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This guide is intended to assist elementary and secondary schools as they plan compliance with the Americans with Disabilities Act (ADA), conduct required self-evaluation and transition plans, and make appropriate modifications. The eight chapters correspond with the regulations and include many worksheets and examples. Chapter 1 briefly discusses each of the ADA's titles, especially Title II which assures access to all programs and services provided by state and local government agencies. In Chapter 2 the emphasis is on the law's definition of a "qualified individual with a disability." Chapter 3 identifies action steps toward compliance and offers a three-phase process for completing self-evaluation planning. Chapter 4 reviews the general prohibitions against discrimination contained in Title II regulations, especially schools' obligation to provide a "free and appropriate public education." Chapter 5 explains ADA provisions concerning recruitment, hiring, and other employment-related issues. Program accessibility is the focus of Chapter 6. Chapter 7 explains Title II requirements for ensuring effective communication for persons with visual, hearing, and speech disabilities. Chapter 8 reviews the enforcement procedures for Title II and the remedies available if an institution is determined not to be in compliance. The last section identifies relevant sources of information. (DB)
(a) Design and construction. (1) Each facility or part of a facility constructed by, on behalf of, or for the use of a public entity shall be designed and constructed in such manner that the facility or part of the facility is readily accessible to and usable by individuals with disabilities, if the construction was commenced after January 26, 1992. (2) Exception for structural impracticability. (i) Full compliance with the requirements of this section is not required where a public entity can demonstrate that it is structurally impracticable to meet the requirements. Full compliance will be considered structurally impracticable only in those rare circumstances when the unique characteristics of terrain prevent the incorporation of accessibility features. (ii) If full compliance with this section would be structurally impracticable, compliance with this section is required to the extent that it is not structurally impracticable. In that case, any portion of the facility that can be made accessible shall be made accessible to the extent that it is not structurally impracticable. (iii) If providing accessibility in conformance with this section to individuals with certain disabilities (e.g., those who use wheelchairs) would be structurally impracticable, accessibility shall nonetheless be ensured to persons with other types of disabilities, (e.g., those who use crutches or who have sight, hearing, or mental impairments) in accordance with this section.
Revision of the author's Understanding the Americans with Disabilities Act.
This report provides the first evaluation of the enforcement of the Americans with Disabilities Act (ADA). Focuses specifically on the efforts of the Justice Dept. (DOJ) to enforce Title II, Subtitle A, of the ADA, which prohibits discrimination based on disability by public entities such as State and local governments. It evaluates DOJs regulations and policies clarifying the language of the statute; processing of complaints of discrimination based on disability; litigation; and outreach, education, and technical assistance efforts relating to the act. Assesses DOJ's effectiveness as coordinator of the ADA enforcement efforts of 7 other Federal agencies.
This report is based on the public hearing on the Americans with Disabilities Act which the U.S. Commission on Civil Rights held on November 12-13, 1998 to "investigate how the ADA was accomplishing its objectives of ensuring equality, independence, and freedom for people with disabilities"--P iii
This revised title II regulation integrates the Department of Justice's new regulatory provisions with the text of the existing title II regulation that was unchanged by the 2010 revisions. Includes a section for guidance and analysis.