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					LEGISLATION
KNR 255
PL 90-480 Architectural
Barriers Act of 1968
  Any building or facility constructed in
  whole or part [after 1968] with federal
  funds must be accessible for the
  physically handicapped
  Lacked effective enforcement
PL 93-112 Rehabilitation Act
of 1973
  Title V, Section 502
     Formed Architectural and Transportation
      Barriers Compliance Board
     Compliance for PL 90-480, Architectural
      Barriers Act
  Title V, Section 504
     Nondiscrimination under federal grants
     1st civil rights law for people with
      disabilities
Section 504
  No otherwise qualified handicapped
  individual in the U.S….shall, solely by
  reason of his or her 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.
Section 504, Definition of a
“Handicapped Person”
  Physical or mental impairment
     Substantially limits 1 or more major life
      activities
  Has record of such
  Is regarded as having
ADA
 What is ADA?
    Americans with Disabilities Act
    PL 101-336
 When signed into law?
    7/26/90
    Relied heavily on Rehabilitation Act of 1973
 Who was the president?
    George Bush
ADA
 Civil rights law
    20th century Emancipation Proclamation for people
     with disabilities
       Bullock & Mahon
    Goes beyond agencies that receive federal funds
    “An act to establish clear and comprehensive
     prohibition of discrimination based on disability.”
     (PL 101-336)
 Can be enforced with lawsuits
ADA History (Shapiro)
  Different from other civil rights bills
     Cost businesses money
     Small businesses were really concerned &
      ultimately the law included exemptions
     Business began to see PWD as new
      sources of labor & customers
ADA History Cont. (Shapiro)
  Advocates
     Largely an underground movement
     Lots of different groups
     Often not agree (ADAPT & Rehab
      counselors)
     Wanted a “flat earth bill”: within 2 years
      everything would be accessible
ADA History Cont. (Shapiro)
  “Hidden Army”
     People with disabilities or someone in
      family
     Tom Harkin --- brother who was deaf
     Edward Kennedy --- son who had lost leg
      to cancer, sister who had mental
      retardation
     Bob Dole --- paralyzed right arm
     Orin Hatch --- bother-in-law had polio
ADA History Cont. (Shapiro)
  “Hidden Army”
     George Bush
        3 y/o daughter had leukemia
        Son had a learning disability
     Bush’s support of disability rights helped
      with his election
PURPOSE
 To provide a national mandate for the
 elimination of discrimination against
 individuals with disabilities
 To provide enforceable standards addressing
 discrimination
 To ensure the Federal Government plays a
 central role in enforcing the standards
 To address major areas of discrimination
 faced day-to-day by people with disabilities
KEY TERMS
 Disability
     3 prong definition [see Section 504]
     Both visible and hidden disabilities
     Doesn’t include current users of illegal
      drugs
     Person who is an alcoholic is covered
KEY TERMS
 Qualified individual with a disability
     Meets ADA definition of disability
     Someone who with or without reasonable
      accommodations can meet essential eligibility
     UNLESS direct threat to health & safety
     OR require fundamental alterations of program
     Don’t know if fundamental alteration without an
      individual assessment
KEY TERMS
 Essential eligibility
     Job: essential functions of job
     Programs
        Live in community
        Register for class before closed
        Age
        Skill
KEY TERMS
 Reasonable accommodations
     change rules, policies, or procedures
     remove barriers
     provide auxiliary aids
 Accommodations are individualized
KEY TERMS
 Readily achievable / undue burden
     Readily achievable = Title III
        Economic
        Administrative
        Programmatic
     Undue burden = Title II
        Title II is stiffer
KEY TERMS
 Most integrated setting
     Specialized programs are OK
     Must be CHOICE
 Communicate compliance
     post intent to comply with ADA
     person in charge of compliance
     publicize grievance procedure
5 TITLES
  I.     Employment
  IIA.   State & local government
  IIB.   Public transportation
  III.   Public accommodations by
         private agencies
  IV.    Communication systems
  V.     Misc. & enforcement
EXCLUDES
 Private clubs
 Religious organizations
 Indian reservations
 Executive branch of the federal
 government
 Air transportation
 Private residential facilities
TITLE I. Employment
  Under 15 employees are exempt
  Covers applicants & employees
  Covers all aspects from hiring to promoting
  Qualified individual with a disability
  Do not have to hire unqualified people
  Key is good job description
  Accommodations
  Undue hardships
TITLE IIA: State & Local
Government
  Counties, cities, towns, villages,
  townships, school districts, special
  purpose governments like park districts
  & SRAs, mental health districts, forest
  preserves, etc.
  All activities, services, & programs
  May not charge extra for
  accommodations
TITLE III: Public
Accommodations
  Commercial recreation, travel & tourism
  Places of lodging (inns, hotels)
  Food or entertainment establishments
  Theatres, movie houses, concert halls
  Stadiums
  Auditoriums, convention centers
  Libraries, grocery stores
TITLE III Continued
  Service places (banks, insurance
  offices)
  Museums, galleries
  Parks, zoos, amusement parks
  Gyms, health spas
  Bowling alleys, golf courses
  Not required to help with feeding,
  toileting, or dressing
GUIDELINES
 Access Board is federal agency
 responsible for accessibility design
 guidelines
 Architectural & Transportation Barriers
 Compliance Board
 Americans with Disabilities Act Access
 Guidelines (ADAAG)
GUIDELINES continued
  Recommendations for Accessibility
  Guidelines: Recreational Facilities &
  Outdoor Developed Areas
     Places of amusement
     Golf facilities
     Boating & fishing facilities
     Sports facilities
GUIDELINES continued
  Play facilities (playgrounds)
  Outdoor developed areas (trails,
  camping, facilities, beaches, picnic
  areas)
ENFORCEMENT
 Access Board
 Department of Transportation
 Federal Communication Commission
 Equal Employment Opportunities Com.
 Department of Interior
 Department of Justice
PL 94-142, Education for all
Handicapped Children Act, 1975

  Free appropriate public education
  Least restrictive environment
  Provision of appropriate related services
  Individual Education Plan [IEP]
  Now IDEA, Individuals with Disabilities
  Education Act

				
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posted:8/6/2011
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