ADA - State and Local Government Services and Operations -     

Title II - Summary

Effective January 26, 1992. Public entities may not discriminate against individuals with disabilities. Includes public entities that were not previously covered by the Rehabilitation Act of 1973 because they did not receive Federal funding. The ADA also applies to government activities that are actually carried out by private contractors or agencies. School systems must be accessible. A government agency must provide the "auxiliary aids and services" the person needs in order to ensure effective communication. The government may not charge any extra fee for providing an interpreter or other auxiliary aid.

Title III - Summary

Effective January 26, 1992. The following private entities are considered public accommodations for purposes of this subchapter, if the operations of such entities affect commerce. "A nursery, elementary, secondary, undergraduate, postgraduate, private school, or other place of education." Auxiliary aids and services must be provided to individuals with hearing impairment or other individuals with disabilities to ensure effective communication, unless an undue burden would result. The ADA also requires private organizations that offer examinations or courses for licensing, certification, or credentials to provide appropriate auxiliary aids or interpreters. This applies to high school or college education and to professional and trade training. Examinations must be used that best reflect an individual's aptitude or achievement level rather than reflecting the person's impairment.

Public Law 94-142

Individuals with Disabilities Education Act renamed in 1990 from the Education of All Handicapped Children Act passed in 1975, for the purpose of assuring that states provide "free appropriate public education and related services designed to meet the unique needs" of all handicapped children. Provides the states with money for special education. Education must take place in the least restrictive environment, requiring states to ensure to the maximum extent possible, handicapped children are educated with children, who are not handicapped called "mainstreaming or inclusion". Special classes and separate school placements are appropriate only when the handicap is of such a nature or severity that placement in regular classes with the use of supplementary aids and services will not meet the educational needs of that child satisfactorily. Public or private schools may not require parents to pay for the cost of educating handicapped children. The term "functional exclusion" is used when a child is physically exposed to the same experiences as the other children, but does not gain anything from the instruction, the experiences are mostly incomprehensible without support services. The school system must devise an appropriate "individual Educational Program", (IEP) under PL 94-142 for each child with a disability.