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Scenario #1: A student faces being held back due to the school's strict attendance policy not accommodating a necessary, extended medical recovery from life-saving heart surgery. The policy effectively penalizes the student for their absence.

Possible solution: The ADA protects disabled students by mandating accommodations to prevent discrimination. In practice, this can involve counselors delivering and collecting lessons for students during hospital stays or the school must immediately review and update its attendance policy to ensure compliance with ADA law. Until the policy is fixed, the school should nonetheless provide the legally required support to the recovering student.

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Program Accessibility in Existing Facilities 

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Program Accessibility in Existing Facilities 

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Scenario #2: A 10th grade wheelchair user is barred from a popular class, which is held only in the inaccessible, historic auditorium (12 stairs) due to a broken elevator and budget delays. This excludes the disabled student from the course and denies the most integrated setting appropriate, violating the ADA's accessibility mandate.

Possible Solution: The ADA mandates full program accessibility. If the elevator is an undue burden to fix, the school must still ensure program access by relocating the class to an accessible classroom within the same building or an integrated, accessible one in a different building.

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Law: Americans with Disabilities Act (ADA)

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Law: Americans with Disabilities Act (ADA)

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The Americans with Disabilities Act (ADA) is a federal civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life. The Americans with Disabilities Act (ADA) was passed and signed into law on July 26, 1990. The specific legal citation for the legislation is Public Law No. 101-336, codified at 42 U.S.C. § 12101 et seq. Its primary objective is to ensure that people with disabilities have the same rights and opportunities as everyone else, guaranteeing equal opportunity in employment, public services, public accommodations, transportation, and telecommunications.

The ADA serves as the essential mandate ensuring students with disabilities possess the same fundamental opportunities as their non-disabled peers to fully participate in the entire scope of the school environment. This is achieved through three interconnected rights: Equal Access, Accessibility, and Reasonable Modifications.

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The ADA mandates that schools must ensure accessibility by removing physical barriers and ensuring technological accessibility. Provide program access such as participating in sports, and extracurricular activities, and ensure effective communication by providing the necessary auxiliary aids and services (sign language interpreters, braille, captions) for both students and their families. This applies to all public and most private schools.

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The Role and Responsibility of Educators

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The Role and Responsibility of Educators

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The ADA requires educators to uphold these civil rights by implementing accommodations that ensures students can access the curriculum without lowering the academic standards. To promote inclusion regarding the LRE, and enforce workplace rights to be able to perform their job functions and responsibilities.

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The ADA empowers families by guaranteeing them equal participation in school activities and facility access, communication access that include aids that can participate in meetings, and engage with the school, and advocacy power to give them a legal framework to advocate for their child’s access and participation in the school community.

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The Role and Responsibility of the Community

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The Role and Responsibility of the Community

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As the ADA celebrates its 35th anniversary, its significance remains as vital as ever. The law not only safeguards the rights of individuals with disabilities but also underscores the collective responsibility of communities to uphold these rights. From businesses ensuring compliance with accessibility standards to local governments enhancing public infrastructure, the ADA requires active participation from all sectors of society. For example, the U.S. Access Board continues to provide technical assistance and guidance on accessibility standards, emphasizing the importance of community collaboration in achieving ADA compliance.

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Americans with Disabilities Act: The Role and Responsibility of the Community

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Americans with Disabilities Act of 1990 42 U.S.C. §§ 12101 et seq.

Implementing Regulations: 29 CFR Parts 1630, 1602 (Title I, EEOC) 28 CFR Part 35 (Title II, Department of Justice) 49 CFR Parts 27, 37, 38 (Title II, III, Department of Transportation) 28 CFR Part 36 (Title III, Department of Justice) 47 CFR §§ 64.601 et seq. (Title IV, FCC)

U.S. Department of Justice Civil Rights Division. “Guide to Disability Rights Laws.” ADA.gov, 28 Feb. 2020, www.ada.gov/resources/disability-rights-guide/. Accessed 15 Oct. 2025.

U.S. Department of Justice Civil Rights Division. “State and Local Governments.” ADA.gov, 12 Dec. 2022, www.ada.gov/topics/title-ii/. Accessed 15 Oct. 2025.

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Scenario #3: A student has been denied additional help through the use of Communication Access Real-time Translation (CART) services. Although the student also lip-reads, the equipment and skill set are insufficient in the school’s large lecture hall, as the student fails to hear most of the class lecture. Although the student has requested the use of Communication Access Real-time Translation (CART) services, the request has been denied due to the belief that the implants are sufficient.

Possible Solution: The ADA requires that communication with students with disabilities must be as effective as communication with all other students, regardless of their condition. A violation occurs when CART is refused and other accommodations are ineffective. The school must recognize the student’s original request and fulfill it.

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ADA Main Provisions

Workplace Placement:

ADA employment requirements apply to employers with more than 14 employees.

Public modifications:

Requires public facilities to design and implement mandatory adjustments to permit access for individuals with disabilities. This included spaces like schools, hotels, parks, official buildings, auditoriums, day-care centers, retirement facilities, restaurants, and bathroom amenities.

Broader scope The 2008 ADA Amendments Act (ADAAA) broadened and clarified the original 1990 ADA law, contradicting particular Supreme Court findings. The ADAAA expanded the definition of "major life activities" to encompass simple everyday behaviors like walking, learning, talking, seeing, sleeping, drinking, and eating.

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Americans with Disabilities Main Provisions

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The Intersecting Role and Responsibility of the Community and Business

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The Intersecting Role and Responsibility of the Community and Business

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Communities play a pivotal role in advancing ADA compliance and fostering inclusion. By promoting awareness through education, facilitating public-private partnerships, and engaging individuals with disabilities in planning processes, communities can create environments that are not only compliant but also welcoming and equitable. The importance of supporting small businesses, strengthening digital accessibility, and addressing emergency preparedness gaps further emphasizes the need for localized, collaborative efforts. Moreover, leveraging emerging technologies like artificial intelligence presents significant opportunities to enhance accessibility, provided ethical and inclusive design practices are prioritized

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American with Disabilities Act: Role of Community Intersecting with Business

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The ongoing federal government shutdown, which began on October 1, 2025, due to Congress's failure to approve funding for Fiscal Year 2026, has had significant implications for individuals with disabilities and the enforcement of the Americans with Disabilities Act (ADA). The ADA, a landmark civil rights law, ensures that people with disabilities are protected from discrimination in employment, public accommodations, transportation, and other areas of public life. However, the shutdown has disrupted the operations of federal agencies responsible for enforcing these protections, creating uncertainty and challenges for individuals who rely on these safeguards.

Federal agencies such as the Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC), which play critical roles in investigating and addressing ADA violations, have been forced to scale back their activities. Many of their employees have been furloughed, leaving only essential personnel to handle limited operations. This has resulted in delays in processing complaints, investigating discrimination cases, and enforcing compliance with ADA standards. For example, during past shutdowns, the EEOC experienced significant backlogs in addressing workplace discrimination complaints, a trend that is likely to repeat during the current shutdown.

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Americans with Disabilities Act: Impact of the Shutdown

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Scenario #4: Preschooler with Global Developmental Delays Needs Quiet Time

Background: A 5-year-old with global developmental delays affecting speech, motor skills, and cognitive abilities. Known for a cheerful disposition and an interest in music and interactive games.

Current Setting: Integrated preschool program that includes children with and without disabilities.

Strengths and Interests: Responds well to music and rhythm, using them as tools for engagement and learning. Shows eagerness to interact with peers during group activities.

Possible Solution:

Educational: Requires a classroom with a low student-to-teacher ratio and frequent one-on-one sessions to enhance learning engagement.

Therapeutic: Needs regular sessions of speech, occupational, and physical therapy integrated into the school schedule.

Adaptations: Classroom adaptations to include sensory-friendly learning materials and technology aids to support communication and learning.

Social: Structured social interaction periods guided by educators to foster social skills and peer relationships.

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Preschooler with Global Developmental Delays Needs Quiet Time

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Scenario #5: A Scenario Under the ADA

Hypothetical Situation: A Fire Drill and Missing IEP

An alarm signals a fire drill at school, indicating the need for immediate evacuation. In Mr. Charity's general education classroom is Stacy, a student with autism. Typically, Stacy's Individualized Education Program (IEP) is kept in the special education office, which cannot be accessed during this emergency.

Stacy's IEP indicates that she may become anxious due to loud, unexpected sounds and requires clear, sequential instructions. Additionally, she has a one-on-one aide who assists her during transitions to maintain her calm and focus; however, the aide is not present today.

Inadequate Response: Lack of Accommodations Provided

Mr. Charity does not have access to Stacy's IEP and mistakenly believes it is sufficient to instruct Stacy simply to follow the rest of the class outside.

The loud fire alarm causes Stacy distress; she covers her ears, drops to the floor, and begins displaying signs of agitation such as repetitive rocking and vocal stimming.

Unfamiliar with the de-escalation strategies outlined in Stacy’s IEP, Mr. Charity attempts to physically guide her out of the classroom. This action only heightens Stacy’s anxiety and resistance. Overwhelmed by stress, Stacy runs back into the school building while staff members pursue her, resulting in increased chaos and further delaying her evacuation.

ADA-Compliant Response: Executing an Emergency Plan

The school where Mr. Charity teaches has an inclusive emergency protocol in place, and he has received training on essential accommodations for various disabilities. At the start of the academic year, all teachers were provided with a confidential list detailing students with disabilities along with their specific emergency requirements.

When the fire alarm activates, Mr. Charity quickly consults a laminated quick-reference card he carries that notes Stacy's sensitivity to loud noises along with her need for visual cues and straightforward instructions during emergencies.

As they evacuate, Mr. Charity offers Stacy a pre-established visual cue while maintaining a calm demeanor as he delivers one instruction at a time: "Hands over your ears. Walk to the door." He assigns a reliable, trained peer as a “buddy” to stay close to Stacy and provide reassurance according to their emergency plan.

After reaching safety outside, Stacy displays signs of overstimulation. A designated staff member aware of his needs provides noise-canceling headphones from an emergency supply bag and guides her towards a previously identified quiet area for respite.