96
THE ADA: HELPING STUDENTS FROM ELEMENTARY SCHOOL TO COLLEGE STORY BY CHARLES DERVARICS
F
rom a grade school student trying to access an old school building to a college student needing new technology for advanced courses, the Americans with Disabilities Act (ADA) has provided fundamental access to American education. Whether to supplement existing law or to forge new protections, the ADA has served as a significant tool for students and parents. “The ADA has empowered parents, created new expectations for students, and extended the horizon by miles and miles,” said John Kemp, president of The Viscardi Center, a nonprofit that seeks to improve education and employment among those with disabilities. As a result of the law, he added, “Parents have new hope for their children. It gives every person the feeling that they can have a wellrounded life.” In its 25 years of existence, the law also has proven resilient in a changing educational environment. This is particularly true regarding technology, as the Internet and the growth in online learning – though groundbreaking for many students – can leave those with disabilities at a disadvantage unless implemented properly.
“Emerging technologies, including Internet-based learning platforms, are changing the way we learn, and we need to ensure that people with disabilities are not excluded or left behind,” said Eve L. Hill, deputy assistant attorney general for the U.S. Department of Justice Civil Rights Division. Hill was a key point person in a 2013 ADA settlement between the federal government and a university on accessible course materials – one of many technologyrelated cases undertaken by the federal government in recent years. K-12 and Higher Education Emphasis Title II of the ADA prohibits discrimination against people with disabilities by all “public entities,” a group that includes local school districts and state education institutions. Title III of the law states that no individual can be discriminated against on the basis of disability in access to goods, services, or facilities in any place of “public accommodation,” including schools and colleges. Taken together, these sections seek to guarantee physical access to buildings along with access to needed services and transportation.
The law’s reach is broad in K-12 education. In 2012, about 6.4 million, or 13 percent, of students in America’s public schools had a disability, according to the National Center for Education Statistics. These figures are up from the 4.7 million, or 11 percent of public school students, who had a disability in 1990. Experts say that the ADA plays a vital complementary role in K-12 alongside other laws and regulations such as the Individuals with Disabilities Education Act (IDEA), which guarantees students with disabilities access to a “free appropriate public education,” according to Andrew Imparato, an attorney who is executive director of the Association of University Centers on Disabilities. To this foundation, ADA provides added protection on issues such as access to school buildings, summer programs, extracurricular activities, and access for parents. Unlike most federal education laws, ADA also applies to private schools. “The 800-pound gorilla in K-12 is IDEA,” Imparato said. Nearing its 40th anniversary as a federal law, IDEA requires every public school to provide free, appropriate public education. When implementing
