Americans with Disabilities Act: Education Requirements and Accessibility
The Americans with Disabilities Act (ADA), enacted in 1990, and Section 504 of the Rehabilitation Act of 1973, are critical pieces of legislation ensuring equal access to education for individuals with disabilities. These laws aim to eliminate discrimination and provide necessary accommodations, fostering an inclusive environment for students with disabilities in educational settings. The goal and purpose of the two acts is to ensure that those who suffer various specified disabilities are allowed equal accommodated access to both employment and education.
Historical Context and Legislative Framework
Section 504 of the Rehabilitation Act of 1973
The disability rights movement achieved an initial victory with the enactment of Section 504 of the Rehabilitation Act of 1973. This section prohibits discrimination based on disability in programs or activities receiving federal financial assistance. Patterned after laws prohibiting discrimination based on race or gender, Section 504 states that "No otherwise qualified individual with handicaps in the United States … shall, solely by reason of her or his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” This provision marked the first time the disabled were viewed as a protected class, similar to race or gender.
However, Section 504 had limitations, as it only applied to programs and buildings receiving federal financial aid. This left many individuals with disabilities facing discrimination in the private sector, private schools, and public facilities not using federal grant money.
The Americans with Disabilities Act (ADA) of 1990
To address the gaps left by Section 504, Congress enacted the Americans with Disabilities Act (ADA), which was passed on July 26, 1990, and signed into law by President George H.W. Bush. The ADA extends the rights provided under the Civil Rights Act of 1964 to individuals with disabilities. The intention of the Americans with Disabilities Act was to fill the gaps left in Section 504. The ADA bars employment and educational discrimination against “qualified individuals with disabilities.”
Title II of the ADA specifically addresses educational institutions, requiring them to make educational opportunities, extracurricular activities, and facilities open and accessible to all students. This includes physiological disorders such as hearing impairment, vision impairment, or speech impairments; neurological disorders such as muscular dystrophy or multiple sclerosis; psychological disorders such as mental retardation, mental illness, or learning disabilities.
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Key Differences Between Section 504 and Title II of the ADA
The primary difference between the two laws, as they apply to educational institutions, lies in their scope. Section 504 applies to recipients of grant monies from the federal government, while Title II of the ADA applies only to public entities, with some applications to private sector entities. Section 504 of the Rehabilitation Act of 1973 and Title II of the ADA cover students in virtually any public school district, college, or university because they receive some form of federal assistance. Some private schools, colleges, and universities also receive such assistance, and students are protected under Section 504, but Title II does not apply to them.
The Individuals with Disabilities Education Act (IDEA)
In addition to the ADA and Section 504, the Individuals with Disabilities Education Act (IDEA) provides further protection to individuals with disabilities in education. The act was originally passed by Congress in 1975 but has been amended on several occasions since that time. Unlike ADA and Section 504, which are non discrimination laws, IDEA is instead a grant program. It requires states that accept federal funds to provide free, appropriate public education to disabled children.
Overlapping Coverage, Differing Definitions
These three laws were written and passed at different times in US history. Section 504 was first passed in 1973, IDEA in 1975, and the ADA in 1990. Because they are not part of some grand, overarching plan, it can be confusing to differentiate when and how they apply to students with disabilities. The ADA is a broad law that provides civil rights protections to all individuals with disabilities in the US in many different aspects of life. Section 504 is more limited, it provides civil rights protections to all individuals with disabilities in programs that receive federal funding, which includes most public schools. Finally, IDEA is not an antidiscrimination law; it is a statute that mandates free appropriate public education (FAPE) in the least restrictive environment (LRE) for students with disabilities eligible under IDEA.
Part of the reason it is confusing to differentiate between these laws is because they overlap in their coverage, their definitions of disability, their eligibility, and their planning requirements. The laws also differ slightly in how they define disability. The ADA and Section 504 have the same broad definition. IDEA has a different, more limited definition.
Definitions are important because they are an important part of deciding whether a law applies to a specific individual. To be considered for protections under the ADA and Section 504, a person must meet the definition of disability defined above. Under IDEA, the child must have a specific disability (as defined in law) and must need specially designed instruction and related services. A child can have a disability and be covered under 504 and ADA (non-discrimination), but not require specially designed instruction and thus not receive services under IDEA.
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Scope of Coverage and Accessibility Requirements
Programs and Activities Covered
Both Section 504 and the ADA apply to all programs of a school or college, not simply academics. This includes extracurricular activities, ensuring that students with disabilities have equal access to a well-rounded educational experience.
Accessibility Standards
Neither law requires that all buildings be made fully accessible to students or teachers with disabilities. Those buildings constructed after the Section 504 regulation was issued in 1977 must be fully accessible. For older buildings, the law requires that the program or activity be made accessible. Often, classes or extracurricular activities are moved to another, more accessible, room to accommodate any disabled person who attends. One aim of the ADA was to make educational institutions more accessible for the disabled.
However, public accommodation is not required if a particular aid or service would result in either fundamental alteration of the services offered by the facility or if the accommodation would impose an undue burden.
Testing and Examination Accessibility
Section 309 of the Americans with Disabilities Act addresses testing and examination accessibility, filling the gap not defined by Section 504 of the Rehabilitation Act of 1973 or Title II of the ADA. Any educational facility that receives federal money or is a public facility because it is a function of the state or local government as defined under Title II of the ADA is required to make any examination accessible to persons with disabilities. This requirement includes physical access to the testing facility, as well as any modification of the way the test is administered to assist the disabled.
Many licensing and testing authorities are not covered by Section 504 or Title II. In these cases, a provision in the ADA was included to assure that persons with disabilities are not prohibited from or disallowed in any educational, professional, or other examination opportunity because a test or course is conducted in an inaccessible location or is offered without the needed modifications to assist the disabled student. Examiners may require proof of disability, but requests for documentation of the disability must be reasonable and must be limited to support for the modification or aid requested. The student or testing applicant may be required to bear the cost of providing such documentation for examination officials.
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Private Schools
The ADA covers private elementary and secondary schools as places of public accommodation; i.e., the schools must be physically accessible to those with disabilities. But these schools are not required to provide free appropriate education or develop an individualized educational program for students with disabilities.
Colleges and Universities
Under Section 504, colleges and universities are not required to identify students with disabilities. They are required to inform all applicants of the availability of auxiliary aids, services, and academic adjustments. Given legal mandates under the ADA, postsecondary institutions must make reasonable accommodations in order to provide students with disabilities an equal opportunity to participate in courses, programs, and activities. This includes extracurricular activities. These accommodations can be in the form of academic adjustments or modifications such as extended time for test taking or completing course work; substitution of specific courses to meet degree requirements; modification of test taking or performance evaluations so as not to discriminate against a person’s sensory, speaking or motor impairments, unless that is what is being tested.
Accommodations and Modifications
Reasonable Accommodations
The ADA requires employers with 15 or more employees to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities available to others. For example, it prohibits discrimination in recruitment, hiring, promotions, training, pay, social activities, and other privileges of employment. It restricts questions that can be asked about an applicant’s disability before a job offer is made, and it requires that employers make reasonable accommodation to the known physical or mental limitations of otherwise qualified individuals with disabilities, unless it results in undue hardship.
Postsecondary institutions must make reasonable accommodations in order to provide students with disabilities an equal opportunity to participate in courses, programs, and activities. This includes extracurricular activities. These accommodations can be in the form of academic adjustments or modifications such as extended time for test taking or completing course work; substitution of specific courses to meet degree requirements; modification of test taking or performance evaluations so as not to discriminate against a person’s sensory, speaking or motor impairments, unless that is what is being tested.
Undue Burden
Public entities are not required to take actions that would result in undue financial and administrative burdens. Public accommodation is not required if a particular aid or service would result in either fundamental alteration of the services offered by the facility or if the accommodation would impose an undue burden.
Individualized Education Programs (IEPs)
IDEA requires public school systems to develop appropriate Individualized Education Programs (IEP’s) for each child. IDEA also mandates that particular procedures be followed in the development of the IEP. Each student’s IEP must be developed by a team of knowledgeable persons and must be at least reviewed annually. If parents disagree with the proposed IEP, they can request a due process hearing and a review from the State educational agency if applicable in that state. They also can appeal the State agency’s decision to State or Federal court.
Under IDEA children with disabilities must be educated with their peers without disabilities to the maximum extent appropriate with supplemental aids and services, if necessary, to allow them to benefit from public education. There is a presumption under the law that children with disabilities will be educated with children without disabilities and will be removed from the classroom or placed in special classes only when necessary to meet their individual needs.
Enforcement and Compliance
Complaint Procedures
Title I complaints must be filed with the U. S. Equal Employment Opportunity Commission (EEOC) within 180 days of the date of discrimination, or 300 days if the charge is filed with a designated State or local fair employment practice agency. Equal Employment Opportunity Commission field office. Complaints of title II violations may be filed with the Department of Justice within 180 days of the date of discrimination. In certain situations, cases may be referred to a mediation program sponsored by the Department. The Department may bring a lawsuit where it has investigated a matter and has been unable to resolve violations. Washington, D.C. Title II may also be enforced through private lawsuits in Federal court.
Complaints of title III violations may be filed with the Department of Justice. In certain situations, cases may be referred to a mediation program sponsored by the Department. The Department is authorized to bring a lawsuit where there is a pattern or practice of discrimination in violation of title III, or where an act of discrimination raises an issue of general public importance. Title III may also be enforced through private lawsuits. It is not necessary to file a complaint with the Department of Justice (or any Federal agency), or to receive a “right-to-sue” letter, before going to court. Washington, D.C.
Due Process
Under IDEA children with disabilities must be educated with their peers without disabilities to the maximum extent appropriate with supplemental aids and services, if necessary, to allow them to benefit from public education. There is a presumption under the law that children with disabilities will be educated with children without disabilities and will be removed from the classroom or placed in special classes only when necessary to meet their individual needs.
School districts must appoint a Section 504 coordinator and adopt grievance procedures that incorporate appropriate due process standards.
Interaction of Laws
These laws interact with each other. A school system must meet the requirements of all three laws. However, meeting the requirements of one law does not automatically satisfy the requirements of the other laws. A student may have rights under more than one law at a time.
Challenges and Ongoing Issues
Budget Constraints
As many parents and students attest, in these days of budget cuts for most aspects of education and States so stressed that they seek every method to save money that can be conceived, “expensive” programs such as ADA are often short changed or simply ignored within the institution. This is not viciousness on the part of most administrators so much as a desperate effort to make ends meet. As so often in history, those with disabilities are the ones most likely to face lack of attention and commitment from those who are able. The institutions have no choice in the matter. The law is mandatory. In reality, most educators and administrators are as determined to provide the same educational opportunities to every student as they can. It comes down to priorities. When there is not enough money for critical classes or facilities for all students, many institutions find it hard to spend money to help a small minority of the students. But as one teacher explained to this writer over ten years ago, long before the monetary crisis of the states, it is often not just lack of funds as lack of information and lack of will.
Hidden Disabilities
Hidden disabilities are considered to be any physical or mental impairments that are not readily apparent to others. They include such conditions as learning disabilities, allergies, diabetes, epilepsy, as well as chronic illnesses such as heart, kidney, or liver disease.
Service Animals
Under Title II of the ADA, a public entity must allow an individual with a disability to be accompanied by a service animal. For example: Yes, the school administrators violated Title II of the ADA by denying Aeris’ service animal access.
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