Americans with Disabilities Act

What the Law Says

The ADA was enacted in 1990 and signed into law by President George H. W. Bush (42 U.S.C. 12101 et seq.). The ADA's provisions are designed to ensure that neither physical nor programmatic barriers exclude persons with disabilities from full participation in society. Public and private schools are bound by ADA's requirements both as employers and as providers of public services, although ADA's scope is not limited to educational enterprises. Enacted under the Commerce Clause of Article 1 of the U.S. Constitution, this comprehensive anti-discrimination legislation has four purposes:

• 1.
  to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities;
• 2.
  to provide clear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities;
• 3.
  to ensure that the federal government plays a central role in enforcing the standards established in this chapter on behalf of individuals with disabilities; and
• 4.
  to invoke the sweep of congressional authority, including the power to enforce the Fourteenth Amendment and to regulate commerce, in order to address the major areas of discrimination faced day-to-day by people with disabilities. (42 U.S.C. §12101)

In order to accomplish these purposes, the ADA requires that “No qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be [Page 48]subjected to discrimination by said entity” (42 U.S.C. §12132).

While Section 504 of the Rehabilitation Act of 1973 prohibits discrimination “solely by reason of [a person's] disability” by any recipient of federal financial assistance, ADA has a much broader application. In fact, both public and private institutions are bound by ADA's provisions. As such, ADA essentially extends Section 504 obligations into the private sector.

The ADA has five titles that delineate its application. Title I, which addresses employment discrimination, applies to any employers with 15 or more employees. Under these provisions, otherwise qualified individuals with disabilities are entitled to reasonable accommodations to enable them to meet the essential qualifications of any job and may not be discriminated against in hiring, promotions, pay, or other benefits.

Title II concerns discrimination in “public services.” This title applies to schools and largely replicates Section 504 in terms of how public schools must ensure nondiscrimination for their students. Private schools, though not directly bound by Section 504, must comply with the ADA and must reasonably accommodate students' disabilities within existing programs. However, private schools need not create new programs in order to address the educational needs of children.

Title III prohibits discrimination in “public accommodations” and includes provisions that require, among other things, that entities serving the public maintain barrier free access to facilities and services. Title IV applies to telecommunications. Finally, Title V contains a number of miscellaneous provisions, including those related to technical assistance.

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