This week, we celebrate and applaud the 25th Anniversary of the Americans with Disabilities Act (ADA). In our firm, we work each in every day to help individuals with disabilities achieve meaningful benefits and live a fulfilling life. The ADA and the ADA Amendments Act of 2008 guarantee civil rights protections to individuals with disabilities—whether physical, cognitive or emotional– and prevent discrimination. The law ensures equal opportunity for individuals with disabilities for access to public spaces, businesses, employment, transportation, state and local government programs and services, and telecommunications. 
We reaffirm the findings of the ADA as articulated by Congress in 1990, which unfortunately remain equally true today:
- physical or mental disabilities in no way diminish a person’s right to fully participate in all aspects of society, yet many people with physical or mental disabilities have been precluded from doing so because of discrimination; others who have a record of a disability or are regarded as having a disability also have been subjected to discrimination;
- historically, society has tended to isolate and segregate individuals with disabilities, and, despite some improvements, such forms of discrimination against individuals with disabilities continue to be a serious and pervasive social problem;
- discrimination against individuals with disabilities persists in such critical areas as employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and access to public services;
- unlike individuals who have experienced discrimination on the basis of race, color, sex, national origin, religion, or age, individuals who have experienced discrimination on the basis of disability have often had no legal recourse to redress such discrimination;
- individuals with disabilities continually encounter various forms of discrimination, including outright intentional exclusion, the discriminatory effects of architectural, transportation, and communication barriers, overprotective rules and policies, failure to make modifications to existing facilities and practices, exclusionary qualification standards and criteria, segregation, and relegation to lesser services, programs, activities, benefits, jobs, or other opportunities;
- census data, national polls, and other studies have documented that people with disabilities, as a group, occupy an inferior status in our society, and are severely disadvantaged socially, vocationally, economically, and educationally;
- the Nation’s proper goals regarding individuals with disabilities are to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for such individuals; and
- the continuing existence of unfair and unnecessary discrimination and prejudice denies people with disabilities the opportunity to compete on an equal basis and to pursue those opportunities for which our free society is justifiably famous, and costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity. Americans with Disabilities Act, 42 U.S.C 12101(a) (1990).
As we move on to the next 25 years and beyond, we share a hope that the ADA will realize its potential of providing access and greater understanding to those with disabilities and full inclusion in society. We must focus understanding and research not only on those with obvious physical disabilities but for those with “hidden” disabilities that may not always be apparent but can be severely debilitating, as the ADA protects both physical and mental impairments. Our schools, workplaces and public spaces should work toward utilizing universal design so that all can access learning, programs and services in an individualized fashion, in a reasonable manner. We need research, understanding and best practices toward how we can help individuals facing challenges self-actualize and maintain true integration in society.
Learn more about our special needs planning and special education advocacy services at www.littmankrooks.com or www.specialneedsnewyork.com.
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By Erica Fitzgerald, Esq.
If you are the parent of a child diagnosed with diabetes, it is crucial to familiarize yourself with your child’s rights. Having a developmental disability is not a prerequisite for protection under the law. Individuals with recognized disabilities, including diabetes, have the same rights to access programs and facilities as their non-disabled counterparts. This right to equal opportunity extends to the classroom. Section 504 of the Rehabilitation Act of 1973 (“Section 504”), The Individuals with Disabilities Act (“IDEA”) and Title II of the Americans With Disabilities Act (“ADA”) all ensure that students with disabilities have an equal opportunity to participate and succeed in school. These laws also provide a legal remedy for those experiencing discrimination and who are not receiving a Free and Appropriate Public Education (“FAPE”).
Section 504 is a civil rights law that protects individuals from discrimination and entitles children diagnosed with disabilities that limit a major life activity, such as learning, to a FAPE designed to meet their individual educational needs as adequately as the needs of children without disabilities. However, “learning” is only one example of a major life activity which can be impacted by a disability. Even if your child has been diagnosed with Type 1 Diabetes but continues to excel academically, he or she may still be eligible for accommodations and qualify for protection under Section 504. School districts have responsibilities to address the needs of your child with diabetes and to make sure he or she can attend school safely.
Section 504, IDEA and the ADA all consider diabetes to be a disability; therefore, it is illegal for schools and day care centers to discriminate against children with diabetes. However, the IDEA is only applicable under certain circumstances, if there is an educational impact and the child needs special education services. First, a student may have a cognitive or emotional disability in addition to diabetes which qualifies him or her for special education services under the IDEA. Second, a student without a co
morbid disability may nevertheless qualify for special education services under IDEA as having an “other health impairment.” For example, a child with diabetes may experience frequent episodes of hypoglycemia and/or hyperglycemia which significantly inhibit the ability to concentrate, access instruction or attend school. Third, complications from diabetes may result in excessive loss of instruction time, rendering a child eligible for special education services under IDEA.
Failure to qualify for special education services and an Individualized Education Program (“IEP”) under the IDEA does not mean a child with diabetes is not entitled to an individualized, written diabetes management plan which establishes the student’s medical needs and how the school will meet those needs. In addition, a student with diabetes should also seek to obtain a written plan developed pursuant to Section 504 (“504 Plan”) which establishes accommodations that a student with diabetes may need, such as permission to eat anywhere and anytime or carry a cell phone and use it in class, if needed. The 504 Plan can establish procedures and protocols to ensure that a student with diabetes can attend field trips and participate in athletics and extracurricular activities safely with appropriate assistance and supervision. Having a formalized 504 Plan will also ensure access to dispute resolution procedures should any issues arise. A school district remains responsible for providing a student with diabetes with a medically safe environment that offers the same educational opportunities enjoyed by peers even if the child is making meaningful progress academically. This includes providing the student with assistance with administering insulin and glucagon, checking blood glucose levels, and allowing the student to eat snacks during the school day. But a school district’s federal obligations to provide an equal opportunity to participate extend beyond the traditional school day and include non-academic and extracurricular activities as well. Thus, it is the responsibility of the school district to ensure that a child with diabetes has access to medical supplies and any necessary assistance not only at school but also on field trips, during extracurricular activities, and at after school clubs and sports.
If your child with diabetes attends a private or parochial school, these federal laws may not apply. Only schools that receive federal funding, or facilities considered open to the public, must reasonably accommodate the needs of children with diabetes. The standard applied to private non-religious schools, nurseries, day care centers, community based organizations, summer camps after school programs and special events is not the same as the standard to which public schools must adhere. Private schools that receive federal funds are only obligated to comply with minimal obligations such as the least restrictive environment mandate, comparable facilities requirement, and the requirement to provide an equal opportunity to participate in extracurricular activities. They must provide minor adjustments to accommodate students with disabilities. Thus, it is important to understand your child’s rights and to advocate effectively for them.
Learn more about our special needs planning and special education advocacy services at www.littmankrooks.com or www.specialneedsnewyork.com.
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Opportunities for higher education and employment are severely limited for those with disabilities. But a new project in Indiana will be of great interest to those attracted to the hospitality industry.
Construction will soon begin on a teaching hotel in Muncie, Indiana. Developers say the hotel will both employ and teach individuals with developmental and other disabilities, who will compose at least 20 percent of its staff. The 150-room Marriott Courtyard hotel and restaurant will help human resources students and professionals gain a better understanding of special needs employment.
Developers state that the guest experience at the hotel will be the same as at any other Marriott, with the exception of its high levels of accessibility that exceed ADA standards.
The project is expected to break ground later this year, and completion has been estimated for the summer of 2015.
The special needs community needs more national corporations to set examples like this. Such projects teach people of all abilities how to work and learn together.
The elder law attorneys at Hook Law Center assist Virginia families with will preparation, trust & estate administration, guardianships and conservatorships, long-term care planning, special needs planning, veterans benefits, and more. To learn more, visit http://www.hooklawcenter.com/ or call 757-399-7506.
The post Teaching Hotel Will Employ, Train Applicants with Disabilities first appeared on SEONewsWire.net.]]>
Individuals with disabilities who have service dogs should be prepared with knowledge of the law when they enter business establishments. If a dispute occurs over access to the business, then individuals will need to assert their legal rights in a clear and calm manner.
The Americans with Disabilities Act (ADA) prohibits privately owned businesses that serve the public from discriminating against people with disabilities. These businesses are required to permit access to individuals with disabilities and their service animals. (Note that the ADA does not require churches, private clubs or private homes to permit access to service animals.)
If access is initially denied, the first step is to clearly state that the dog is a service animal and that the Americans with Disabilities Act permits access. Although most people are familiar with guide dogs for the blind, some people may not know about other types of service animals, so a simple statement of the facts and the law may suffice to gain access.
The business is allowed to ask two specific questions: “Is this a service dog required because of a disability?” and “What task is the dog trained to perform?” An individual with a service animal should be prepared to answer these two questions satisfactorily, and be aware that there is no requirement to answer further questions.
Some people with disabilities carry copies of the U.S. Department of Justice’s ADA Business Brief on Service Animals with them, for instance in a pocket of the service dog’s vest. The Brief is a simple statement of the law from the federal government that may convince a business employee who is resistant. Individuals with disabilities are not required to carry this notice, or any other permit or license, with them.
If access is ultimately denied, then the individual should comply, but follow up with the business owner to remedy the situation. Reasonable remedies to ask for include training for employees regarding service animal access, or a sign on the door that confirms that service animals are permitted. If a business owner continues to deny access, then a complaint may be filed with the U.S. Department of Justice.
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Individuals with disabilities who have service dogs should be prepared with knowledge of the law when they enter business establishments. If a dispute occurs over access to the business, then individuals will need to assert their legal rights in a clear and calm manner.
The Americans with Disabilities Act (ADA) prohibits privately owned businesses that serve the public from discriminating against people with disabilities. These businesses are required to permit access to individuals with disabilities and their service animals (Note that the ADA does not require churches, private clubs or private homes to permit access to service animals).
If access is initially denied, the first step is to clearly state that the dog is a service animal and that the Americans with Disabilities Act permits access. Although most people are familiar with guide dogs for the blind, some people may not know about other types of service animals, so a simple statement of the facts and the law may suffice to gain access.
The business is allowed to ask two specific questions:
- “Is this a service dog required because of a disability?” and
- “What task is the dog trained to perform?”
An individual with a service animal should be prepared to answer these two questions satisfactorily, and be aware that there is no requirement to answer further questions.
Some people with disabilities carry copies of the U.S. Department of Justice’s ADA Business Brief on Service Animals with them, for instance in a pocket of the service dog’s vest. The Brief is a simple statement of the law from the federal government that may convince a business employee who is resistant. Individuals with disabilities are not required to carry this notice, or any other permit or license, with them.
If access is ultimately denied, then the individual should comply, but follow up with the business owner to remedy the situation. Reasonable remedies to ask for include training for employees regarding service animal access, or a sign on the door that confirms that service animals are permitted. If a business owner continues to deny access, then a complaint may be filed with the U.S. Department of Justice.
Individuals with disabilities who have service dogs should be prepared with knowledge of the law when they enter business establishments. If a dispute occurs over access to the business, then individuals will need to assert their legal rights in a clear and calm manner.
The Americans with Disabilities Act (ADA) prohibits privately owned businesses that serve the public from discriminating against people with disabilities. These businesses are required to permit access to individuals with disabilities and their service animals. (Note that the ADA does not require churches, private clubs or private homes to permit access to service animals.)
If access is initially denied, the first step is to clearly state that the dog is a service animal and that the Americans with Disabilities Act permits access. Although most people are familiar with guide dogs for the blind, some people may not know about other types of service animals, so a simple statement of the facts and the law may suffice to gain access.
The business is allowed to ask two specific questions: “Is this a service dog required because of a disability?” and “What task is the dog trained to perform?” An individual with a service animal should be prepared to answer these two questions satisfactorily, and be aware that there is no requirement to answer further questions.
Some people with disabilities carry copies of the U.S. Department of Justice’s ADA Business Brief on Service Animals (link: http://www.ada.gov/svcanimb.htm) with them, for instance in a pocket of the service dog’s vest. The Brief is a simple statement of the law from the federal government that may convince a business employee who is resistant. Individuals with disabilities are not required to carry this notice, or any other permit or license, with them.
If access is ultimately denied, then the individual should comply, but follow up with the business owner to remedy the situation. Reasonable remedies to ask for include training for employees regarding service animal access, or a sign on the door that confirms that service animals are permitted. If a business owner continues to deny access, then a complaint may be filed with the U.S. Department of Justice.
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Upon hearing the term “service animal,” most people automatically envision guide dogs for the visually impaired. Dogs have also been trained to help individuals prone to seizures. But are other types of animals permitted to be used as service animals? Our municipal clients had to answer this question recently.
For instance, many cities have local ordinances preventing residents from keeping or raising chickens on property within the city. However, are those individuals permitted to keep chickens on their property if they are being used as “therapy” chickens? For example, to provide therapeutic benefits for special needs children.
The Americans with Disabilities Act (ADA) governs the use of service animals for disabled individuals. Under the ADA and its corresponding regulations, a “service animal” is defined as “any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability.” The regulations specifically state that other species of animals are not service animals for purpose of the ADA.
The only exception to the “dogs only” rule of the ADA is, surprisingly, miniature horses. The ADA requires that reasonable accommodations must be made to permit the use of a miniature horse by an individual with a disability, as long as it has been individually trained to perform tasks for that person. The use of these miniature horses is more restrictive than guide dogs, however. In order to determine if reasonable accommodations can be made, the regulations provide several factors including the size of the horse, the handler’s control over the horse, and whether the horse is housebroken.
So, according to the text of the ADA Regulations, it is unlikely that “therapy chickens” would be protected under the ADA as service animals. While chickens arguably may provide a benefit to those with special needs or a disability, a local city ordinance prohibiting would likely be controlling.
If you have questions about the ADA or other legal issues, contact the experienced team of legal professionals at Fausone Bohn, LLP, at (248) 380-0000 or online at www.fb-firm.com.
Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact a veterans attorney, visit http://www.legalhelpforveterans.com/ or call 800.693.4800
The post Therapy Chickens and the Americans with Disabilities Act first appeared on SEONewsWire.net.]]>One area in which there is still work to be done is in the way children with special needs are enabled to play with their peers. Specifically, playgrounds are often completely impractical for children with physical disabilities. Their ground surfaces may be impossible for wheelchairs to roll over, and their play areas may not have activities appropriate for children lacking in upper-body mobility, strength, and balance.
Last year, accessibility standards for playgrounds were made mandatory under the ADA so that children of differing abilities could play alongside each other. They include rules on the types of equipment, designs, and materials used in public playgrounds. But those inclusive standards can add significantly to the cost of building playgrounds.
A recent NPR report told the story of a family in Pocatello, Idaho, that led a fundraising effort to build a community playground that was accessible and fun for kids of all ability levels. It is Brooklyn’s Playground, named after the family’s wheelchair-bound seven-year-old daughter. Its wide ramps and smooth rubber ground coverings allow wheelchairs to reach all areas, and its swings have back support for children with upper-body disorders.
At 15,000 square feet and a cost of just over half a million dollars, most municipalities could not afford to build such a playground, but Brooklyn’s family spent eight months soliciting donations and organizing bake sales to make it happen.
When advocates and families work together to give special-needs children every possible opportunity, the entire community benefits.
The attorneys at Hook Law Center assist Virginia families with will preparation, trust & estate administration, guardianships and conservatorships, long-term care planning, special needs planning, veterans benefits, and more. To learn more, visit http://www.hooklawcenter.com/ or call 757-399-7506.
The post Parents and Private Organizations Bridge Funding Gap for Playgrounds for Special-Needs Children first appeared on SEONewsWire.net.]]>
The Americans with Disabilities Act (ADA), enacted in 1990, has been used to open countless public accommodations to people with disabilities. Now it is being used to make websites accessible as well, and this legal frontier is likely to expand in the future.
A number of cases in the past several years illustrate online accessibility issues.
In 2008, the National Federation for the Blind settled a class action lawsuit against Target Corporation that was brought under the ADA and California law. The lawsuit alleged that Target’s online store was a “public accommodation” under the meaning of the law, and it was not accessible to the blind. One of the problems allegedly stemmed from misuse of the alternative text for clickable images. Rather than a description of the image, blind users selecting an image would hear a non-descriptive filename. Target filed a motion to dismiss, claiming that its brick-and-mortar stores were accessible to the blind and that the law was only intended to apply to physical accommodations. However, a judge ruled that the lawsuit could proceed, allowing the interpretation that websites are public accommodations under the law. In the settlement, Target agreed to make changes to its website.
In 2009, Disability Rights Advocates, a non-profit public-interest law firm, settled a lawsuit against two hotel reservation websites: Hotels.com and Expedia.com. The lawsuit hinged on the inability of disabled users to search for the hotel accommodations they need, such as Braille signage, wheelchair-accessible showers and telecommunications equipment for individuals with hearing loss. Plaintiffs claimed that they were unable to take advantage of the convenience and discounts of online hotel reservations. Under the settlement agreement, the websites made changes allowing users with disabilities to search for the hotel accommodations they need and make special requests for those rooms online. Each special request will be handled individually to accommodate the customer’s needs.
Last year, the National Association of the Deaf settled a federal lawsuit against Netflix, alleging that the company violated the ADA by not providing closed-captioning for its streaming video. The plaintiffs claimed that 48 million deaf and hard-of-hearing people were prevented from using the service. In the settlement agreement, Netflix agreed to add closed-captioning to all its content by 2014. The text can be displayed on most devices on which Netflix is available. In the meantime, Netflix agreed to improve its interface to help users identify which content has closed-captioning available. The company said that is was already a leader in making content available to people who are deaf and hard-of-hearing, and that it hoped its commitment to 100 percent captioning would serve as an example for other streaming video providers.
These lawsuits successfully argued that people with disabilities should have access to accommodations in the online world just as in physical locations. These successes are already spurring other businesses to make their websites more accessible, a move that benefits people with disabilities and the businesses themselves. After all, making it easier for people to access services should improve any company’s bottom line.
For more information about our legal services for people with special needs, visit www.specialneedsnewyork.com.
