Equity in Education Legal Database v0.1
 

Related Court Cases

Baird v. Rose (1999)

PARC v. Commonwealth (1972)

Sandison v. Michigan High School Athletic Association


  

Americans with Disabilities Act of 1990

Details:

The Americans with Disabilities Act (ADA) of 1990 prohibits exclusion from participation, denial of benefits, or discrimination in any public entity or place of public accommodation of any person who aside from their handicap is otherwise qualified. The ADA applies to all private schools except for private religious schools, who are explicitly excluded. The test for whether a person has a disability is whether their impairment interferes with their major life activities. The ADA largely parallels the IDEA, but is somewhat less detailed regarding education.

 

Applications and Implications:

  • Because the ADA refers to public entities, all private schools (excepting religious schools) are also bound by this law, whether or not they are receiving federal funds.
  • While the Equal Protection Clause can only be invoked by parents or students who are directly affected filing a lawsuit, the ADA can be enforced by the attorney general, any federal agency that awards federal funds, or through individual lawsuit.
  • The ADA also requires the installation of ramps, accessible toilet facilities, and wheelchair accommodation, among others.
  • Successful complainants may be entitled to attorney fee compensation.

 
Imber, Michael and Tyll van Geel (2004). Education Law (3rd ed.). Mahwah, MJ: Lawrence Erlbaum Associates, p. 257-259, 262.
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