The Americans with Disabilities Act in The Classroom: Key Concepts

Abstract

INTRODUCTION It’s been almost 18 years since the American with Disabilities Act (known as the “ADA”) became law. Most people in the workplace are very familiar with its concepts, if not always its details. In the educational setting, the ADA has become much more familiar over the years and many students know that it applies in the classroom as well as in the workplace. So what is essential to know for those who train the professionals of tomorrow? This article will explore the key concepts of the ADA and how to analyze and apply them in an educational institution. The ADA requires that a “qualified individual” with a “disability” (defined as a “substantial impairment of a major life activity”) who is otherwise able to perform the “essential functions” of a student (or a job), must receive “reasonable accommodations” to assist him or her, unless such accommodations would pose an “undue hardship” to the employer or the institution. In an educational context, this means accommodations are required unless the proposed accommodations would fundamentally alter the educational experience. Several years ago, the Equal Employment Opportunity Commission (which handles all employment disability claims before a trip to court is permitted) released data showing that the most commonly claimed disability was low back pain. But as the courts have “matured” in interpreting the ADA, it’s become clear that it had now better be a significant pain in the back to support a finding of disability. However, many ailments do qualify by their very nature, including diabetes, cancer, severe depression, epilepsy, and paralysis. Even a history of a disability or a perception of a disability can support an ADA claim. In the educational context, learning disabilities have proved to be a substantial subset of student ADA complaints. Some of these are attention deficit hyperactivity disorder, processing deficits, dyslexia, sequencing disorders, visual perception disorders, and gross and fine motor skill impairments. Although some faculty members may resist recognizing learning disabilities as “real” disabilities, they can be substantial obstacles to success in the classroom or training site. Courts have recognized them as covered by the ADA. Now, here’s a test situation: Ashley Adams is a student in your class. After doing well on the first test, she pulls a “D” on the second one, and lately seems to have difficulty understanding basic concepts as evidenced by her participation in class discussions. One Friday, she asks to see you after class and confides that she has a learning disability and needs accommodations. She proceeds to tick them off: