accessibility locations, altering existing facilities, and building new facilities.

Free, Appropriate Public Education (FAPE):

ADA does not directly relate to FAPE; however, (1) ADA protections apply to nonsectarian private schools, but not to private schools or entities controlled by religious organization; (2) ADA provides additional protection to what is required under Section 504. Reasonable accommodations are required for eligible students with a disability to perform essential functions of the job. This applies to any part of the special education program that may be community-based and involve job training/placement.

Procedural Safeguards:

The ADA does not specify procedural safeguards related to special education. It does detail the administrative requirements complaint procedures, and consequences for noncompliance related to both services and employment.

Due process or Violations:

The ADA does not describe specific due process procedures. People with disabilities have the same remedies that are available under the Title VII of the Civil Rights Act of 1964, as amended in 1991. Thus, individuals who are discriminated against may file a complaint with the relevant federal agency. Enforcement agencies encourage informal mediation and voluntary compliance. Violations of Section 504 are also violations of the ADA as it applies to students.