Impact of the New ADA Amendments on Schools

Training Provided by Lorman Education Services nOn January 1, 2009, new federal legislation took effect that dramatically expanded the range of individuals eligible for protections guaranteed by the Americans with Disabilities Act of 1990. ADA specified the rights guaranteed to individuals broadly qualified as "disabled." These rights applied to the areas of hiring and working conditions for all employees and also to students eligible for education accommodations under Section 504 of the Federal Rehabilitation Act of 1973. In subsequent years, Supreme Court decisions (Sutton v. United Airlines [1999], Toyota v. Williams [2002] and others) severely narrowed the range of disabled individuals considered eligible for ADA protection. Responding to concerns of both labor and education, Congress passed a body of amendments to ADA in September 2008 which effectively overturned the Court's interpretations and replaced them with a broader and more specific enumeration of what qualifies as a disability under ADA and Section 504. These changes will require many employers and school officers serving special needs students to change hiring, employment and student eligibility practices which may have been legal under the earlier Court opinions but are no longer valid under ADAAA. This teleconference will provide educators responsible for serving special needs students, as well as school administrators responsible for hiring and employment, with a review of these laws, examples and analyses of practices that the laws now require, and recommendations on how to achieve compliance. In addition to extending benefits for students who had previously been denied 504 services, awareness of these new amendments can prevent costly and disruptive legal proceedings for school districts. n nLearning Objectives n- You will be able to discuss legal and political background leading to the new ADA amendments of 2008. n- You will be able to recite impact of new ADA amendments on school services to special needs students. n- You will be able to summarize impact of new ADA amendments on school hiring and employment practices. n- You will be able to paraphrase examples of parent-school district conflicts arising from disputes over eligibility for Section 504.

Impact of the New ADA Amendments on Schools Agenda

1. Review of the Legal and Political Background Leading to the New ADA Amendments of 2008
1. Section 504 of the Federal Rehabilitation Act of 1973
2. Education of All Handicapped Children Act of 1975 (Reauthorized as the Individuals With Disabilities Education Act in 1990)
3. Americans With Disabilities Act (Title II) of 1990
4. Supreme Court Cases Narrowing the Field of Individuals Qualified for ADA and Section 504 Protection
1. Sutton v. United Airlines, Inc. (1999)
2. Toyota v. Williams (2002)
5. Americans With Disabilities Act Amendments Act (Sept. 25, 2008, Effective Jan. 1, 2009) Overturning the Sutton and Toyota Cases and Redefining Eligibility to Include a Far Wider Range of Individuals and Specifying New Requirements That All Employers and School Services Must Meet
2. Impact of New ADA Amendments on School Services to Special Needs Students
1. Specific Provisions of ADAAA That Affect Determination That a Student Has a Disability Under Section 504 of the Americans With Disabilities Act and the Potential for an Effect on Services to Students Classified for Special Education Under IDEA
2. Examples of Parent-School District Conflicts Arising From Disputes Over Eligibility for Section 504
3. Analyses of Probable Changes School District Special Education Administrators May Need to Adopt in Order to Comply With the New ADA Amendments and Enabling Regulations
3. Impact of New ADA Amendments on School Hiring and Employment Practices
1. Specific Provisions Within the New ADA Amendments That Affect the Hiring and Employment of Staff at Various Levels Within School Districts
2. Examples of Hiring Practices and Criteria Used by School Districts That Have Led to Disputes Involving ADA Mandates
3. Analyses of Probable Changes School District Personnel and Human Resource Administrators May Need to Adopt in to Comply With the New ADA Amendments and Enabling Regulations

About The Training Provider: Lorman Education Services

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