Changes to the Americans with Disabilities Act and Effects on Section

February 11th, 2009 By: Diane Trim in Articles, School Law, Special Needs

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Last September, President Bush signed the ADA Amendments Act (ADAA) of 2008, which amended the Americans with Disabilities Act (ADA) and lowered standards for determining disability and broadened the major life activities that constitute impairment.

Section 504 of the Rehabilitation Act falls under ADA’s umbrella and follows the same definitions and standards as the ADA. So, when the ADAA took effect on January 1, 2009, it changed Section 504 as well.

Congress’s intent, according to the law (http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:s3406enr.txt.pdf ), was to restore the intent and protections of the ADA. The amendment states that Congress finds Supreme Court decisions, “narrowed the broad scope of protection intended to be afforded by the ADA.” Because of this narrowing, Congress found that lower courts were denying disabled status to people who have substantially limiting impairments.

Section 504 provides a disabled student protection against discrimination in the schools as well as in the workplace and public. It recognizes that schools need to provide all students, able-bodied and disabled, with a free, appropriate, public education (FAPE). For students who qualify as disabled, Section 504 requires schools to make reasonable accommodations.

One of the ways a person is determined to be disabled is from the limitations her major life activities like caring for herself, hearing, and speaking. New to the ADA’s list of major life activities are reading, concentrating, and thinking, which are all school-related functions.

The ADAA also added language about devices, medication, and behavior modification that the disabled can use to improve their condition. With the exception of eyeglasses and contact lenses, the amendment to the ADA says that determining the extent that impairment affects a person’s life needs to be done, “without regard to the ameliorative effects of mitigating measures.” In other words, for purposes of evaluation, look at the individual as if she were not taking medication, using a walker, or using behavior modification techniques.

Congress’ first finding was that the ADA should eliminate discrimination against disabled individuals and provide broad coverage for the disabled. The months ahead will likely bring changes for the person who administers the Section 504 plans in your school as well as for the teachers who have students with Section 504 plans in class.

Tags: ADHD, section 504

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