Return to Newsletter | Revised 2-20-02
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Bureau for Students with
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A project funded by the Georgia State Improvement Grant
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On-Line - Fall 2000
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This past summer we observed many celebrations of the tenth anniversary of the passage of the Americans with Disabilities Act of 1990 (ADA). Most special educators know that this act, along with Section 504 of the Rehabilitation Act of 1973 and the 1997 reauthorization of the Individuals with Disabilities Education Act, form the legal basis which protect the rights of students with disabilities to a full and rewarding education. Many may not know how the ADA affects our students, however.
The ADA prohibits both public and private facilities, including schools, from discriminating against persons with disabilities or illness, including AIDS. Generally speaking, it is Titles II and III which offer protection to students with physical disabilities and health impairments. Title II is applicable to public agencies, including public schools. It requires that all new buildings constructed with government funds be accessible. In addition, any alterations to an old building must include provisions to make the newly altered portion of the building accessible. Title III affects public accommodations, including private schools, in much the same manner. Thus all public and private schools are required to provide reasonable accommodations which do not cause undue hardship.
The definition of disability is broader under the ADA than that found in the Individuals with Disabilities Education Act Reauthorization of 1997 (IDEA). IDEA requires that the child's disability or illness directly affect school performance. The ADA covers those individuals who have a physical, mental and/or health impairment limiting a major life activity, or who have a history of impairment, or who are regarded as having an impairment. Thus, a child with an orthopedic impairment whose education is not being affected by the impairment and is not covered by IDEA is covered by ADA and by the Rehabilitation Act. So, too, are those students with chronic illness or infectious disease, such as AIDS.
By looking at the broad scope of this law, we can see that the passage of the ADA ten years ago was a landmark in the protection of students with physical and health disabilities. The past ten years have been ones of remarkable growth, both in Georgia and elsewhere, giving us cause for celebration. For more information on the ADA in our state, contact the South East Regional Disability and Business Technical Assistance Center at 404-888-0022 (voice) or 404-888-9098 (TDD).
- by Liz Cohen, Georgia State University
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