The Americans with Disabilities Act : ADA Post Amendments

1. The Americans with Disabilities Act : ADAPost Amendments Sharon Bellwood, Director Student Disability Services Greenville Technical College

2. ADA Evolution • 1990: Signed into Law • 1992: Beginning implementation begins • 2000: Reauthorized: 10th Anniversary • A series of “bad” Supreme Court Decisions: • 2008: Amendments approved • 2011: Final regulations published

3. ADA vs. ADAAWhat changed? ACCESS Process • Equal opportunity expands to equal access • Programs • Services • Events • Benefits • Due process expands to the deliberative process • “the critical examination of an issue involving the weighing of reasons for and against a course of action • “deliberative process” is a process allowing a group to receive and exchange information, to critically examine an issue, and to come to an agreement which will inform and effect decision making

4. What did not change? 3 ways to accommodate: AKA to say YES 1. Reasonable accommodation 2. Auxiliary aids and services 3. Alteration to policies and procedures 3 reasons to deny: AKA to say NO • Fundamental Alteration • Undue burden • Direct Threat This one changed a little bit…

5. The trick is to use the “new” to implement the “old”

6. Implementing Access • New construction standards: • Stadiums and places of public gathering • Web Accessibility • Reasonable accommodation redefined as a “means to access”. • Inclusion gives way to Universal Design • New definition of a wheelchair • Definition of a service animal • Documentation to support the disability should not be exhaustive or cumbersome

7. Implementing the Deliberative Process Begins with NOTICE: • Clearly outlined process for: • Requesting services • Approval of services • Implementation of services • Clearly outlined process for: • How the final decision is made • How to disagree with the decision • Substantial process to ensure all affected parties are represented