Legal Ease!

This will be the first overview of a three-part series dealing with ADA, IDEA, and Section 504.

Much confusion surrounds what constitutes these laws and how they specifically pertain to each situation. Information is available on the web through a variety of helpful sites, but be advised: it is always a good idea to seek professional guidance when entering into any legal confrontation.

Part I:
Americans With Disabilities Act of 1990 (ADA)

Purpose:

A civil rights law to prohibit discrimination solely on the basis of disability in employment and in public services.

Who Is Protected?

Any individual with a disability who: (1) has a physical or mental impairment that substantially limits one or more life activities; or (2) has a record of such an impairment; or (3) is regarded as having such an impairment. Further, the person must be qualified for the program, service, or job.

Who Is Responsible for Providing A Free, Appropriate Public Education (FAPE)?

ADA protections apply to nonsectarian private schools, but not to organizations or entities controlled by religious organizations. ADA also provides additional protection in combination with actions brought under Section 504 and IDEA. Reasonable accommodations are required for eligible students with a disability to perform essential functions of the job. This applies to any part of the special education program that may be community-based and involve job training or placement.

Procedural Safeguards:

The ADA does not specify procedural safeguards related to special education; it does detail the administrative requirements, complaint procedures, and the consequences for noncompliance, related to both services and employment.

Adapted from the Kids Source Information Online

Some Helpful Sites:
Kids and Parent site: www.kidsource.com
ADA Home Page: www.usdoj.gov
ADA Document Center: www.janweb.icdi.wvu.edu

In the News:
Most Sweeping Education Bill Since 1965

A bill was signed into legislation, authorizing up to $26.5 billion in spending from kindergarten through high school and devoting much of the money to low income students. It creates new yearly testing and accountability systems and adds ambitious literacy, after-school, and teacher quality initiatives. At the same time, it eliminates duplicate or outdated federal programs and gives states greater flexibility in how they spend certain federal funds.

Mom Is Right: Peer Grading is Wrong
Thank goodness for Kristja Falvo. Her 6th-grade son was called “stupid” and “dummy” by classmates after they graded his tests and called out his scores to the teacher. Believing that this practice violated her son’s right to privacy, Flavo sued. She lost in district court but won on an appeal. The U.S. Supreme Court is now considering her case.

Adapted from Joe Nathan, Pioneer Press, www.pioneerpress.com