Exploring the ADA and IDEA

Elevator Speech

The Americans with Disabilities Act (ADA) protects the civil rights of individuals with disabilities comparable to other protected classes. Discrimination against persons with disabilities is prohibited by Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990 (Title II prohibits discrimination by disability by public entities, whether or not they receive federal financial assistance). The act guarantees equal opportunity for individuals with disabilities in employment, public accommodations, transportation, State and local government services, and telecommunications. ADA defines reasonable accommodations as modifications or adjustments to the way things are usually done that enable individuals with disabilities to have an equal opportunity to participate in academics or employment. The ADA also protects qualified persons with disabilities from discrimination in many areas of postsecondary education including admission, academics, and research. Individuals with Disabilities Education Act (IDEA) ensures students with disabilities (infancy through high school graduation or age 21) have access to a free and appropriate public education, just like all other children. Under IDEA, parents have a say in the educational decisions the school makes about their child.

https://www2.ed.gov/about/offices/list/ocr/docs/howto.pdf

www.disabled-world.com/disability/ada

This, of course, is not my voice or way of speaking it is harvested and edited from a variety of internet sources.  However, an elevator speech is not better for extreme creativity or overthinking. What I would add to the summary above is a couple of thoughts about online instruction and design. Perhaps emphasizing a learner-centered approach, and anticipating effective communication, timeliness of service and anticipating and preventing burden would be some key elements in my more focused summary.

Section 504: Explained & Summarized

Section 504 prohibits recipients of federal funds from discriminating because of disability. Title II of the ADA prohibits discrimination based on disability in state and local government services by state and local governmental entities, whether or not they receive federal funds, this includes public school districts. Virtually all public school systems receive federal funds, and public education is a government service. Both statutes require school districts to provide a free appropriate public education to students with disabilities protected by those laws.

  1. Comparable Benefits and Services
  2. Criteria and Methods of Administration
  3. Reasonable Accommodations
  4. Maximum Feasible Integration

Key Legal Concepts and Standards-Based Education Reform

  • Using Standards as a Strategy for Reform
  • Linking Curriculum, Courses, and Instructional Strategies to the Standards Set for All Students
  • Using Assessment for School Accountability

These elements and statements are summarized from the PEER Project Overview.

ADA.gov Title II explained
https://www.ada.gov/ada_title_II.htm 

Certainly, as a service provider at a public university, I am obligated by this legislation to consider accessibility for our customers. Here in rural Alaska, this is an interesting challenge. Recently, in anticipation of a new (to us) student we changed our office assignments so that our financial aid person is physically located in an office with greater wheelchair accessibility. We as well had a recent visit from representatives from a deaf and hard-of-hearing, non-profit/lobby, and that caused us to stop and think. The resources available in rural communities are constrained. And yet, as the recipients of federal money we are obligated to have thought ahead and had a plan for being responsive. We spend a great deal of energy on applying for, managing and delivering services funded by grants, probably at near capacity. However, we have equal responsibilities for this kind of legislation that represents a serious management concern.

IDEA: Individuals with Disabilities Education Act: History and Summary

Individuals with Disabilities Education Act (IDEA) has been amended several times since Congress first passed it in 1975. Its primary goals are:

  • To protect the rights of children with disabilities.
  • To give parents a voice in their child’s education

Young persons who are not eligible for support under IDEA might still qualify for support under another law called Section 504 of the Rehabilitation Act. A 504 plan can provide accommodations to help young people in school.

How IDEA protects young people and parents

This legislation does not impact us in higher education directly.  However, as we try to deliver dual credit coursework and our Occupational Endorsements in our local high schools, I wonder if we might have some unanticipated obligations. We have opened up our admissions saying that young people age 13 can take courses and that 16 and older can enroll in our endorsements. One facet of that business model is to deliver endorsements provided by others, that is not locally produced, and so I wonder about where the obligation arises and where the fix will come from? Very probably the burden will be on the local campus just from a practical standpoint.

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