THE AMERICANS WITH DISABILITIES ACT : ADA POST AMENDMENTS Sharon Bellwood, Director Student Disability Services Greenville Technical College

ADA Evolution

• 1990: Signed into Law • 1992: Beginning implementation begins • 2000: Reauthorized: 10 th Anniversary • A series of “bad” Supreme Court Decisions: • 2008: Amendments approved • 2011: Final regulations published

ACCESS ADA vs. ADAA What changed?

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Equal opportunity expands to equal access

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Programs

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Services

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Events

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Benefits

Process

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Due process expands to the deliberative process

• “the critical examination of an issue involving the weighing of reasons for and against a course of action • “deliberative process” is a process allowing a group to receive and exchange information, to critically examine an issue, and to come to an agreement which will inform and effect decision making

What did not change?

3 ways to accommodate: AKA to say YES

1. Reasonable accommodation 2. Auxiliary aids and services 3. Alteration to policies and procedures 1.

3 reasons to deny: AKA to say NO

Fundamental Alteration

2.

Undue burden

3.

Direct Threat

This one changed a little bit… 

The trick is to use the “new” to implement the “old”

Implementing Access

• New construction standards: • Stadiums and places of public gathering • Web Accessibility • Reasonable accommodation redefined as a “means to access”.

• Inclusion gives way to Universal Design • New definition of a wheelchair • Definition of a service animal • Documentation to support the disability should not be exhaustive or cumbersome

Implementing the Deliberative Process

Begins with NOTICE: • Clearly outlined process for: • Requesting services • Approval of services • Implementation of services • • Clearly outlined process for: • How the final decision is made How to disagree with the decision • Substantial process to ensure all affected parties are represented