The phrase "physical or mental impairment" does not include homosexuality or bisexuality.
- Beyond Nature and Culture?
- Dermatology in Clinical Practice;
- Search Engine Optimization (SEO) Starter Guide.
- Character Animation in 3D (Focal Press Visual Effects and Animation Series).
- Meshdynamics User Guides, Manuals, Best Practices, Briefings, Patents.
- Moral Dilemmas and Moral Theory.
- The Secret Societies of All Ages & Countries - Volume 1.
Drug addiction is an impairment under the ADA. A public entity, however, may base a decision to withhold services or benefits in most cases on the fact that an addict is engaged in the current and illegal use of drugs. What is "illegal use of drugs"? Illegal use of drugs means the use of one or more drugs, the possession or distribution of which is unlawful under the Controlled Substances Act. It does not include use of controlled substances pursuant to a valid prescription, or other uses that are authorized by the Controlled Substances Act or other Federal law.
Alcohol is not a "controlled substance," but alcoholism is a disability. What is "current use"? A public entity should review carefully all the facts surrounding its belief that an individual is currently taking illegal drugs to ensure that its belief is a reasonable one. Does title II protect drug addicts who no longer take controlled substances? Title II prohibits discrimination against drug addicts based solely on the fact that they previously illegally used controlled substances.
Protected individuals include persons who have successfully completed a supervised drug rehabilitation program or have otherwise been rehabilitated successfully and who are not engaging in current illegal use of drugs. Additionally, discrimination is prohibited against an individual who is currently participating in a supervised rehabilitation program and is not engaging in current illegal use of drugs. Finally, a person who is erroneously regarded as engaging in current illegal use of drugs is protected. Is drug testing permitted under the ADA?
Public entities may utilize reasonable policies or procedures, including but not limited to drug testing, designed to ensure that an individual who formerly engaged in the illegal use of drugs is not now engaging in current illegal use of drugs. To constitute a "disability," a condition must substantially limit a major life activity.
Major life activities include such activities as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. When does an impairment "substantially limit" a major life activity? There is no absolute standard for determining when an impairment is a substantial limitation. Some impairments obviously or by their nature substantially limit the ability of an individual to engage in a major life activity. A person with a minor hearing impairment, on the other hand, may not be substantially limited.
An impairment substantially interferes with the accomplishment of a major life activity when the individual's important life activities are restricted as to the conditions, manner, or duration under which they can be performed in comparison to most people. Are "temporary" mental or physical impairments covered by title II? Yes, if the impairment substantially limits a major life activity. The issue of whether a temporary impairment is significant enough to be a disability must be resolved on a case-by-case basis, taking into consideration both the duration or expected duration of the impairment and the extent to which it actually limits a major life activity of the affected individual.
While it is expected that, with treatment, M will eventually recover full use of his hands, in the meantime he requires assistance in performing basic tasks required to care for himself such as eating and dressing.
Download Best Practices Manual Voliii Criteria For High Performance Schools
Because M's burns are expected to substantially limit a major life activity caring for one's self for a significant period of time, M would be considered to have a disability covered by title II. If a person's impairment is greatly lessened or eliminated through the use of aids or devices, would the person still be considered an individual with a disability? Whether a person has a disability is assessed without regard to the availability of mitigating measures, such as reasonable modifications, auxiliary aids and services, services and devices of a personal nature, or medication.
For example, a person with severe hearing loss is substantially limited in the major life activity of hearing, even though the loss may be improved through the use of a hearing aid. Likewise, persons with impairments, such as epilepsy or diabetes, that, if untreated, would substantially limit a major life activity, are still individuals with disabilities under the ADA, even if the debilitating consequences of the impairment are controlled by medication. The ADA protects not only those individuals with disabilities who actually have a physical or mental impairment that substantially limits a major life activity, but also those with a record of such an impairment.
This protected group includes -- 1 A person who has a history of an impairment that substantially limited a major life activity but who has recovered from the impairment. Examples of individuals who have a history of an impairment are persons who have histories of mental or emotional illness, drug addiction, alcoholism, heart disease, or cancer. Examples include persons who have been erroneously diagnosed as mentally retarded or mentally ill. Three typical situations are covered by this category: 1 An individual who has a physical or mental impairment that does not substantially limit major life activities, but who is treated as if the impairment does substantially limit a major life activity;.
- Who is this guide for?.
- Mechatronics and Robotics Engineering for Advanced and Intelligent Manufacturing.
- VLSI electronics : microstructure science / 4.
- ADA Title II Technical Assistance Manual?
Even though A does not actually have an impairment that substantially limits a major life activity, she is protected under the ADA because she is treated as though she does. B is an individual with a physical impairment that substantially limits her major life activities only as the result of the attitudes of others toward her impairment. Even though these rumors are untrue, C is protected under the ADA, because he is being subjected to discrimination by the county based on the belief that he has an impairment that substantially limits major life activities i.
The following conditions are specifically excluded from the definition of "disability": transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, other sexual behavior disorders, compulsive gambling, kleptomania, pyromania, and psychoactive substance use disorders resulting from current illegal use of drugs.
In order to be an individual protected by title II, the individual must be a "qualified" individual with a disability. To be qualified, the individual with a disability must meet the essential eligibility requirements for receipt of services or participation in a public entity's programs, activities, or services with or without -- 1 Reasonable modifications to a public entity's rules, policies, or practices; 2 Removal of architectural, communication, or transportation barriers; or. The "essential eligibility requirements" for participation in many activities of public entities may be minimal.
For example, most public entities provide information about their programs, activities, and services upon request. In such situations, the only "eligibility requirement" for receipt of such information would be the request for it. However, under other circumstances, the "essential eligibility requirements" imposed by a public entity may be quite stringent. Can a visitor, spectator, family member, or associate of a program participant be a qualified individual with a disability under title II? Title II protects any qualified individual with a disability involved in any capacity in a public entity's programs, activities, or services.
A parent who is a qualified individual with a disability with regard to these activities would be entitled to title II protection. Can health and safety factors be taken into account in determining who is qualified? An individual who poses a direct threat to the health or safety of others will not be "qualified. A "direct threat" is a significant risk to the health or safety of others that cannot be eliminated or reduced to an acceptable level by the public entity's modification of its policies, practices, or procedures, or by the provision of auxiliary aids or services.
The public entity's determination that a person poses a direct threat to the health or safety of others may not be based on generalizations or stereotypes about the effects of a particular disability. How does one determine whether a direct threat exists? The determination must be based on an individualized assessment that relies on current medical evidence, or on the best available objective evidence, to assess -- 1 The nature, duration, and severity of the risk; 2 The probability that the potential injury will actually occur; and,.
Making this assessment will not usually require the services of a physician. Medical guidance may be obtained from public health authorities, such as the U. Title II permits the board to refuse to allow the individual to participate on the grounds that the mentor's condition would be a direct threat to the health or safety of the children participating in the program, if the condition is contagious and the threat cannot be mitigated or eliminated by reasonable modifications in policies, practices, or procedures.
Most requirements of title II are based on section of the Rehabilitation Act of , which prohibits discrimination on the basis of handicap in federally assisted programs and activities.
The Americans with Disabilities Act
Section also applies to programs and activities "conducted" by Federal Executive agencies. The ADA similarly extends section 's nondiscrimination requirement to all activities of State and local governments, not only those that receive Federal financial assistance. Section was implemented in for federally assisted programs in regulations issued by the Department of Health, Education, and Welfare. Later, other Federal agencies issued their own regulations for the programs and activities that they funded. Public entities should be familiar with those regulations from their experience in applying for Federal grant programs.
As mandated by the ADA, the requirements for public entities under title II are consistent with and, in many areas, identical to the requirements of the section regulations. Therefore, the title II regulations include language that is adapted from other parts of the ADA but not specifically found in section regulations.
OSEP Technical Assistance Center
The ADA, like other civil rights statutes, prohibits the denial of services or benefits on specified discriminatory grounds. Just as a government office cannot refuse to issue food stamps or other benefits to an individual on the basis of his or her race, it cannot refuse to provide benefits solely because an individual has a disability. The ADA provides for equality of opportunity, but does not guarantee equality of results. The foundation of many of the specific requirements in the Department's regulations is the principle that individuals with disabilities must be provided an equally effective opportunity to participate in or benefit from a public entity's aids, benefits, and services.
On the other hand, as long as persons with disabilities are afforded an equally effective opportunity to participate in or benefit from a public entity's aids, benefits, and services, the ADA's guarantee of equal opportunity is not violated. State law requires the candidate to collect petition signatures in order to qualify for placement on the primary election ballot.
Going door-to-door to collect signatures is difficult or, in many cases, impossible for the candidate because of the general inaccessibility of private homes.
The law, however, provides over five months to collect the signatures and allows them to be collected by persons other than the candidate both through the mail and at any site where registered voters congregate. With these features, the law affords an equally effective opportunity for the individual who uses a wheelchair to seek placement on the ballot and to participate in the primary election process.
Also, the ADA generally does not require a State or local government entity to provide additional services for individuals with disabilities that are not provided for individuals without disabilities. Specific requirements for physical access to programs and communications are discussed in detail below, but the general principle underlying these obligations is the mandate for an equal opportunity to participate in and benefit from a public entity's services, programs, and activities.
A primary goal of the ADA is the equal participation of individuals with disabilities in the "mainstream" of American society. The major principles of mainstreaming are A separate program must be appropriate to the particular individual. A public entity may offer separate or special programs when necessary to provide individuals with disabilities an equal opportunity to benefit from the programs.
Such programs must, however, be specifically designed to meet the needs of the individuals with disabilities for whom they are provided. A municipal museum may offer a special tour for individuals with vision impairments on which they are permitted to touch and handle specific objects on a limited basis.
It cannot, however, exclude a blind person from the standard museum tour. The integrated setting requirement may conflict with the obligation to provide program accessibility, which may not necessarily mandate physical access to all parts of all facilities see II Provision of services to individuals with disabilities in a different location, for example, is one method of achieving program accessibility. Public entities should make every effort to ensure that alternative methods of providing program access do not result in unnecessary segregation.
Also, where "magnet" schools, or schools offering different curricula or instruction techniques are available, the range of choice provided to students with disabilities must be comparable to that offered to other students. Even if a separate or special program for individuals with disabilities is offered, a public entity cannot deny a qualified individual with a disability participation in its regular program.
Qualified individuals with disabilities are entitled to participate in regular programs, even if the public entity could reasonably believe that they cannot benefit from the regular program. Similarly, a deaf person may not be excluded from a museum concert because of a belief that deaf persons cannot enjoy the music. The fact that a public entity offers special programs does not affect the right of an individual with a disability to participate in regular programs. The requirements for providing access to the regular program, including the requirement that the individual be "qualified" for the program, still apply.
Related Best Practices Manual, Vol.III: Criteria for High Performance Schools
Copyright 2019 - All Right Reserved