What Kind Of Law Is The Individuals With Disabilities Education Act
It is a law that requires public schools to provide all eligible children with disabilities a free appropriate public education in the least restrictive environment appropriate to the childs individual needs.
Does IDEA apply to both public schools and private schools?
No. IDEA applies only to public schools.
How To Ask For Accommodations
If you have allergies or asthma and want to feel more comfortable in your environment, you can talk to a manager, school administrator, employer, or other person in charge. Theyâll help you figure out the best way to get reasonable changes or services.
There are many resources you can use to get advice or ideas on how to ask for accommodations. The U.S. Department of Justice has a hotline that you can call and ask questions. That phone number is 800-514-0301. You can visit www.ada.gov for more information.
Common Respiratory Disorders That May Cause Disability
COPD is an umbrella term that includes several lung diseases, including emphysema, bronchitis, and sometimes asthma, which cause coughing, wheezing, and shortness of breath. Those with COPD exhibit reduced breathing capacity due to obstructed airflow into and out of the lungs. The most common cause of COPD is smoking, and quitting smoking will usually stabilize symptoms, if not always improve them.
COPD is typically diagnosed through spirometry, a pulmonary function test that measures the amount of air that can be inhaled and exhaled over a certain period. Asthma can be partly diagnosed by a pre-bronchodilator and post-bronchodilator spirometry test, but a doctor must also look at the patient’s medical history and physical exam.
Many of those diagnosed with COPD also suffer from sleep apnea, a condition which not only impacts the ability to obtain meaningful rest but can also severely impair daytime functioning. Sleep apnea is diagnosed based on a combination of self-reported symptoms and objective testing, typically a sleep study. The most common therapy is a CPAP machine, which pumps a steady stream of air into a mask to keep the airways unobstructed during sleep.
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Whats The Best Way To Make An Entrance Accessible
It depends on the barriers that exist at the entrance. One small step at an entrance can make it impossible for individuals using wheelchairs, walkers, canes, or other mobility devices to go inside. Removing this barrier may be accomplished in a number of ways, such as installing a ramp or a lift or regrading the walkway to provide an accessible route. If the main entrance cannot be made accessible, an alternate accessible entrance can be used. If there is more than one entrance and only one is accessible, a sign should be posted at each inaccessible entrance directing individuals to the accessible entrance. This entrance must be open whenever other public entrances are open.
Physical Or Mental Impairments
To be disabled under the ADA, you must have a physical or mental impairment. Not everything that keeps you from doing activities is an impairment. But, the ADA uses a broad definition.
A physical impairment is any medical disorder, condition, or loss that affects the body. These can be:
- Neurological
A mental impairment is any mental or cognitive disorder. This includes:
- Intellectual disability,
What qualifies for the ADA?
Physical or mental impairments covered by the ADA include:
- AIDS, and its symptoms
- Blindness or other visual impairments
- Cancer
- Bisexuality or homosexuality
Does drug addiction qualify?
Casual drug use is not an impairment. This applies to unlawful drugs and to prescription drug use. There are few situations where drug addiction qualifies under the ADA. One is if someone has a history of addiction or is thought to be addicted to drugs.The addiction could qualify as an impairment. It is not an impairment if someone has a history of addiction and is now using illegal drugs.
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Can The Air Carrier Ask Me To Prove I Have A Disability
An air carrier must not require any kind of proof as a condition for the provision of transportation, except in some very limited circumstances. If a person is traveling in a stretcher or incubator, needs medical oxygen during a flight, or if there is reasonable doubt that the person can complete the flight safely without requiring extraordinary medical assistance during the flight, then the air carrier may require a written statement from a physician saying that the passenger is capable of completing the flight without requiring extraordinary assistance during the flight. It must be dated within ten days of the initial departing flight. The air carrier may also require such a written statement if the passenger has a communicable disease that could pose a direct threat to the health or safety to others on the flight. In that case, the physicians statement should say that the disease or infection would not, under present conditions in the patients case, be communicable to other people during the normal course of a flight. It should also state what precautions should be taken to prevent transmission and it must be written within ten days of the flight for which it is presented.
Are All Animals Owned By People With Disabilities Classified As Service Animals
No. The ADA has a specific definition for what a service animal is.
Under the ADA, a service animal means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.
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What Are Some Of The Barriers That People With Disabilities Encounter In Retail Stores
The obligation to remove barriers also applies to merchandise shelves, sales and service counters, and check-out aisles. Shelves and counters must be on an accessible route with enough space to allow customers using mobility devices to access merchandise. Shelves may be of any height since they are not subject to the ADA’s reach range requirements. Where barriers prevent access to these areas, they must be removed if readily achievable. However, businesses are not required to take any steps that would result in a significant loss of selling space. At least one check-out aisle must be usable by people with mobility disabilities, though more are required in larger stores. When it is not readily achievable to make a sales or service counter accessible, businesses should provide a folding shelf or a nearby accessible counter. If these changes are not readily achievable, businesses may provide a clip board or lap board until more permanent changes can be made.
Do These Ticketing Rules Apply To The Secondary Ticket Market Too
People with disabilities may use tickets purchased on the secondary ticket market under the same terms and conditions as other individuals who purchase tickets on the secondary ticket market for the same event or series.
If a person with a disability gets a ticket to an inaccessible seat through the secondary market, the individual must be allowed to exchange the ticket for one to an accessible seat in a comparable location, if such a seat is available at the time the ticket is presented to the venue.
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Whom Do I Contact To Bring Something To The Attorney Generals Attention
U.S. Department of Justice Civil Rights Division
950 Pennsylvania Avenue NW
Americans with Disabilities Act of 199042 U.S.C. §§12101 et seq.
Implementing Regulations:
29 CFR parts 1630, 1602
28 CFR Part 35
49 CFR Parts 27, 37, 38
28 CFR Part 36
47 CFR §§64.601 et seq.
Civil Rights of Institutionalized Persons Act42 U.S.C. §§ 1997 et seq.
Fair Housing Amendments Act of 198842 U.S.C. §§3601 et seq.
Implementing Regulation:
24 CFR Parts 100 et seq.
Individuals with Disabilities Education Act20 U.S.C. §§ 1400 et seq.
Implementing Regulation:
Section 501 of the Rehabilitation Act of 1973, as amended9 U.S.C. §791
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Is Asthma A Disability Yes It Almost Always Is Considered A Disability
Asthma can be considered a disability under the Americans with Disability Act . But the definition of disability is not clearly defined under the ADA. And whether asthma actually qualifies is subject to interpretation.
Just because you have asthma attacks, does not mean that you are protected. Further, even if you are protected at work under the ADA, you might not be protected out of work with social security disability benefits.
Whether you are looking for a reasonable accommodation or to get disability benefits, you should understand:
- Whether your asthma is a disability under the ADA and
- Whether your asthma qualifies you for social security disability benefits.
You a more likely to be considered disabled under the ADA than under the Social Security Act.
What If My Child Already Has An Iep But I Disagree With It
It is important that both the parents and the school make a good faith effort to come to an agreement about the IEP, but sometimes, agreement is not possible. There are several options for parents in this situation. Parents may, of course, do nothing. In that case, the school will implement its plan, even over parental objections. Parents may choose to remove a child from public school in favor of private school or home school placement. Parents may request a mediation to try to resolve the areas of disagreement. Parents may speak with the State education agency about the possibility of filing a complaint. As a last resort, parents may file for a due process hearing. This is an administrative hearing presided over by an independent hearing officer.
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I Heard There Is A New Ada Is This Book About The New Ada Or The Old Ada
Actually, what you might have heard called the new ADA is really called The ADA Amendments Act or the ADAAA. After the ADA was originally passed in 1990, cases started being filed and ending up in courts. Some were appealed all the way to the U.S. Supreme Court. Rulings by the Supreme Court, as well as lower courts, began to narrow the definition of disability. Whether a person had a disability in order to sue became the focus of most disputes under the ADA. Congress never intended for it to be that way. The focus of the ADA was supposed to be on access and accommodation, not on whether the person really had a disability. Congress had not foreseen the ways in which the courts would narrowly interpret, and ultimately change, the definition.
So the ADAAA was passed in 2008 and essentially overturned those Supreme Court cases that narrowed the definition of disability. Congress made clear that the definition must be construed in favor of broad coverage of individuals with disabilities. So rather than this being a new ADA, it really is just going back to the way Congress meant the ADA to be when it was first written and passed in 1990.
What Kind Of Medical Benefits Do I Get If I Am On Ssi Or Ssdi
If you get SSDI, you can get Medicare coverage. Medicare helps pay hospital and doctor bills, as well as prescription medication, and it will go into effect after you have gotten benefits for at least 24 months, unless you have ALS or need long-term dialysis for chronic kidney disease or need a kidney transplant. Medicare pays roughly 80 percent of reasonable charges. If you want doctor bills and prescription medications covered, you may be required to pay a monthly premium.
If you get SSI, you will get Medicaid . Medicaid covers all of the approved charges of the patient. In some states, Medicaid coverage is automatic, and in some states, you will be required to apply separately for that coverage.
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What Kinds Of Mobility Aids Are Allowed In The Airplane Cabin
Carriers must permit passengers with a disability to bring the following kinds of items into the aircraft cabin, as long as they can be stowed in designated priority storage areas, in overhead compartments, or under seats:
- Manual wheelchairs, including folding or collapsible wheelchairs
- Other mobility aids such as canes, crutches, and walkers
- Canes used by individuals with vision impairments
- Other assistive devices for stowage or use within the cabin, such as prescription medication and delivery devices like syringes or auto-injectors vision enhancing devices an FAA-approved portable oxygen concentrator and ventilators and respirators that use nonspillable batteries, as long as they comply with applicable safety, security, and hazardous materials rules.
Assistive devices do not count toward a limit on the number of carry-on items allowed.
Air carriers must ensure that a passenger with a disability who uses a wheelchair and requests preboarding can stow the wheelchair in the priority stowage area and have priority over other items brought onto the aircraft by other passengers or crew. If the passenger with a disability does not preboard, the passenger may still use the area to stow the wheelchair or other assistive device on a first-come, first-served basis along with all other passengers seeking to stow carry-on items.
Do People With Disabilities And Their Safety Assistants Need Special Safety Briefings From Air Carrier Personnel
Air carriers must conduct an individual safety briefing for each person, and that persons attendant, who may need the assistance of another person to move quickly to an exit in the event of an emergency. Air carriers may offer an individual briefing to any other passenger, but must not require an individual to have such a briefing, unless they meet the requirement of the previous sentence. Individual safety briefings should be done as inconspicuously and discreetly as possible. The air carrier cannot require a passenger with a disability to demonstrate that s/he has listened to, read, or understood the information presented.
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Is Public Transportation Covered By The Ada
Yes. If it is offered by a state or local government, it is covered by Title II. If it is offered by a private company, it is covered by Title III. Publicly funded transportation includes, but is not limited to, bus and passenger train service. Rail service includes subways , light rail, commuter rail, and Amtrak. Privately funded transportation includes, but is not limited to, taxicabs, airport shuttles, intercity bus companies, such as Greyhound, and hotel-provided transportation. The ADA also covers how transportation service is operated. For example, bus stops must be announced.
How Does Asthma Limit Your Ability To Work
Many people diagnosed with asthma manage their symptoms with medications and fully participate in daily life, including their careers.
However, when asthma is not well-controlled, it can limit your ability to work in the following ways:
- Restricting your ability to work in environments with pollen, smoke, or animals
- Limiting your function as you struggle to catch your breath
- Curbing your ability to perform strenuous or active tasks
- Disrupting other employees and customers who worry about your symptoms
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Must Passenger Trains And Train Stations Provide Access For People With Disabilities Is Level Boarding Required
Yes, passenger train service must be accessible to people with disabilities and level boarding is required under certain conditions. Train stations must be accessible. Each passenger train must have at least one accessible car and new cars must be accessible. Most passenger trains must provide level-entry boarding at stations in which no track passing through the station and adjacent to platforms is shared with existing freight rail operations. If the track shared with existing freight rail operations precludes compliance, the railroads are able to choose an alternative way to make sure that passengers with disabilities can access each accessible train car that other passengers can board at the station by either providing car-borne lifts, station-based lifts, or mini-high platforms.
How Is Title Iii Of The Ada Enforced
Individuals can bring private lawsuits against public accommodation to get court orders to stop discrimination. People can also file complaints with the Department of Justice , which has the authority to file suit in cases of public importance or where there is a pattern or practice of discrimination. In these cases, the DOJ may seek monetary damages and civil penalties.
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Does Asthma Qualify For Disability
If you have severe asthma symptoms that prevent you from maintaining a full-time job, you may qualify for Social Security disability benefits.
You can apply for these payments through your local Social Security Administration office. Youll need to submit the results of respiratory function tests with your disability claim application to show the severity of your asthma.
To provide a complete overview of your circumstances, you should also include any records of hospitalization. If you require intensive treatment at a hospital for 48 hours or more at least three times in one year, despite following a doctors asthma treatment plan, you may qualify for disability due to persistent asthma attacks.
Can An Employer Require Medical Examinations Or Ask Questions About A Disability
If you are applying for a job, an employer cannot ask you if you are disabled or ask about the nature or severity of your disability. An employer can ask if you can perform the duties of the job with or without reasonable accommodation. An employer can also ask you to describe or to demonstrate how, with or without reasonable accommodation, you will perform the duties of the job.
An employer cannot require you to take a medical examination before you are offered a job. Following a job offer, an employer can condition the offer on your passing a required medical examination, but only if all entering employees for that job category have to take the examination. However, an employer cannot reject you because of information about your disability revealed by the medical examination, unless the reasons for rejection are job-related and necessary for the conduct of the employerâs business. The employer cannot refuse to hire you because of your disability if you can perform the essential functions of the job with an accommodation.
The results of all medical examinations must be kept confidential, and maintained in separate medical files.
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