Daily Living

Americans with Disabilities Act of 1990 (ADA)

The ADA is a civil rights act that protects people with disabilities from discrimination by any local or state government service, program, or activity. This is regardless of whether they receive federal funding or how many employees they have. The ADA, however, does not guarantee a right to FAPE, nor does it contain specific special education rules or requirements.

Public schools are covered under Title II of the ADA. Title II says that these schools must provide program access in an integrated setting unless separate programs are necessary to ensure equal benefits or services. If changes are required in order to meet the needs of children with disabilities, the schools must do whatever they can to ensure that individuals with disabilities receive the same benefits and services offered to others without disabilities.

Private, nonreligious schools fall under Title III of the ADA, which prohibits discrimination by institutions that are open to individuals of the public. According to this act, these schools must have eligibility standards that are fair to everyone, including people with disabilities. They must make whatever changes are necessary – yet reasonable – in their polices, practices, and procedures in order to accommodate people with disabilities, unless doing so would change the very nature of the program. Finally, unless some undue burden on the school would result, they must provide assistance n communication when necessary, such as interpreters, notetakers, or readers.

Title III does not cover religious institutions and consequently excludes private schools that are directly operated by religious institutions. This law is also under the jurisdiction of the OCR.

Individuals with Disabilities Education Act (IDEA)

IDEA provides federal funds to help state and local educational agencies in making special education and related services available to eligible children with disabilities. IDEA is administered by the Office of Special Education Programs (OSEP) in the Office of Special Education and Rehabilitative Services in the U.S. Department of Education.

A child with a disability must meet the criteria of one or more of 13 disability categories and they must need special education and related services. Children with diabetes come under the “other health impairment” category of this program, but not all children with diabetes qualify for protection under IDEA. To qualify by law, a student’s diabetes must have a major effect on their educational performance. For example, children who are unable to concentrate due to constantly reoccurring high or low blood glucose levels qualify for special education under IDEA. Children only needing related services and not special education do not qualify.

Children who meet IDEA qualifications have a right to a free appropriate public education. In this instance, FAPE means special education and related services that meet state standards and are provided in conjunction with an individualized education program (IEP).

An IEP states the goals for your child’s progress in school and how those goals will be met. It should be developed by a team representing various viewpoints and areas of expertise. The team should involve school personnel who work with your child directly, but parents can request additional people to serve on the team who are knowledgeable about the disability of your child. The additional team members can be professionals, a friend, advisor, etc. When appropriate, the student should be included.

Sources:

1 - LD Online. "Understanding the Differences Between IDEA and Section 504," 2002. www.ldonline.org/article/6086. Accessed 11/9/06.

2 - U.S. Department of Education. “Individuals with Disabilities Education Act” February 17, 2005. PDF brochure downloaded from http://idea.ed.gov. Accessed 11/9/06.

Reviewed by Francine Kaufman, MD. 4/08