AMERICANS WITH DISABILITIES ACT

BASIC TRAINING FOR NORTH CENTRAL TEXAS COLLEGE

FACULTY AND STAFF

Human Resources Department

Learning Objectives

What is the ADA/ADAAA?

ADA/ADAAA 101 – THE BASICS: Key Components

ADA/ADAAA and Post Secondary Institutions and Section 504 of The Rehabilitation Act of 1973

Learning Objectives (cont.)

ADA/ADAAA Students Rights and Responsibilities

Useful ADA Terminology Unacceptable Terminology

of Americans with Disabilities

What is the ADA/ADAAA?

The Americans with Disabilities Act, simply known as the ADA, is a federal law that gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion.

What is the ADA/ADAAA? (cont.)

Major legislation affecting post-secondary education

Rehabilitation Act of 1973, Section 504

Americans with Disabilities Act of 1990

ADA Amendments Act (ADAAA) of 2009 Broadens further the

interpretation of disability

What is the ADA/ADAAA? (cont.)

The Purpose of the Act: It guarantees equal opportunity and non-discrimination in 5 areas for individuals with disabilities:

Title I Employment

Title II State & Local Government Services

Title III Public Accommodations

Title IV Telecommunications

Title V Miscellaneous Provisions

ADA 101 – THE BASICS: Key Components

Who is Protected Under ADA?Employment and education

discrimination is prohibited against individuals with disabilities.

This includes applicants for employment, employees and students.

The determination of whether a student has a physical or mental impairment that substantially limits a major life activity must be made on the basis of an individual inquiry.

ADA 101-THE BASICS: Key Components (cont.)

A physical or mental impairment is defined as any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems:

Neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive, digestive; genito-urinary, hemic and lymphatic; skin, and endocrine, or any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

ADA 101-THE BASICS: Key Components (Cont.)

Major life activities as defined in the Section 504 regulations include functions such as:

Caring for One’s Self Performing Manual Tasks Walking Seeing Hearing Speaking Breathing Learning Working

ADA 101-THE BASICS: Key Components (cont.)

Under the new amendments act, ADAAA, a Non-exhaustive list of examples of “major bodily functions” that are major life activities now include:

Immune System Normal Cell Growth Digestive Bowel Bladder Neurological Brain Respiratory Circulatory Endocrine Reproductive

ADA 101 –THE BASICS: Key Components (cont.)

Other protected ADA classes An individual with epilepsy,

paralysis, HIV infection, AIDS, a substantial hearing or visual impairment, mental retardation, or a specific learning disability is also covered under ADA.

ADA 101-THE BASICS: Key Components (cont.)

FAQ for protected class eligibility

Q: If I have a sprain or a broken limb, am I covered under ADA?

A: No. An individual with a minor, non chronic condition of a short duration, such as a sprain, broken limb, or the flu, generally would not be covered.

ADA 101-THE BASICS: Key Components (cont.)

FAQ for protected class eligibility (cont.)

Q: If I am diagnosed with cancer or a mental illness, am I covered under ADA?

A: Yes. The second part of the definition protecting individuals with a record of a disability would cover, for example, a person who has recovered from cancer or a mental illness.

ADA and Post Secondary Institutions and Section 504

How does the ADA affect postsecondary schools?

Title II of the ADA covers state funded schools such as universities, community colleges and vocational schools.

Title III of the ADA covers private colleges and vocational schools.

If a school receives federal dollars regardless of whether it is private or public it must adhere to the regulations of Section 504, requiring schools to make their programs accessible to qualified students with disabilities.

ADA-How is a Disability Disclosed?

In order to obtain an accommodation, a student must identify himself/herself as having a disability with the Office for Students with Disabilities. Likewise, the student should let the OSD know about his/her disability if he/she wants to ensure that they are assigned to accessible facilities. In any event, a student’s disclosure of a disability is always voluntary. It is the role of the Office for Students with Disabilities to determine appropriate accommodations.

ADA and Section 504

What are institution’s obligations under Section 504 and the ADA?

The institution must provide reasonable accommodations to the student’s known disability in order to afford him/her an equal opportunity to participate in the institution’s programs, activities and services, including extracurricular activities. A college or university may not discriminate against an individual solely on the basis of disability.

ADA and Section 504

Types of reasonable accommodations an institution might be expected to provide students who have disabilities may include:

Note takers, scribes or readers Sign language interpreter Physical accessibility Special testing accommodations Adaptive computer technology Tape recording of classes

ADA and Section 504

Must the institution provide the student all the academic adjustments and auxiliary aids a student with disabilities needs?

No. Public institutions must give primary consideration to the communication preferences of the student with a disability and provide effective accommodations.

ADA and Section 504

A college or university is not required to provide academic adjustments or auxiliary aids and services if such provision would fundamentally alter the nature of the program or when the academic requirements are essential to a program of study or to meet licensing prerequisites. An auxiliary aid may also be denied when the provision of such would place an “undue burden” on the institution. An undue burden is defined as “significant difficulty or expense.”

ADA and Section 504

A college or university is only obligated to provide tutorial services to students with disabilities in the same manner it provides such services to nondisabled students. The institution may choose the methods by which the auxiliary aids will be supplied so long as the methods offered provide the student an equal opportunity. The institution may not charge the student for necessary accommodations.

College and University Rights and Responsibilities

What are the procedural safeguards of Section 504 and the ADA?

Institutions of higher education must provide students with notice of the nondiscrimination requirements of Section 504 and the ADA. Colleges and universities must adopt and publish grievance procedures that provide the student with due process. Under Section 504, institutions must have a Section 504 Compliance Officer. Public institutions must also have an ADA Compliance Officer and conduct a self-evaluation to determine their compliance with the ADA.

Dr. Billy Roessler is the ADA/Section 504 Compliance Officer at North Central Texas College.

College and University Rights and Responsibilities (cont.)

May the institution take adverse action against an individual for asserting his/her rights under Section 504 and the ADA?

No. The institution may not discriminate against any individual who chooses to exercise his/her rights or against individuals who participate in an investigation pursuant to these regulations.

ADA Student Rights and Responsibilities

What are the obligations of students with disabilities?

In order to secure the protections of Section 504 and the ADA, the student has an obligation to self-identify (to the ADA office, not to each instructor) that he or she has a disability and needs accommodation. The institution most always requires that the student provide appropriate documentation in order to establish the existence of the disability and the need for accommodation.

ADA Student Rights and Responsibilities (cont.)

What kind of documentation of the student’s disability might be necessary to request accommodations?

Documentation should be completed and signed by a professional familiar with the applicant and the applicant’s disability such as a physician, psychologist or rehabilitation counselor.

ADA Student Rights and Responsibilities (cont.)

It should verify the disability and suggest appropriate accommodations. If previous documentation exists, it will likely be sufficient unless it is not current (usually no more than three to five years old).

If no current documentation is available, it is the responsibility of the student to have new documentation prepared. This can mean paying to have an appropriate professional conduct a new evaluation. This information is confidential and not a part of the student’s permanent record.

People First Language

A disability does not define a person’s value or potential

Choosing language which reflects the dignity of all people – words that put the person first, rather than the disability are important to consider. After all, our words reflect our thoughts.

Respectful and descriptive words are better choices. Examples of such include a “person who is…” “a person with a …” or “a person who has …”

Examples of People First Language

Use – A person with mental retardation/has a cognitive impairment

Instead of – mentally retarded Use – A person who has an emotional

disability Instead of – insane, crazy,

demented, psycho Use –A person who walks with

crutches Instead of - crippled

People First Language (cont.)

It is preferable to refer to a student with a disability as a person first, i.e. a person with a disability

Other unacceptable terms include: Crazy Sufferer Victim Invalid Lame Abnormal

NCTC Student Success Staff

Mary Martinson, Director of Student Success, extension 4377

Wayne Smith, OSD Coordinator, extension 6207

Yvonne Sandmann, OSD Specialist, extension 4321

Credits

WWW.ada.gov

Abernathy, Roeder, Boyd & Joplin P.C.

NCTC Department of Student Success Office for Students with Disabilities (OSD)

COURSE CONCLUSION

THANK YOU FOR TAKING THIS TRAINING COURSE. TO RECEIVE FULL CREDIT FOR THIS COURSE YOU MUST COMPLETE A 10 QUESTION ASSESSMENT

Human Resources Department