ADA + IDEA

Question 1

What is the Americans with Disabilities Act?

Answer 1

It required that those with d/a be treated equitably by others unless it could be demonstrated that a person’s d/a creates substantial barriers to:

• work (Title1)
• access public svcs (T2)
• public accommodations and svcs operated by private entities (T3), and
• access to telecommunications (T4)

Question 2

What is a “qualified person” under the ADA?

Answer 2

The ADA protects a qualified person with a d/a, defined as an individual with a d/a, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires.

Question 3

What is a disability?

Answer 3

Physical or mental d/a that substantially limits a major life activity, including current impairment, history of impairment, or anyone who is perceived by others to have an impairment (regardless of whether they have one)

Excludes: illicit drug use, gender dysphoria, and criminal pathology

Major activities: walking, speaking, breathing, learning, sitting/standing, interpersonal skills, concentration, cognitive processing

Question 4

What is a qualified person under the ADA?

Answer 4

An person who with or without accommodation can perform the essential functions of the employment position they hold or want to hold; you still have to meet the necessary prereqs (Education, training, experience), must be able to perform the essential fx of jobs with or without accommodations.

Question 5

What was the finding in McMillan v. City of NY?

Answer 5

Work attendance is not necessarily an essential job fx, as it’s difficult at times for people with d/a to get to work on time.

Question 6

What is a reasonable accommodation?

Answer 6

Modifications or adjustments to the job application process, the work environment, or changes that enable an employee to enjoy equal benefits and privileges of employment as enjoyed by others

• Reasonable doesn’t have to be best possible. Can’t cause employer undue hardship (financially, not whether it will cause low morale)
• Employers are only required to accommodate known disabilities, and don’t have to provide accommodations to things that are unrelated to essential job fx.

Question 7

Does the ADA allow an employer to conditionally offer a job on the premise that the individual “not pose a direct threat to the health or safety of other individuals in the workplace?”

Answer 7

Yes. Risk must be significant, individualized, and based upon objective and factual evidence v. Subjective ideas about people with mental illness (bipolar, scz). Some jobs can easily endanger others if inadequately performed.

Question 8

What was the finding in Bates v. Dura Automotive Systems?

Answer 8

THe court ruled that an employer is within its rights to terminate someone for oxy and other rx use; rationale: side effects of drugs, drug labels’ warning against hte use of the meds while operating machinery, and the demands of the job.

Question 9

What was the finding in Chevron USA v. Echazabel?

Answer 9

ADA direct threat also applies to harm to self.

Question 10

How does the ADA affect the job application process?

Answer 10

• Types of q’s an employer can ask (e.g., do you have an impairment or d/a)
• Types of tests that can be administered (before and after the offer like police stuff, tests used to screen out d/a can only do so using exclusion criteria that are job-related and consistent with business necessity)
• Creates rules for the administration of tests (you can ask fo drug UAs anytime)

Question 11

If someone feels like they were discriminated against, who do they contact?

Answer 11

EEOC, who sees if there is reasonable cause. If not, the employee can file a tort suit.

Question 12

What do you need to consider if doing a direct threat evaluation?

Answer 12

• Duration of risk
• Severity of alleged harm
• Likelihood of harm
• Imminence of harm

Question 13

What is the Fair Housing Amendments Act?

Answer 13

FHAA prohibits discrimination in the sale or rental of housing on the basis of a handicap.

Goal: inclusion and integration of people with handicap/disabilities. It has attacked notions of housing zoning and requiring public announcements when house for people with mental disabilities is being built

Question 14

What is a qualified tenancy?

Answer 14

Similar to “qualified individual” concept in ADA, and excludes those that pose a “direct threat”

Question 15

What sort of referral question arises in FHAA contexts?

Answer 15

Whether the person is dangerous enough to evict from public housing. The threats must be recent, and the landlord must have tried to make a reasonable accommodation.

Question 16

What is the difference between SSDI and SSI?

Answer 16

Social security disability insurance: provides benefits to people who have worked, and paid into SS trust fund in 20 of 40 calendar quarters prior to the disability.

Supplemental security income: available to anyone meeting eligibility criteria, regardless of work history or payment of SS taxes (e.g., kids born with disabilities that will last 12 months+ or cause death)

Question 17

What is the difference between the ADA vs. SSDI or SSI?

Answer 17

Protects those who can work vs. those who cannot work/fx at self-sustaining level.

Question 18

What 2 forms are important to review in SSA evals?

Answer 18

Psychiatric Review Technique Form and

Residual Functional Capacity Assessment Form

Question 19

What 4 domains of functional impairment does one assess in SSA evals?

Answer 19

1) Understanding, remembering, or applying info (intellectual fx)
2) Interacting with others (with coworkers and the public, respond to feedback)
3) Concentrating, persisting, or maintaining pace (cognitive fx, time management)
4) Adapting or managing oneself (emo/bx regulation, adapt to changes, hygiene, good v. Bad work, manage psych sx, mindful of risks)

Question 20

In SSA evals, are criteria for adults and children different?

Answer 20

Yes. Kids are broken down by age bracket with developmentally appropriate guidance

Question 21

What constitutional rights are afforded in immigration proceedings?

Answer 21

Due process via participation in immigration court. They can retain their own attorney, but they’re not guaranteed a govt-paid one.

Question 22

What psychological grounds can be used for individuals to get relief from deportation (removability or admissibility)?

Answer 22

• Asylum: persecuted based on ID
• Hardship: Will a relative suffer if you are not allowed in
• Risk for torture: likely to be tortured in country of origin.
• DV
• Abused, neglected, or abandoned kids
• Discretionary determinations: rehabilitated from prior criminal conduct or substance use
• Risk Assessment
• Competency to proceed in immigration proceedings (similar to dusky)

Question 23

What is the IDEA

Answer 23

Individuals with Disabilities Education Act. Based on the principle that children with d/a are entitled to the same education as their nondisabled peers, and seeks to provide free appropriate public education in the least restrictive environment for kids with d/a.

• Comparable benefits and services
• Prohibit policies/practices that discriminate
• Reasonable accommodations
• Feasible mainstream integration

Question 24

Is the burden on the school or student to demonstrate that removal from a regular education is appropriate?

Answer 24

The school.

Question 25

What was the impetus for the IDEA?

Answer 25

Kids with d/a were warehoused in terrible institutions, but research showed they could benefit from education. There was a push to integrate them into the community bc:

• liberty
• tx in comm had same effect
• comm svcs = closer to family
• comm svcs = give them practice and role models in dealing with the rest of the world.
• exposure to comm reduce to stigma

Question 26

What was the finding in P.A.R.C. Versus PA?

Answer 26

Relied on Brown v. Board of Ed. Prevented PA public schools from denying admission to kids with DD, changing their education status without NOTIFICATION or an opportunity for a DUE PROCESSS hearing.

Question 27

What was the finding in Mills v. Board of Ed?

Answer 27

Expanded PARC to children with alleged mental, bx, physical, and emo d/a, and precluded the District of Columbia school system from using “insufficient financial resources” as an excuse to deny education to such children.

Question 28

What was the finding in Youngberg v. Romero?

Answer 28

Deliberate indifference to the serious tx needs of institutionalized individuals with d/a constituted a violation of the 8th Amendment.

Question 29

What was the finding in Honig v. Doe?

Answer 29

IDEA confers upon d/a students an enforceable substantive right to public ed in participating states… and conditions federal financial assistance upon states’ compliance with substantive and procedural goals of the act.

Office of Special Ed Programs monitors states’ use of federal funding.

Question 30

What does the IDEA cover?

Answer 30

Guarantees up to 22yo, any person with d/a, a “free appropriate public ed” as well as “related services” in the “least restrictive environment.

Question 31

What is the definition of MR/ID under the IDEA?

Answer 31

Significantly sub average general intell fx, existing concurrently w/deficits in adaptive bx and manifested during the dvptl period, that adversely affects a child’s ed performance.

Question 32

What is the definition of emo disturbance under IDEA?

Answer 32

Lasts a long period of time and to a marked degree that affects the child’s educational perf, and characterized by:

• inability to learn that can’t be explained by intellectual, sensory, or health factors
• inability to build or maintain satisfactory interpersonal rel with peers and teachers
• inappropriate types of bx or feelings under normal circumstances
• general pervasive mood of unhappiness of dep
• a tendency to develop physical sx or fears associated with personal or school problems.

Question 33

What is the definition of LD under the IDEA?

Answer 33

A discrepancy between IQ and achievement scores (does not include LDs that result from conduct disorders, family dysfunction, or psychosocial stressors)

Question 34

What is the definition of a “free appropriate public education”?

Answer 34

Special ed and related svcs that are provided at public expense, under public supervision and direction, conform with the standards of the state educational agency, and include an appropriate preschool elementary school, or secondary education in the state involved.

• Brown v. BoE’s def: requires free personalized instruction with sufficient support svcs to permit the child to benefit educationally from that instruction.
• Hendrick Hudson School v. Rowley: some benefit is sufficient, not resources for optimal potential
• Endrew F. Ex rel Joe F: needs to help kids make progress appropriate in light of circumstances —> after this case, many schools went above and beyond for equity.

Question 35

What is “related services” under the IDEA?

Answer 35

Svcs required to assist a child with a d/a to benefit from special ed. Included developmental, corrective, and other supported svcs, psych, therapeutic rec, SW, rehab co, medical svcs.

Irving Indpt School v. Tatro: SCOTUS said only svcs necessary to aid a handicapped child to benefit from sped. NECESSARY is key word.

Question 36

What is “least restrictive environment” under the IDEA?

Answer 36

• Focus is on mainstreaming.
• SCOTUS has yet to address this one, unlike other prongs.
• Roncker v. Walter: When a school disagrees with the parents and wants to put the kid in a class for ID, must consider: (1) Does the placement provide some educational benefit per Rowley, and (2) if proposing segregated placement, could the svcs in that setting be feasibly provided in a non-segregated setting (parents win in this case).
• Daniel R.R. V. State BOE: The Ronker test was rejected. A Daniel test was created. (1) Whether ed in a regular class with supplemental aids and svcs can be achieved satisfactorily. (2) If so, mainstream. If not, put kid in sped or remove them from regular ed, but mainstream as much as possible.

Question 37

What do IEPs require?

Answer 37

• Child’s present lvl of ed perf
• measurable goals
• sped + related svcs to be provided
• extent to which they will not be mainstreamed
• individual modifications in the administration of assessments that are needed for the kid to participate in the assessment
• projected date for onset of svcs, frequency, location, and duration of svcs and modifications
• needed transition svcs at applicable ages
• how progress will be measures.

Needs to happen 1x/yr.

Question 38

What is an individualized family service plan?

Answer 38

Similar to IEP, but for kids with d/a under age 6. Focus on whole family. It helps to ID d/a and provides wraparound services for early intervention. If parents don’t like it, they can ask for an independent education evaluation.

Question 39

If a child with a d/a is in a regular class, can the same disciplinary rules be applied?

Answer 39

• Wood v. Strickland: Ed is right of liberty and protected by 14th. Expulsion must be given due process.
• Goss v. Lopez: due process = suspension limited to 10D may only be given after oral or written NOTICE is given, with explanation of evidence, and an opportunity for the kid to present their side of the story. With expulsion, the child has a right to secure counsel, confront/examine witnesses, and have case heard by an impartial hearing officer.
• Honig v. Doe: Schools can use normal disciplinary procedures up to 10D of temporary suspension, but do longer removals by coordinating with the parents to agree on an interim placement, but needs to review it.

If a kid causes SBI to another, the school can remove them to an interim alt ed setting and ignore “stay put” provision for up to 45D.

Question 40

IDEA doesn’t extend to college, but what can one do?

Answer 40

Can request reasonable accommodations - curriculum modifications, testing accommodations, assistive technologies, and special academic counseling. Dx alone is insufficient.

Question 41

Are personality disorders included in the ADA?

Answer 41

No, but they are in EEOC regulations.

Question 42

What are the 3 prongs in the ADA definition of disability?

Answer 42

1) Physical or mental impairment that substantially limits 1+ major life activities
2) Record of the impairment must exist.
3) Being regarded as having such a impairment (perception is ok)

Just one prong needs to be met.

Question 43

What was the finding in School Board of Nassau County Fla v. Arline (1964)?

Answer 43

To discharge an employee with a d/a under threat of harm, the employer must demonstrate the worker constitutes a direct threat to others at work (or to themselves)

Question 44

What was the finding in Mazzarrella v. USPS (1994)?

Answer 44

A worker who engages in threatening bx is not considered a qualified person with a disability.

Question 45

What did the ADA Amendment Act do?

Answer 45

Broadened the def of d/a to include episodic mental health syndromes, so long as they substantially limit a major life activity.

Question 46

What are the 4 common types of referral questions in ADA litigation?

Answer 46

1) Employer failed to provide reasonable accommodations
2) Disparate tx and impact (differential tx on basis of d/a or neutral policy discriminated against them +emo damages)
3) Reprisal for protected conduct
4) D/a harassment and hostile work environment