ADA & IT InFocus Volume 10, Number 3
Fall 2005
- ADA and IT Issues:
- Training News and Events
- Affiliates News
- Affiliates News
- What’s New:
ADA & IT 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 www.adainfo.org. It is also available by request in large print, Braille, audio cassette, and computer disk.
Richard G. Luecking, President 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 ADA and IT ISSUES:
DISABILITY LAW AND EDUCATION: ALPHABET SOUP
Ask just about anyone what it takes to succeed in today’s global society, and education is bound to be on the short list of essential ingredients, along with hard work, perseverance, and opportunity. The people of the United States have long valued education, and have passed many laws to ensure that the opportunity to obtain education is available to everyone, including those with disabilities.
ADA, IDEA, NCLB... What does it all mean?
There are several laws that are relevant to education for people with disabilities. Each, however, has some important distinctions.
The Americans with Disabilities Act, or ADA, covers state and local governments, as well as many private businesses. It is a civil rights law with a broad application; it is not specific to education, but rather covers a wide range of schools and educational programs because they are operated by covered entities.
Section 504 of the Rehabilitation Act of 1973, the predecessor of the ADA, applies to entities which receive Federal funds, so it also covers many of the same entities that are covered by the ADA.
The Individuals with Disabilities Education Act, or IDEA, is the nation’s “special education” law. Originally enacted in 1975 as the Education for All Handicapped Children Act, the purpose of the law is to ensure that every child with a disability is identified and provided with a “free appropriate public education” (FAPE). The IDEA requires that services be provided from infancy through high school; it does not reach into the realm of college and other post-secondary educational settings.
The recently passed No Child Left Behind Act, or NCLB, is designed to ensure that all children have the opportunity to obtain a high quality education. The law establishes a variety of mechanisms to address the needs of children from disadvantaged and other high-risk groups, such as racial and ethnic minorities, children who are poor, neglected, delinquent, or homeless, gifted and talented children, and children with disabilities.
Rehabilitation Act, ADA, and Education
While the ADA covers state and local governments, the Rehabilitation Act covers the agencies of the Executive branch of the Federal government, and all of their programs and services (including employment). The Rehabilitation Act also covers any entity, public or private, which receives funds from those agencies.
In addition to public educational programs operated by state and local governments, the ADA covers many kinds of private businesses, including private places of education ranging from pre-schools to colleges and adult training programs, regardless of whether they receive Federal funds.
Religious entities are exempt from title III of the ADA, so schools that are controlled by religious entities have no obligations under the ADA to students with disabilities. However, some religious schools receive Federal funding, so they are subject to the Rehabilitation Act.
The Rehabilitation Act and the ADA are civil rights laws which prohibit discrimination against people with disabilities. These two laws have the same definition of disability: a physical or mental impairment that substantially limits one or more major life activities. Only people who have these severely limiting impairments, have a history of such an impairment, or are perceived and treated as if they have such an impairment, are protected.
The Rehabilitation Act and the ADA require that covered entities ensure equality of opportunity, if necessary by taking such actions as making reasonable policy modifications or providing auxiliary aids and services to effectively communicate with people who have sensory disabilities, such as hearing, vision, or speech impairments.
IDEA and Special Education
The IDEA was initially passed to ensure that children with disabilities receive a free public education, with appropriate supports and services to meet their individual needs and prepare them for adult life.
School-aged children are eligible for services if they have been evaluated and found to have certain specified types of disabilities and need special education. Some younger children, including infants and toddlers, can receive services if they are experiencing developmental delays.
Assessment and evaluation services to determine eligibility are provided at no cost to the child’s family. Once a child has been found to be eligible for services, an Individualized Education Program, or IEP (for school-aged children), or an Individualized Family Service Plan, or IFSP (for younger children) is developed.
Plans are developed by a team which may include one or both parents or guardians, various professionals such as teachers, therapists, or social workers, and sometimes (particularly for older children) the child.
The IFSP or IEP will outline what, when, and where services will be provided to the child. Special education often involves adjustments to the content or delivery of the curriculum. Related services may be needed to enable the child to participate in and benefit from education.
Related services may include things like transportation, speech-language pathology, audiology, physical or occupational therapy, therapeutic recreation, or counseling.
The IDEA was recently reauthorized, incorporating several changes, including provisions designed to bring it into alignment with the No Child Left Behind Act.
No Child Left Behind
The No Child Left Behind Act (NCLB), a reauthorization of the Elementary and Secondary Education Act of 1965, was passed to increase school accountability for academic achievement, promote learning of core subjects such as reading and math, and close the achievement gap between disadvantaged students and their peers.
NCLB has become quite controversial as schools across the country struggle to implement its provisions. Assessment of students with disabilities has been at the forefront of the debate about accountability and “adequate yearly progress.”
Assessment results and progress toward meeting standards must be broken out according to poverty, race, ethnicity, disability, and limited English proficiency to ensure that no group is “left behind.” However, some advocates feel that holding students with disabilities to the same standards as all other students is unfair to everyone, undermining the individual approach required by the IDEA and distorting the overall results. Others fear that separate assessment and evaluation standards for students with disabilities will be based on unnecessarily low expectations.
The U.S. Department of Education recently announced a new “equation” for allowing additional flexibility in assessing students with disabilities and adjusting adequate yearly progress decisions, as long as states continue to meet certain requirements related to instruction and achievement for all students with disabilities. Regulations to implement the Department’s new policy are still being developed.
A recent guide from the Department of Education, reporting on progress and challenges and outlining the administration’s education agenda, proposes increased funding for IDEA related expenditures, as well as initiatives to implement NCLB and expand opportunities for higher education. The report claims that “our nation’s schools are making great strides toward ending the soft bigotry of low expectations and ensuring that all children have the opportunity to learn” but notes that “we can do better, and our students deserve better.”*
Personal independence, as well as the ability to contribute to a family or a community, is enhanced through high quality education. The Rehabilitation Act, the ADA, IDEA, and NCLB, as well as other laws, including state and local laws, are designed to ensure that everyone has the opportunity to obtain such education.
*U.S. Department of Education, Office of the Secretary, No Child Left Behind: Expanding the Promise, Guide to President Bush’s FY 2006 Education Agenda, Washington, D.C., 2005.
U.S. DEPARTMENT OF EDUCATION
For information on Section 504 of the Rehabilitation Act and title II of the ADA, or to file complaints: OCR Regional Office for DE, MD, PA, WV: OCR Regional Office for DC and VA: For information on IDEA: Department of Education online: www.ed.gov
MORE GREAT RESOURCES...
National Dissemination Center for Children with Disabilities Council for Exceptional Children National Clearinghouse on Postsecondary Education for Individuals with Disabilities National Clearinghouse for Educational Facilities TRAINING NEWS AND EVENTS
Disability Mentoring Day
Marian Vessels, Project Director
Nancy Horton, Assistant Director
Judy Sikes, Technical Assistance Specialist
Rachel Margolis, Technical Assistance Specialist
David Stewart, Technical Assistance Specialist
Mark Derry, Training Consultant
Traci Lemon, Office Manager
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
E-mail: adainfo@transcen.org
URL: www.adainfo.org
© 2005 by TransCen, Inc.
Office for Civil Rights (OCR)
National Headquarters
800-421-3481 V
877-521-2172 TTY
E-mail: OCR@ed.gov
Philadelphia, PA
215-656-8541 V
877-521-2172 TTY
E-mail: OCR_Philadelphia@ed.gov
Washington, D.C.
202-208-2545 V
877-521-2172 TTY
E-mail: OCR.DC@ed.gov
Office of Special Education Programs (OSEP)
202-245-7459
800-695-0285 V/TTY 
www.nichcy.org
703-620-3660 V 866-915-5000 TTY
www.cec.sped.org
800-544-3284 V/TTY www.heath.gwu.edu
888-552-0624 V/RELAY www.edfacilities.org
“Kick-off”: October 19, 2005
The DMD kicks off year-round, nationwide job development efforts, including job shadowing and hands-on career exploration activities.
1-800-840-8844 V/TTY or visit www.dmd-aapd.org/
Annual ADA Update
Holiday Inn — BWI Airport, Linthicum, MD: October 28, 2005
This popular event features updates from Federal agency representatives and ADA & IT Information Center staff.
1-800-949-4232 V/TTY (in DC, DE, MD, PA, VA, WV); 301-217-0124 V/TTY
or e-mail adainfo@transcen.org
2005 USBLN Conference
Pittsburgh, PA: November 1 - 3, 2005
The U.S. Business Leadership Network Conference for employers provides networking, education, and resources related to employment of people with disabilities and marketing to customers with disabilities.
NCA: Accessible Recreation Programs and Trail Design
The Access Coordinators Training: Introduction to Accessibility Management in Parks and Recreation
Bloomington, IN: November 1 - 4, 2005
21st Century Trails: A Universal Approach to Trail Design
Martinsville, IN: November 8 - 9, 2005
2005 TASH Conference
Milwaukee, WI: November 9 - 12, 2005
The 30th annual TASH Conference will focus on research, instructional strategies, diversity, and innovations that facilitate full inclusion.
www.adainfo.org/training/
ADA ANNIVERSARY: 15 YEARS
It was July 26, 1990 when President George H. W. Bush signed the Americans with Disabilities Act, declaring “we will not accept, we will not excuse, we will not tolerate discrimination in America.”
The 15th anniversary of this historic event was marked by proclamations, celebrations, seminars, workshops, picnics, and games across the country.
Our ADA Coalition affiliate in West Virginia coordinated an event at the capitol in Charleston, attended by people from all over the state.
Shana Phares, the Deputy Secretary for the Department of Health and Human Services, spoke about implementation of the state’s “Olmstead Plan” to advance community integration of people with disabilities. Anne Weeks, the President and CEO of the Mountain State Centers for Independent Living, talked about the history of the disability movement in West Virginia and the roles that West Virginians played in the passage of the ADA. Mark Derry of Eastlake, Derry & Associates concluded the program with a speech about current ADA issues, court decisions, and advocacy efforts around the country. Music, picnic food, and cake rounded out the celebration!
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West Virginia ADA Celebration State Capitol Charleston, West Virginia |
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TO CONTACT OUR AFFILIATES:
State ADA Coalitions:
MD – 800-949-4232 V/TTY
E-MAIL – adainfo@transcen.org
DC – 202-388-0033 or 202-388-0277 TTY
E-MAIL – hgalmore@dccil.org
DE – 302-376-4399 v or 302-376-4397 TTY
E-MAIL – vkelsey@fcilde.org
WV – 800-946-9471 V/TTY
E-MAIL – ADAcoalition@aol.com
VA – 757-461-8007 V or 757-461-7527 TTY
E-MAIL – kgonzalez@endependence.org
PA – 570-327-9070 V or 570-327-5254 TTY
E-MAIL – communityorganizer@cilncp.org
State Assistive Technology Programs:
MD – 800-832-4827 V or 866-881-7488 TTY
WEB – www.mdtap.org
DC – 202-547-0198 V or 202-547-2657 TTY
WEB – www.atpdc.org
DE – 800-870-3284 V/TTY (IN STATE ONLY)
WEB – www.dati.org
WV – 800-841-8436 V/TTY (IN STATE ONLY)
WEB – www.cedwvu.org/programs/wvats
VA – 800-552-5019 V/TTY (IN STATE ONLY)
WEB – www.vats.org
PA – 800-204-7428 V/RELAY (IN STATE ONLY)
WEB – http://disabilities.temple.edu/programs/assistive/index.htm
ADA RULINGS
THIRD CIRCUIT DECISIONS
Supreme Court: Title III Covers Foreign Cruise Ships
The Supreme Court ruled that title III of the ADA applies to foreign-flagged cruise ships serving U.S. ports, to the extent that such application does not affect a ship’s “internal affairs.”
Norwegian Cruise Line was sued by several passengers with disabilities, who claimed that they had been subjected to discriminatory treatment and that the cruise line had failed to remove architectural barriers within their ships. The lower court had ruled that title III of the ADA can not be applied to foreign-flagged ships because Congress did not clearly state an intention to cover them.
The Supreme Court reversed this holding, finding that the lack of specific reference to cruise ships in the ADA does not exempt them from coverage. The Court noted that there is “no doubt” that cruise ships fall within the ADA’s definition of “public accommodation,” and that the traditional limitation on the application of statutes to foreign vessels is only relevant to matters that affect “internal affairs,” not those that affect American citizens.
The Spector v. Norwegian Cruise Line decision is online at
www.supremecourtus.gov/opinions/04pdf/03-1388.pdf
Marshalls Stores to Implement New Emergency Evacuation Measures
A settlement was reached that will result in changes to the emergency evacuation procedures in Marshalls stores across the country.
Katie Savage was shopping in Marshalls department store in Maryland’s City Place Mall when the store was evacuated. Ms. Savage, who uses a wheelchair, was unable to get out of the mall. She sued both Marshalls and the Mall.
Marshalls agreed to implement changes in its approximately 700 stores in 42 states and Puerto Rico, including ensuring that every store has an accessible emergency exit, developing written policies and procedures and training all staff. An expert ADA consultant will be retained, and a corporate employee will be designated to oversee the implementation of the measures.
Regal Entertainment to Improve Wheelchair Seating in Movie Theaters
The U.S. Department of Justice reached a settlement agreement with Regal Entertainment Group, one of the largest theater chains in the United States. The settlement will affect the placement of wheelchair seating locations in stadium-style movie theaters across the country.
This case began back in December of 2000 when the U.S. Attorney’s Office for the District of Massachusetts filed suit against Hoyts Cinemas Corporation, a theater chain later acquired by Regal.
As a result of the agreement, Regal’s current and future stadium-style theaters will provide improved lines of sight for people who use wheelchairs. All future construction of Regal theaters will utilize designs that place wheelchair seating near the middle of the auditorium rather than the front row. Regal also agreed to make changes to nearly 1000 existing stadium-style theaters, as well as any it acquires during the next five years, by moving wheelchair seating farther back from the screen.
DOJ: Project Civic Access Agreements
The U.S. Department of Justice reached several new agreements with local governments as part of its Project Civic Access. The agreements cover a wide range of facility, communication, and policy issues in programs and services, including law enforcement, voting, emergency management, Internet-based activities, and employment.
Entities which have entered agreements in our region:
DOJ Web Course: Reaching out to Customers with Disabilities
The U.S. Department of Justice developed a web course to explain how businesses can achieve compliance with the ADA and expand their customer base at the same time.
The Department notes that the potential market includes the approximately 50 million people in the U.S. with disabilities, along with their family members, friends, and associates.
The self-paced course is divided into ten short modules which include examples and practical solutions; visit www.ada.gov/reachingout/intro1.htm
Opening Doors: Technology and Communication Options for Children with Hearing Loss
This publication, developed by the Academy for Educational Development (AED) for the Office of Special Education and Rehabilitative Services (OSERS), provides information and resources on early intervention, the use of technology, and other support available to children and their families. Find it online at www.ed.gov/about/offices/list/osers/products/opening_doors/index.html
EEOC: 10 Reasons to Mediate
The U.S. Equal Employment Opportunity Commission (EEOC) has produced a 14-minute, open-captioned video to introduce employers to the EEOC’s National Mediation Program.
Mediation is often a preferable alternative to the traditional investigation and enforcement process. Mediation offers an opportunity for the parties involved in a charge of discrimination to resolve their differences quickly and amicably.
Visit www.eeoc.gov/mediate/10reasons/index.html to view a trailer of the video. To order a free copy of the video on CD, call 202-663-4823 or e-mail MediationCD@eeoc.gov.
EEOC: Cancer in the Workplace
The U.S. Equal Employment Opportunity Commission (EEOC) issued a question-and-answer document on the application of the ADA to workers with cancer. The document addresses such topics as when cancer is a disability under the ADA, when an employer may ask an applicant or employee questions about cancer and how it should treat voluntary disclosures, and what types of reasonable accommodations employees with cancer may need. The document is posted online at www.eeoc.gov/facts/cancer.html
Maryland Governor Receives “Freedom to Compete” Award
Maryland Governor Robert Ehrlich was chosen to receive the “Freedom to Compete” award from the Equal Employment Opportunity Commission.
Maryland was the first state in the country to establish a cabinet-level department with broad authority to oversee a wide range of state programs and services related to dis-ability. The EEOC praised Governor Ehrlich’s leadership, noting that the “elevation of Maryland’s Office for Individuals with Disabilities to cabinet-level status serves as a model to other state governments.”
NCD Reports on Transportation
The National Council on Disability’s report The Current State of Transportation for People with Disabilities examines traditional public transportation systems, private transportation services, alternative transportation initiatives, and the pedestrian environment. Find the full report at www.ncd.gov/newsroom/publications/2005/current_state.doc
If you are not able to obtain online publications,
call the ADA & IT Information Center,
1-800-949-4232 V/TTY.
We will be happy to assist you!
WEB SITES
www.ppmd.org/ The Parent’s Place of Maryland offers a variety of publications and resources about special education.
www.kidshealth.org/ Created by The Nemours Foundation’s Center for Children’s Health Media, KidsHealth provides accurate, up-to-date, and jargon-free health information. The site has separate areas for kids, teens, and parents, each with its own design, age-appropriate content, and tone. There are features, articles, animations, games, and resources — all developed by experts in the health of children and teens.
www.nationaltechcenter.org/ The National Center for Technology Innovation (NCTI), funded by the U.S. Office of Special Education Programs (OSEP), advances learning opportunities for individuals with disabilities by fostering technology innovation.
http://rtc.ruralinstitute.umt.edu/ The Research and Training Center on Disability in Rural Communities works to develop innovative solutions to issues such as rural transportation, housing, employment and self-employment, community involvement, telecommunications and tele-rehabilitation, health, secondary conditions and managed care. This Center also operates the American Indian Disability Technical Assistance Center (AIDTAC). (Note that there is no “www” in this URL.)
ADA & IT 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 & IT 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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