ERIC Number: ED381912
Record Type: RIE
Publication Date: 1995-Apr
Reference Count: N/A
The Americans with Disabilities Act and Its Impact on Public Education.
Wenkart, Ronald D.
A Legal Memorandum, Apr 1995
This paper summarizes implications of the Americans with Disabilities Act (ADA) on public education. It notes similarities between the ADA and Section 504 of the Rehabilitation Act of 1973 which already prohibits discrimination against people with disabilities in most public schools. The ADA is seen as having its main impact in the area of employment, with school districts being required to make reasonable accommodations for people with disabilities and prohibited from requiring a medical examination prior to an offer of employment. The ADA is not seen as affecting requirements of the Individuals with Disabilities Education Act (IDEA) to provide students with disabilities a free and appropriate education. The paper first addresses general provisions of the ADA, then reviews provisions of Title I regarding employment, Title II regarding public services, and Title V (miscellaneous provisions). Case law interpreting Section 504 and IDEA is then reviewed, addressing the issues of: (1) the definition of a "qualified individual with a disability"; (2) what "reasonable accommodations" include; and (3) what is a "free appropriate public education." (Contains 19 references.) (DB)
Descriptors: Civil Rights Legislation, Compliance (Legal), Court Litigation, Disabilities, Elementary Secondary Education, Employer Employee Relationship, Employment, Equal Opportunities (Jobs), Federal Legislation, Higher Education, Legal Responsibility, Public Schools, School Districts
National Association of Secondary School Principals (NASSP), 1904 Association Dr., Reston, VA 22091-1537 ($4 annually which is included in NASSP dues; $3 single copy, non-members; $2 single copy, members; quantity discount available; payment must accompany orders of $15 or less).
Publication Type: Guides - Non-Classroom; Collected Works - Serials
Education Level: N/A
Authoring Institution: National Association of Secondary School Principals, Reston, VA.
Identifiers: Americans with Disabilities Act 1990; Individuals with Disabilities Education Act; Rehabilitation Act 1973 (Section 504)