Transcript The Americans with Disabilities Act : ADA Post Amendments
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