ADA In Focus - Volume 7, Number 3 Fall 2002
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ADA IN FOCUS is published three times yearly by the ADA & IT Information Center for the Mid-Atlantic Region. It is posted to the web on the "Publications" page at adainfo.org. It is also available by request in large print, Braille, audio cassette, and computer disk.
Richard G. Luecking, President
Marian Vessels, Project Director
Nancy Horton, Assistant Director
Kathleen Desmond Porter, Training Director
David Stewart, Technical Assistance Specialist
Mark Derry, Training Consultant
Donna Stewart, Administrative Assistant
TransCen, Inc. is a Rockville, MD-based firm specializing in human resources issues that impact workplace diversity. TransCen administers the ADA & IT Information Center, providing business and technical assistance to DE, DC, MD, PA, VA and WV.
This is a publication of the ADA & IT Information Center, funded by the National Institute on Disability and Rehabilitation Research of the U.S. Dept. of Ed. (Grant # H133D010212). The opinions contained in this publication are those of the grantee and do not necessarily reflect those of the Dept. of Education.
ADA & IT Information Center
451 Hungerford Dr., Suite 607
Rockville, MD 20850-4151
TEL: 301-217-0124 v/tty
FAX: 301-217-0754
Toll-free: 800-949-4232 v/tty
URL: www.adainfo.org
© 2002 by TransCen, Inc.
Back to School: Time for Transition:
Summer draws to a close with a mixture of excitement and anxiety for students of all ages, as well as their parents, teachers, and school administrators. Some will take their first tentative steps into new surroundings, from kindergarten to college. Others will return to familiar places and routines. All will face the challenging decision of what to wear that first day, but for many there will be additional concerns.
Students with Disabilities
Children who are eligible for services under the Individuals with Disabilities Education Act (IDEA) may receive early intervention services, or, for students in elementary and secondary school (K-12) an individualized educational program and appropriate supports. The IDEA establishes specific eligibility criteria and procedures that must be followed. Related services (such as audiology or physical therapy) are described in some detail.
By contrast, the ADA is a more generalized law, designed to protect the civil rights of people with disabilities in a variety of situations. The ADA applies to many educational programs and facilities, both public and private. Unlike the IDEA, the ADA extends coverage beyond high school, and applies to colleges and adult education programs that are offered by state or local governments and many private businesses.
Disclosure and Documentation
When students with disabilities move on to colleges and universities, there are often real differences in the way things work. Students can not assume that the same modifications that were made in high school or the support services that were provided will be continued.
Even schools that are covered by the ADA are under no obligation to try to identify students with disabilities or provide medical evaluations. Disclosure and documentation become the adult students' responsibilities. While some schools may accept the documentation that a student has from high school, others may need different or additional information to determine whether a student has a disability as defined by the ADA.
Modifications and support services may differ as well, due to the nature of college level classes and activities. Modifications must be effective for individual students, but they must also be reasonable and appropriate based on the purpose of the class, program, or test.
Testing accommodations are often controversial. There has been much debate about what to provide or allow, for whom, and in what situations. Appropriate accommodations are those that create a fair opportunity for students with disabilities to demonstrate their knowledge and skills, while ensuring the integrity of the test results.
Parents and Teachers have Disabilities, Too
Significantly, the ADA protects not only students with disabilities, but parents and other members of the public as well. Parents with disabilities must have the same kinds of opportunities that other parents have, such as attending parent-teacher conferences or PTA meetings.
Additionally, schools often host a variety of activities that are available to members of the community. Accessibility and effective communication need to be addressed for events like exhibits, lectures, fairs, sporting events, and plays that are open to the general public.
Title I of the ADA also applies to many educational entities, so non-discrimination and reasonable accommodations are required for applicants and employees with disabilities. These provisions are even extended to religious entities that employ at least fifteen people. (Religious entities are exempt from title III, so religious schools have no obligations under the ADA to their students or other members of the public with disabilities.)
Successful Schools
When educational entities comply with the ADA in a positive and meaningful way, they enable individuals with disabilities, whether they are students, parents, or education professionals, to contribute to the success of the school and the community.
To contact the U. S. Department of Education in the Mid-Atlantic Region:
For information on K-12 public education (the Individuals with Disabilities in Education Act, or IDEA):
Office of Special Education Programs (OSEP)
Office of Special Education and Rehabilitative Services (OSERS)
U.S. Department of Education
400 Maryland Ave., S.W.
Washington, DC 20202
202-205-5507
www.ed.gov/offices/OSERS/OSEP/
For information on post-secondary education and other applications of Section 504 of the Rehabilitation Act and title II of the ADA:
(National Headquarters)
U.S. Department of Education
Office for Civil Rights, Customer Service Team
Mary E. Switzer Building
330 C Street, SW
Washington, D.C. 20202
1-800-421-3481
FAX: 202-205-9862; TTY: 877-521-2172
Email: OCR@ed.gov
www.ed.gov/offices/OCR/
OCR Regional Office for DE, MD, PA, WV:
U.S. Department of Education
Wanamaker Building
Suite 515 100 Penn Square East
Philadelphia, PA 19107
215-656-8541
FAX: 215-656-8605; TTY: 215-656-8604
Email: OCR_Philadelphia@ed.gov
OCR Regional Office for VA and DC:
U.S. Department of Education
1100 Pennsylvania Ave., N.W., Rm. 316
P.O. Box 14620
Washington, D.C. 20044-4620
202-208-2545
FAX: 202-208-7797; TTY: 202-208-7741
Email: OCR_DC@ed.gov
Transition: From Entitlement to Eligibility
Ann Deschamps, Ed.D
Career and Transition Services,
Fairfax County Public Schools
The Individuals with Disabilities Education Act (IDEA) is a critical piece of legislation that has enabled millions of children with disabilities to receive a free and appropriate public education. The law is based on the premise that every child, with or without a disability, is entitled to a public education through the high school level. However, many families have come to expect a continuation of the specific services their child received in elementary and high school, as the child moves into the world of college or employment.
If a student with a disability was enrolled in small classes, received speech therapy, or extra assistance with homework assignments while in high school, why can't she receive these same services at the local community college? The issue here is entitlement vs. eligibility. Once a student leaves the secondary school system, she is no longer entitled to services under the IDEA. The student enters the world of "eligibility".
There is an array of services available to people with disabilities through the local Department of Rehabilitative Services, state funded grant programs, local non-profit organizations, disability support services at post-secondary institutions, and other organizations. However, the contrast between what the family has learned to expect in high school and what they are faced with after high school is significant. For many people this can be a rude awakening.
Entitlement
IDEA created the special education system that exists today, mandating services for students with disabilities in elementary and secondary school. The whole Individualized Education Plan (IEP) process is a forum for determining what special services the student will receive. The parents and the student participate and learn about all the different services available through special education.
The focus remains on the student's disability and what the best educational program should be based on the student's strengths and needs. The services provided to the student may change over time depending on a lot of factors, including the student's progress, local school system budget constraints, and new Federal policy initiatives, to name a few. Essentially the process remains the same. Every year the parents and the student meet with the teachers and other professionals involved, and establish a plan for the next year.
Eligibility
Fast forward to life after school. No more IEP, no more meetings, no more services. The parent and student are faced with an array of adult service providers, post-secondary institutions, and others who are all asking one question: Does Johnny meet the eligibility requirements of this program? Of course, various programs may offer different services and have different eligibility requirements. Families are left to try to determine which will be of the most benefit to their child, and whether the child is eligible for those programs.
Preparation
There are many things that parents and teachers can do to help students get ready for transition.
- Start early. Start talking about the concept of eligibility while the student is still in high school. A good place to do this is during the IEP meeting. Learn about the difference between entitlement and eligibility.
- Ensure that students can talk about their disabilities. Help them to identify and articulate their strengths as well as their needs. Teach students about the Americans with Disabilities Act and how the law specifically applies to them. Talk about potential accommodations the student might need on the job or in a post-secondary setting and the appropriate way to request them.
- Find out about resources, programs, and options prior to graduation. Talk about what services the student might need after she leaves school and look for information about those services.
- Promote self-advocacy skills - encourage independence as much as possible for students with disabilities.
2002: An ADA Leadership Conference
BETHESDA, MD......................................................OCTOBER 22 - 25, 2002
The annual conference of the National Association of ADA Coordinators will feature four tracks: employment, college/university, accessibility, and transit. CRC, CCM, and CDMS continuing education units are available.
Second Annual Disabilities Awareness Conference: Delaware-Maryland AgrAbility Project
PRINCESS ANNE, MD.......................................................OCTOBER 30, 2002
This conference will feature workshops, equipment demonstrations, and exhibits for farmers, loggers, poultry growers, and watermen, or their family members, with disabilities. It will take place on the campus of the University of Maryland Eastern Shore.
Universal Access: Assistive and Accessible Technologies for Living and Learning
HARRISBURG, PA...........................................................NOVEMBER 13, 2002
Pennsylvania's Initiative on Assistive Technology (PIAT) will hold its 2002 statewide conference in celebration of Assistive Technology Awareness Month 2002.
Annual ADA Update
BALTIMORE, MD...................................................NOVEMBER 15, 2002
This comprehensive annual conference is sponsored by the Maryland Coalition for ADA Education; it will be held at Martins West. Speakers from key Federal agencies, including the Department of Justice, the Access Board, and the Equal Employment Opportunity Commission, will provide updates and answer questions.
Human Capital: Turning Investment to Profit
WASHINGTON, DC.............................................................NOVEMBER 18-19, 2002
The Business Leadership Network National Summit will focus on the best disability practices of U.S. businesses. U.S. Secretary of Labor Elaine L. Chao will be a featured speaker.
The ADA & IT Information Center's newly formed Advisory Board held its first meeting on June 27. The Board is comprised of a group of dynamic and accomplished individuals from diverse backgrounds. They will provide guidance and assistance to the Center to enhance diversity and promote services.
ADVISORY BOARD MEMBERS 2002
Alexis Thornton Crump, Human Relations Manager for the Virginia Employment Commission.
Charles F. Downs, ADA Coordinator for the City of Waynesboro, Virginia.
Diane Edge, well-known advocate for Deaf and Hard of Hearing access in Maryland.
Mark McKay, Disability Resources Specialist for the U.S. Department of Education, Washington, D.C.
Tony Langbehn, Career and Vocational Rehabilitation counselor from Bowie, Maryland
Joyce Lehrer, Disabilities Service Coordinator for Howard County, Maryland
Claire Elyse Michaels, an advocate with the Lehigh Valley Center for Independent Living in Allentown, Pennsylvania
Pat Montgomery, State ADA Coordinator and Chief Officer for Disabilities for the District of Columbia.
Gray Smith, AIA AICP, prominent architect and urban planning consultant from Philadelphia.
Cari Watrous, Administrator for the Maryland Governor's Office for Individuals with Disabilities
Wm. L. Wilkoff, FASID, award winning designer from Washington, D.C.
| TO CONTACT THE ADA COALITIONS: | |
| MD | 410-960-6263 V/RELAY |
| mkfrancis@adelphia.net | |
| DC | 202-234-7550 ext. 5 V |
| 202-234-7590 TTY | |
| rights@erols.com | |
| DE | 302-292-3066 V/TTY |
| lheller@magpage.com | |
| WV | 304-296-6091 V/TTY |
| wvadacoalition@aol.com | |
| VA | 757-461-8007 Voice |
| 757-461-7527 TTY | |
| kmaxwell@endependence.org | |
| PA | 814-863-0471 V/TTY |
| wwr1@psu.edu | |
| TO CONTACT THE ASSISTIVE TECHNOLOGY PROJECTS | |
| MD | 800-832-4827 V/TTY |
| WEB | www.mdtap.org |
| DC | 202-547-0198 V |
| 202-547-2657 TTY | |
| WEB | www.atpdc.org |
| DE | 800-870-3284 V/TTY |
| WEB | www.asel.udel.edu/dati |
| WV | 800-841-8436 V/TTY |
| WEB | www.uacdd.wvu.edu/wvats |
| VA | 800-552-5019 V/TTY |
| WEB | www.vats.org |
| PA | 800-204-7428 V |
| 800-750-7428 TTY | |
| WEB | www.temple.edu/inst_disabilities/piat |
ADA Rulings: Supreme Court Decisions 2001
The Supreme Court, in its 2001 term, issued opinions in several widely publicized ADA cases. They addressed a range of issues, including the definition of disability, reasonable accommodations and seniority systems, direct threat to self in employment, and punitive damages under title II. Here's a brief summary.
The case of Toyota Motor Manufacturing, Kentucky, Inc. v. Williams arose when Ella Williams, an assembly line worker who developed carpal tunnel syndrome, sued Toyota for failure to provide reasonable accommodation. The case turned on the question of whether Ms. Williams met the ADA's definition of disability. The Circuit Court found that she did, based on her substantial limitations in performing manual tasks associated with assembly line work.
The Supreme Court took exception with the Circuit Court's standard, which essentially combined the major life activities of "performing manual tasks" and "working". Justice O'Connor wrote that the Circuit Court erred in applying a "class-based framework" to a major life activity other than working. She noted that the ADA is "intended to cover individuals with disabling impairments regardless of whether they have any connection to a workplace."
The Court did not say that carpal tunnel syndrome is not a disability; Justice O'Connor wrote that the individualized assessment required by the ADA is "particularly necessary when the impairment is one such as carpal tunnel syndrome, in which symptoms vary widely from person to person."
The case was sent back to the Circuit Court for further consideration.
The U.S. Airways, Inc. v. Barnett case involved a conflict between a requested reasonable accommodation and a seniority system. A cargo handler, who had been re-assigned to a less physically demanding job following an injury, was "bumped" from that job by a senior employee.
The Court felt that the positions of the two sides were extreme; the airline argued that no accommodation can ever be reasonable if it conflicts with seniority, and Mr. Barnett argued that meeting the needs of an individual with a disability should be the only consideration. The Court attempted to outline a method of compromise, saying that seniority will ordinarily prevail, but an individual may be able to show that "special circumstances" exist that make an exception reasonable in a particular case. This case was also returned to the lower court for further consideration.
The Chevron U.S.A. Inc. v. Echazabel case questioned the validity of the Equal Employment Opportunity Commission's title I regulation, which states that an employer may defend itself if a worker would pose a "direct threat" to his own health or safety. Mr. Echazabel argued that the regulation exceeded the intent of the ADA, which only mentions direct threat to others.
The Court upheld the regulation, noting that "threat to others" is clearly stated in the law as an example of a legitimate defense, not as the "one and only" reason for excluding an individual. This case was also remanded for additional consideration.
The Court decided in Barnes v. Gorman that punitive damages are not available to an individual who sues under title II of the ADA or Section 504 of the Rehabilitation Act. The Court's reasoning: Section 203 (title II) of the ADA says that remedies available are the same as those available under Section 505 of the Rehabilitation Act, which in turn refers to title VI of the Civil Rights Act; punitive damages may not be awarded in private suits under title VI, therefore they may not be awarded in either of the other two situations.
This decision did not disturb the compensatory damages that were awarded to Mr. Gorman, an individual with a disability who was injured during an arrest.
You can find links to all these opinions at www.supremecourtus.gov/opinions/01slipopinion.html
Cornell University's Program on Employment and Disability has updated and expanded its well known series of publications. These easy to read documents can also be found on the web at www.hrtips.org, along with other articles, checklists, and links to useful resources. The latest additions to the collection include:
- Your Employees and Cancer - Working Together
- Working Effectively with Employees who have Epilepsy
- Workplace Accommodations for Individuals with Arthritis
- Working Effectively with People with Learning Disabilities
- Employing and Accommodating Individuals with Spinal Cord Injuries
- Workplace Accommodations for People Living with Multiple Sclerosis
- Definition of Disability under the ADA: A Practical Overview and Update
- Assistive Technology, Accommodations, and the ADA
- Leave Rights under the FMLA and the ADA
- The Role of Disability Management Programs in ADA Compliance
- Employee Medical Exams and Disability-Related Inquiries under the ADA:Guidance for Employers Regarding Current Employees
To obtain copies of these or other publications, contact the ADA & IT Information Center at 800-949-4232 (Voice or TTY) or visit the "Publications" page at http://www.adainfo.org
Preparing for Post-secondary Education
The U.S. Department of Education has published a new booklet entitled "Students with Disabilities Preparing for Post-secondary Education; Know Your Rights and Responsibilities". You can find it on-line at www.ed.gov/offices/OCR/transition.html or contact the ADA & IT Information Center at 1-800-949-4232 V/TTY and find out how to order it by mail, fax, e-mail, or telephone.
Dr. Roy Grizzard to Head ODEP
U.S. Department of Labor Secretary Elaine Chao announced the Senate confirmation of Dr. W. Roy Grizzard as the first Assistant Secretary of the Office of Disability Employment Policy (ODEP). He will provide leadership in the effort to increase employment opportunities for adults and youth with disabilities.
Dr. Grizzard was formerly the Commissioner for the Department for the Blind and Vision Impaired for the Commonwealth of Virginia. Prior to that, he worked for nearly twenty years for the Henrico County Public School System, starting as a teacher and rising to the position of assistant principal.
Access Success
Summers County, West Virginia is involved in a long-range plan to improve access to its programs and facilities. The county seat of Hinton is home to a downtown district and County Courthouse that are listed in the National Registry of Historic Places. Increasing access, while working with limited resources, presented a challenge to the community, but they got creative and they got busy.
The courthouse already boasts new accessible parking, curb cut, ramped entrance, and accessible restrooms. Future plans include assistive listening devices, raised and Braille signage, audible and visual emergency alarm signals, and accessible seating for spectators, witnesses, and members of the jury.
The county's plans also include an innovative design for an elevator, which will be installed between the courthouse and the nearby Memorial Building and provide access to all the floors of both buildings.
To read more about Summers County, as well as other communities that are working to improve civic access, visit the Department of Justice's "ADA Stories" page at www.usdoj.gov/crt/ada/adastory.htm
www.onestops.info The National Center on Workforce and Disability/Adult (NCWD) provides training, technical assistance, policy analysis, and information to improve access in the workforce development system.
www.ncwd-youth.info This site is from the National Collaborative on Workforce and Disability/Youth, which works with the NCWD/Adult and the Department of Labor's Office on Disability Employment Policy (ODEP). The project works to assist state and local workforce development systems to integrate youth with disabilities.
http://oc.nci.nih.gov/web508
http://usability.gov/accessibility/index.html
These pages, from the Office of Communications at the National Cancer Institute, are loaded with useful information on Section 508, designing accessible and "senior-friendly" web sites, tutorials, and more. (Note no "www" in the URL)
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ADA & IT Information Center
451 Hungerford Dr., Suite 607
Rockville, MD 20850-4151
TEL: 301-217-0124 v/tty
FAX: 301-217-0754
Toll-free: 800-949-4232 v/tty
URL: www.adainfo.org
©2002 by TransCen, Inc.
ADA IN FOCUS IS INTENDED FOR USE BY INDIVIDUALS, STATE AND LOCAL GOVERNMENTS, BUSINESSES, LEGAL ENTITIES, AND OTHERS INTERESTED IN DEVELOPMENTS IN THE AMERICANS WITH DISABILITIES ACT. THIS PUBLICATION IS INTENDED SOLELY AS AN INFORMAL GUIDANCE AND SHOULD NOT BE CONSTRUED AS LEGALLY BINDING. ADA IN FOCUS DOES NOT SERVE AS DETERMINATION OF THE LEGAL RIGHTS OR RESPONSIBILITIES UNDER THE ADA FOR ANY INDIVIDUAL, BUSINESS OR ENTITY.
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