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Americans with Disabilities Act (PL 101-336) 1990

The Americans with Disabilities Act (ADA) provides major civil rights protections for individuals with disabilities. On July 26, 1990 President Bush signed the ADA into law. Nondiscrimination protections outlined in this federal legislation allow for equal opportunities in the many aspects of community life. Barriers in the areas of employment, transportation, telecommunications, public accommodations and public services are addressed to permit an improved quality of life. The intent of the law was to end both intentional and nonintentional discrimination (Kirk, Gallagher, & Anastosiow, 2000). Individuals with disabilities of all ages are covered under this law which protects over 43 million Americans with an impairment that substantially limits daily life activities. The U.S. Department of Justice monitors enforcement of the law and compliance. More detailed information about the law can be found below in these topics:

Who is Covered By The Law?

ADA benefits and protections are afforded to those with disabilities. Disabilities are defined as under Section 504 of the Rehabilitation Act. More specifically, this includes a person who has, has a history of having, or is regarding as having a physical or mental impairment that significantly limits one or more of life's major functions. Children and adolescents who are served under The Individuals with Disabilities Education Act also receive the benefits of ADA. However, the law also extends to cover individuals of any age who might have a number of impairments. These may include persons with communicable diseases; health conditions such as diabetes, arthritis, and severe asthma or allergies; mental health or behavioral needs; attention deficit disorders; and other physical disabilities. Walking, speaking, seeing, breathing, learning, hearing, working, or caring for one-self are activities which can be considered major life activities. Disability is more broadly defined in ADA than in IDEA. (Turnbull, & Turnbull, 1998)

Requirements and Protections of ADA

A brief synthesis of the major areas with respective requirements and protections of ADA is provided below. You can access additional and specific information from the resources provided at the end of the section.

Area Requirements and Protections
  • Employment in Private Sector
  • Qualified individuals with disabilities may not be discriminated against in the employment process
  • Reasonable accommodations must by provided by employers for individuals with disabilities to perform the needed requirements of a job
  • Accommodations which would incur "undue hardship" do not need to be provided
  • Compliance for employers with 25+ employees began in July 1992; with 15-24 employees in July, 1994
  • Public Accommodations Owned Privately (Hotels, Restaurants, Theaters, Retail Stores, Doctor's Offices, etc)
  • Privately run enterprises providing public accommodations can not discriminate against individuals with disabilities
  • Physical barriers in existing buildings must be removed or alternate methods of providing service offered, if readily achievable
  • New construction and alterations to existing structures should be accessible
  • Aids and services should be provided for those with vision and hearing impairments unless an undue burden is incurred
  • Transportation (Public & Private)
  • New buses and rail cars ordered after July, 1990 must be accessible
  • Separate rules for public bus and rail systems and privately operated bus and van companies are identified
  • If fixed bus routes are inaccessible, authorities must provide an alternate/comparable means of transportation
  • New constructions in bus and train stations must be accessible
  • Telecommunications
  • All telecommunication services must offer relay services for individuals with hearing or speech impairments
  • Closed captioning of public service announcements must be provided
  • Telephone service companies providing service to the general public must offer telephone relay services to those who use telecommunication devices for the deaf (TDD) or other similar devices
  • Public Services (State & Local Government)
  • State and local governments may not discriminate against individuals with disabilities in employment and in other services they provided (housing, recreation, etc)
  • All government facilities, services, and communications must be accessible

Implications for Parents Students and Families

The law provides for access to the many important facets of community life. Students and their families are entitled to equal access in areas outside education. The independence and economic self-sufficiency that ADA provides for are critical factors for families to be both aware of and plan for in the lives of their children. Students themselves need to be aware of their rights and knowledgeable in their use in the post-school world. (Turnbull & Turnbull, 1998).

Implications for Teachers and Professionals

Educators and professionals in implementing IDEA will need to prepare students for successful post-school outcomes, which include access to the rights and entitlements of ADA. Special educators may need to provide instruction to students in the use of public transportation and/or the use of telecommunications systems. Professionals will also need to prepare students to access the opportunities in public and private accommodations and services, which are available to them.

Resources and References on ADA

Online Documents on ADA

  • Henderson, K. (1995). An Overview of ADA, IDEA, and Section 504. ERIC EC Digest E537. The ERIC Clearinghouse on Disabilities and Gifted Education. Reston, VA: The Council for Exceptional Children.
    http://www.ericec.org/digests/e537.html

  • National Joint Committee on Learning Disabilities (1992). Learning disabilities and the Americans with Disabilities Act I (ADA).
    http://www.ldonline.org/njcld/ada.html

Web Resources on ADA

  • Americans with Disabilities Act Document Center. This site provides links to the ADA statutes and regulations, as well as access to technical assistance documents. The site was created by Duncan Kinder and the Job Accommodation Network.
    http://janweb.icdi.wvu.edu/kinder/

  • Federal Communications Commission's Disabilities Issues Task Force.
    http://www.fcc.gov/dtf

  • United States Department of Justice American with Disabilities Act ADA Home Page. This searchable site provides technical assistance materials, current and proposed regulations, and additional information on ADA policies and enforcement.
    http://www.usdoj.gov/crt/ada/adahom1.htm

  • United States Department of Transportation Accessibility Homepage. This site provides "transportation-related information and resources under the Americans with Disabilities Act."
    http://www.dot.gov/accessibility

Print Resources on ADA

Kirk, S. A., Gallagher, J. J., & Anastasiow, N. J. (2000). Educating exceptional children (9th ed.). Boston: Houghton Mifflin Company.

Turnbull, H. R. III, & Turnbull, A. P. (1998). Free appropriate public education: The law and children with disabilities (5th ed.). Denver: Love Publishing Company.

Ysseldyke, J. E., Algozzine, B., & Thurlow, M. (2000). Critical issues in special education (3rd ed.). Boston: Houghton Mifflin Company.


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