The ADA Amendments Act and Post-Secondary Education. Presented by L. Scott Lissner Friday, April 15, 2011 . POWERPOINT PRESENTATIONS CAN BE DANGEROUS.
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Presented by L. Scott Lissner
Friday, April 15, 2011
NASA's Columbia Accident Investigation Board identified simplistic thinking from an over-reliance on PowerPoint presentations as a contributing factor in the Columbia shuttle disaster.
(New York Times Magazine 12/14/2003)
Provide equally effective access to programs, benefits and services for qualified individuals with disabilities in the most integrated manner possible
Section 504 of the Rehabilitation Act 34 CFR 104 &
Title II of the Americans With Disabilities Act 28 CFR 35
PUT ANOTHER WAY
that substantially limits a major life activity
Normal Cell Growth
Bladder“Major Life Activities” also include the operation of major bodily functions including but not limited to :
Cave Idus Martias
EEOC is final ADA AA Definition of Disability
Office of Federal Contracts Compliance Programs
Title III Section 36.309 (b)(1)
private entities that offer exams or
courses related to applications,
licensing, certification, or credentialing.
in a place and manner accessible
to persons with disabilities, or alternative
accessible arrangements provided.
Give considerable weight to documentation of past modifications, accommodations, or auxiliary aids or services received in similar testing situations including those provided in response to an Individualized Education Program or Section 504 Plan.
Request for documentation should be narrowly tailored to ascertain the individual's need for the requested modification or auxiliary aid.
Generally, a testing entity should accept without further inquiry documentation provided by a qualified professional who has made an individualized assessment of the applicant. Appropriate documentation may include a letter from a qualified professional or evidence of a prior diagnosis, accommodation, or classification, such as eligibility for a special education program.
It is only through understanding an individual's experience in the context that we can translate diagnostic evaluations into useable information on the barriers and facilitators to access and full participation.
Arline v. Nassau County, 1987
“Congress acknowledged that society's accumulated myths and fears about disability and disease are as handicapping as are the physical limitations that flow from actual impairment.”
Video Accessibility Act
“There is no doubt that the internet sites of State and local government entities are covered by Title II of the ADA. Similarly, there is no doubt that the websites of recipients of Federal financial assistance are covered by Section 504 of the Rehabilitation Act.”
Advance Notices of Proposed Rulemaking published July 26 (http://www.ada.gov/anprm2010.htm)
DOJ sets performance standards
Sections 35.160(d), 36.303(f)
does work or performs tasks
for the benefit of an individual
with a disability (including
psychiatric, cognitive, mental)
dissociative identity disorder
to remain grounded
or destructive behavior
or rescue work
If this is the only function,
not considered a
Can’t ask about disability
“Any mobility device powered by batteries, fuel, or other engines—whether or not designed primarily for use by individuals with mobility disabilities—that is used by individuals with mobility disabilities for the purpose of locomotion.”
Covered entity must make reasonable modifications to permit individuals with mobility disabilities to use OPDMDs unless the entity can demonstrate that the class of OPDMD cannot be operated in accordance with legitimate safety requirementsadopted by the entity.
Can request a “credible assurance” that an OPDMD is required because of the person’s disability.
May not ask about nature and extent of disability.
Develop a policy clearly stating circumstances
when use of OPDMD’s is permitted.
Title II: Sections 35.104, 35.137
Title III: Sections 36.104, 36.311
Title II Section 35.151(f)
Title III Section 36.406(e)
New category for residence halls.
Meet the requirements for transient lodging and specific requirements for accessible routes throughout the unit and accessible turning spaces and work surfaces in kitchens from the residential facilities standards
Apartments or townhouse facilities that are provided with a lease on a year-round basis exclusively to graduate students or faculty and that do not contain any public use or common use areas available for educational programming must comply with the requirements for residential facilities in sections 233 and 809 of the 2010 Standards.
Vertical Dispersion & Line of Sight
No additional requirements for captioning of communications or emergency information
Section 35.151(g) & Section 36.308
•Clear seating charts
•“Sell outs” and accessible seats
•Equivalent pricing and access limitations
“Effective date” -- March 15, 2011
“Compliance date” -- March 15, 2012
DOJ web site: www.ada.gov
DOJ information line: 800 - 514 - 0301 (voice) 800 - 514 - 0383 (TTY)
ADA TA Centers: 800-949-4232 (Voice/TTY)
Access Board: www.access-board.gov
Handout: Tips for the Transition to 2012
Yes when you can and no when you have to.
No when you can and yes when you have to.
L. Scott Lissner,
ADA Coordinator, The Ohio State University
Office of Diversity And Inclusion
1849 Cannon Drive
Columbus, OH 43210-1266
(614) 292-6207(v); (614) 688-8605(tty)