LAW-403 Midterm

disability

A physical or mental impairment that substantially limits a major life activity.

major life activities?

• Seeing

• Hearing

• Walking

• Speaking

• Learning

• Working

• Sleeping

• Eating

• Caring for oneself

• Social interaction

People with a record of a disability, People who are regarded as having a disability

Who else is protected under disability law besides people currently experiencing impairments?

29%

How common is disability in the United States?

37%

What is the employment-population ratio for people with disabilities?

At least 2 out of 3.

What percentage of people with disabilities are willing and able to work?

87%

How many people with disabilities report experiencing discrimination?

medical model of disability

A framework where disability is treated as a medical problem rather than a civil rights issue.

• Based on charity rather than civil rights

• Focus on medical treatment

• Special privileges provided

• Service providers or family make decisions instead of patient (just very patronizing)

• Accessibility often ignored

1970s

When did the disability rights movement emerge?

the disability rights movement

Rejection of the medical model

Self-determination

Equality of opportunity

Independent living

Control over decision-making

Desegregation of classrooms

Ed Roberts, judy heuman

disability rights advocators

no, but it was nominated

did crip camp win any awards?

Architectural Barriers Act (1968)?

A law requiring accessibility in federally funded buildings.

the Rehabilitation Act of 1973

The first major federal disability civil rights law, including Section 504, which prohibits disability discrimination in federally funded programs.

the Education for All Handicapped Children Act (1975)

A: A law guaranteeing free appropriate public education (FAPE) for children with disabilities (later renamed IDEA).

Fair Employment Housing Act

A federal law prohibiting discrimination in housing.

covers:

• Rental

• Sales

• Lending

• Insurance

• Zoning practices

policy goal is
“To provide, within constitutional limitations, fair housing throughout the United States.”

• Enacted: 1968

• Amendments: 1974 and 1988 Protected Classes

original protected classes under the Fair Housing Act?

• Race, Color, Religion, National origin

• sex added in 74

• disability added 88

those who must follow the fair housing act

• Owners

• Property managers

• Homeowners associations

• Lenders

• Real estate agents

• Brokers

• Government entities

• Developers

• Builders and contractors

• Anyone involved in residential housing

who is exempt from following the fair housing act

personal home owners renting out

who’s covered by the fair housing act (they cannot discriminate per FHA)

• Private housing

• Subsidized housing

• Single-family homes

• Duplexes

• Multi-family buildings

• Migrant housing

• Temporary shelters

• Group homes

• Nursing homes

• Assisted living facilities

• University housing

prohibited practices under fair housing act

• Refusing to sell or rent housing

• Discrimination in terms or conditions

• Discriminatory statements

• Providing false information

• Steering

• Discrimination in brokerage services

• Coercion, intimidation, threats, or interference

yes, fair housing act

are these discriminatory and under what?

• Requiring medical records to prove someone can live independently

• Requiring excess security deposits

NO

Under the FHA, can a lanlord:

• Refuse reasonable accommodations in rules or policies

• Refuse reasonable modifications to housing

reasonable accomodation

A change in a rule, policy, practice, or service necessary for a person with a disability to have equal opportunity to use and enjoy housing.

• Changing rent due date to align with disability benefits

• Allowing transfer to a quieter unit

• Waiving a “no pets” policy for service animals or emotional support animals

MUST SHOW:

1. Reasonable

2. Necessary

3. Nexus (connection between disability and request)

reasonable modification under FHA

A physical change to a dwelling or common area that allows a person with a disability to use the housing.

• Installing grab bars in bathrooms

• Widening doorways

• Lowering kitchen cabinets

• Installing ramps

• Altering walkways for accessibility

• Installing blinking doorbells or alarms for deaf residents

• Adding braille signage for blind residents

The person requesting the accommodation initially

Who has the burden of showing an accommodation is reasonable?

If it would cause:

• Undue financial burden

• Undue administrative burden

• Fundamental alteration of the housing provider’s operations

When can a housing provider deny an accommodation?

undue financial burden

these factors determine ____________

A:

• Cost

• Benefit to tenant

• Provider’s financial resources

• Availability of cheaper alternatives

the provider

who has to prove the accommodation is unreasonable?

necessary

If an accomodation:

• Promotes equal opportunity to use and enjoy housing

• Improves quality of life by reducing disability-related barriers

it is __________

nexus

In housing accommodations this is a connection between:

1. The disability

2. The requested accommodation

3. The ability to use and enjoy housing

When the disability is not obvious.

When can a housing provider request documentation?

No

Must tenants disclose their diagnosis?

reliable documentation

• Credible personal statement

• Proof of disability benefits

• Other reliable documentation

-Transfer to a quieter unit

-Permission to install soundproofing

Examples of Nexus

Q: Example: tenant with disability aggravated by noise. What accommodation might they request?

• Flashing or vibrating fire alarms

• Blinking doorbells

• Visual intercom systems

• Text or email communication instead of phone calls

• Accessible emergency notifications

Examples of Nexus

Example: tenant who is deaf. What accommodation might they request?

interactive process in housing accommodations

A: If a landlord denies a request, they should discuss alternative solutions with the tenant to meet disability-related needs.

expectation of tenants during the interactive process

A: Tenants should be willing to work collaboratively with the housing provider to find effective solutions.

Section 504 of the Rehabilitation Act?

It was the first federal disability civil rights law protecting people with disabilities.

A federal civil rights law that prohibits discrimination on the basis of disability in programs and activities receiving federal financial assistance.

federal dunding

Section 504 requires entities receiving ___________ must provide equal access and avoid discrimination against individuals with disabilities.

entities that must comply w section 504

• Public schools

• Colleges and universities receiving federal funds

• Hospitals receiving federal funds

• Government agencies receiving federal funding

• Programs receiving federal grants or contracts

504 Plan

A plan developed by schools to provide accommodations and supports for students with disabilities so they can access education.

NOT a personalized education plan

• Extended time on tests

• Preferential seating

• Modified assignments

• Assistive technology

• Behavior supports

• Adjusted classroom environment

supports might a 504 plan include?

accommodations, specialized instruction

How a 504 Plan differs from an IEP

A:

• 504 Plan: __________ only

• IEP (IDEA): _______________ + services

ADA - Americans with disabilities act

A comprehensive civil rights law prohibiting discrimination against individuals with disabilities.

goal is to ensure equal opportunity, full participation, independent living, and economic self-sufficiency for people with disabilities.

enacted 1990

ADA Title II

covers state and local government programs, services, and activities.

those who must comply

• State governments

• Local governments

• Public schools

• Public universities

• Public transportation systems

• Courts

• Police departments

• Public hospitals

receiving federal funding, all state and local government entities, funding

the key difference between Section 504 and ADA Title II

A:

• Section 504: applies only to entities _____________

• ADA Title II: applies to ________________________, regardless of ________

program accessibility

Public entities must ensure programs and services are accessible to people with disabilities.

• Accessible entrances

• Elevators

• Accessible restrooms

• Accessible classrooms

• Accessible transportation

communication

ADA required that Public entities must provide effective _______________for people with disabilities.

examples are:

• Sign language interpreters

• Captioning

• Written materials in accessible formats

• Assistive listening devices

• Braille materials

reasonable modification

Changes in policies, practices, or procedures necessary to avoid discrimination.

reasonable modification

Allowing a service animal in a building with a no-pets policy.

If it would:

• Cause a fundamental alteration of the program

• Create undue financial or administrative burden

When may a public entity deny a requested modification?

the ADA integration mandate

requires People with disabilities must receive services in the most integrated setting appropriate.

Yes

Does ADA prohibit retaliation or coersion against individuals who assert disability rights.

-Federal agencies

-U.S. Department of Justice (DOJ)

Who enforces Section 504 and ADA Title II?

Examples of discrimination under Section 504 or ADA Title II

• Denying admission to a student because of disability

• Refusing reasonable accommodations

• Inaccessible buildings or services

• Excluding someone from programs or activities

39.3%

: What percentage of California housing complaints were disability-related in 2020?

ADA Title III

regulates public accommodations and commercial facilities, ensuring access for individuals with disabilities.

These places must comply with ____________:

• Private businesses

• Nonprofit organizations

• Private entities providing goods or services to the public

No

Does Title III allow damages?

yes

Do Section 504 and ADA Title II provide damages?

owned, limited/exclusive

Title III applies to privately ________ entities with PUBLIC accommodations;

but entities that provide services to a ________ groups are exempt

public accommodation

A private business or facility that provides goods or services to the public.

• Restaurants

• Hotels

• Movie theaters

• Retail stores

• Shopping centers

• Private schools

• Day care centers

• Doctor’s offices

• Pharmacies

• Museums

• Gyms

commercial facility

under ADA Title III this is a
A non-residential facility used for business operations, even if it is not open to the public.

• Office buildings

• Factories

• Warehouses

types of discrimination are prohibited under ADA Title III

• Denial of participation

• Unequal benefits

• Separate or unequal services

• Eligibility criteria that screen out people with disabilities

• Failure to provide reasonable modifications

reasonable modifications

A: Changes to policies, practices, or procedures necessary to allow people with disabilities to access goods and services.

auxiliary aids and services

A: Tools or services that help ensure effective communication with people who have disabilities.

Examples of auxiliary aids and services

• Sign language interpreters

• Captioning

• Assistive listening devices

• Braille materials

• Large-print materials

• Screen-reader compatible documents

architectural barriers

Physical obstacles that make buildings or spaces inaccessible to people with disabilities.

Examples of architectural barriers

A:

• Stairs without ramps

• Narrow doorways

• Inaccessible restrooms

• Lack of elevators

• High counterparts

Remove barriers when it is readily achievable.

What must businesses do regarding architectural barriers?

readily achievable

A: Easily accomplishable without much difficulty or expense.

Examples of readily achievable barrier removal?

A:

• Installing ramps

• Rearranging furniture

• Installing grab bars

• Lowering paper towel dispensers

• Widening doorways when possible

accessibility requirements for new construction under ADA Title III

New buildings must be fully accessible and comply with ADA accessibility standards.

accessible to the maximum extent feasible.

when existing facilities are altered Alterations must make the facility _________________________

service animal under the ADA

A dog trained to perform tasks for a person with a disability.

Examples of tasks performed by service animals?

• Guiding individuals who are blind

• Alerting individuals who are deaf

• Detecting seizures

• Assisting with mobility

• Retrieving objects

No

Are emotional support animals considered service animals under ADA Title III?

-Is the animal required because of a disability?

-What work or task has the animal been trained to perform?

What two questions can businesses ask about a service animal?

• They cannot ask about the person’s disability

• They cannot require documentation or certification for the service animal.

What two questions can businesses NOT ask about a service animal?

• If the animal is out of control and the handler cannot control it

• If the animal is not housebroken

When can a service animal be removed from a facility?

direct threat

under ADA Title III this is A significant risk to the health or safety of others that cannot be eliminated by reasonable modifications.

U.S. Department of Justice (DOJ)

Who enforces ADA Title III?

• Injunctive relief (court orders requiring compliance)

• Civil penalties

• Attorney’s fees

What remedies are available for ADA Title III violations

IDEA - Individuals with Disabilities Education Act.

the purpose is To ensure that children with disabilities receive a free appropriate public education (FAPE) designed to meet their unique needs.

originally enacted in 1975 as the Education for All Handicapped Children Act (EAHCA).

Core principles are:

• Free Appropriate Public Education (FAPE)

• Appropriate Evaluation

• Individualized Education Program (IEP)

• Least Restrictive Environment (LRE)

• Parent Participation

• Procedural Safeguard

FAPE - Free Appropriate Public Education

Core principle of IDEA

Special education and related services provided at no cost to parents and designed to meet a student’s individual needs.

MUST INCLUDE

• Special education

• Related services

• Individualized education program

• Access to general education curriculum

A comprehensive evaluation.

What is required before a student can receive special education services?

Must determine

• Whether the student has a disability

• Whether the student needs special education services

Must be

• Non-discriminatory

• Conducted in the student’s native language when possible

• Comprehensive

IEP - Individualized Education Program

A written educational plan for a student with a disability.

must include:

• Current performance levels

• Measurable annual goals

• Special education services

• Related services

• Accommodations or modifications

• Participation in general education

• Transition planning (when applicable)

IEP team

• Parents or guardians

• Special education teacher

• General education teacher

• School representative/administrator

• Evaluation specialist

• The student (when appropriate)

Least Restrictive Environment

Students with disabilities must be educated with nondisabled peers to the maximum extent appropriate.

A: Only when education in regular classrooms cannot be achieved satisfactorily with supports.

When can students be placed in separate classrooms or schools?

related services under IDEA

Support services required for students to benefit from special education.

Examples of related services

• Speech therapy

• Occupational therapy

• Physical therapy

• Counseling

• Transportation

• Psychological services

• Participate in meetings

• Review educational records

• Consent to evaluations

• Challenge school decisions

What rights do parents have under IDEA?

procedural safeguards

Legal protections ensuring that the rights of children with disabilities and their parents are protected.

Examples of procedural safeguards

• Written notice before changes to services

• Access to educational records

• Mediation

• Due process hearings

• Right to appeal decisions

the Child Find requirement

Schools must identify, locate, and evaluate children with disabilities who may need special education services.

transition planning under IDEA

A: Planning to help students move from school to adult life.

must begin
By age 16 (sometimes earlier depending on state rules).

Yes, but additional protections apply

Are students with disabilities subject to school discipline?

manifestation determination

A review to determine whether a student’s behavior was caused by their disability.

• Mediation

• Due process hearing

• State complaint

What options exist if parents disagree with a school’s special education decisions?

in cases of Private housing, the tenant pays (landlord must allow it but does not have to pay for it)

• Installing a ramp

• Widening a doorway

• Installing grab bars

in cases of federally funded housing (public housing) the housing provider may be required to pay for the modification

Who pays for reasonable modifications is housing?