QuoteThe law also overturns Sutton's holding that a disability must limit more than one major life activity. Moreover, the bill will clarify that major life activities include working, communicating, concentrating, thinking, reading, and other activities of central importance.
QuoteImportantly for children with disabilities, the ADAAA applies equally to 504. Unlike the
situation with employment, most school districts appropriately applied the law to 504
eligibility questions, and accommodated a range of students with disabilities. Thus, the
ADAAA will not make any substantial changes in what most districts already do. But the
law provides an important remedy for those children who have inappropriately been
denied 504 eligibility. COPAA had received reports of some school districts denying 504
eligiblity to children with diabetes, life-threatening food allergies, learning disabilities,
ADHD, Aspergers Syndrome, and other disabilities. For example, one school district
argued that because a 6yo with a life-threatening nut allergy could care for himself about
as well as other 6yos, and because he could breathe just fine when not suffering from
anaphylaxis, he wasn't substantially limited and didn't have a disability under 504
QuoteSome good commentary here in this document and some quotable-quotes!
http://www.law.georgetown.edu/archiveada/documents/ADAAACR9.17.08.pdf
~ ~ ~
ETA -- link to another brief thread in Schools where we celebrated the passage of this legislation:
http://allergy.hyperboards.com/index.php?action=view_topic&topic_id=6654&start=1
Quote from: 13 post_id=180866 date=1236624138Impact of the 2008 ADA Amendment on School Districts
by Sue Gamm, Esq.
http://www.publicconsultinggroup.com/Research/Education/ADA_Amendment.html
Link that appears to be .pdf version of this:
http://www.casecec.org/pdf/ADA%20Amendment%20Explanation%2012-14-08--Sue%20Gamm.pdf
ETA -- It appears we're starting to see some available online commentary about this Act and the impact for schools.
Please feel free to comment or add things you've found here as well!
Quote from: 13 post_id=180878 date=1236624771More (note, some of these are from the school-attorney's slant and some from the disability-rights take):
"School Law Bullet"
http://www.kingspry.com/documents/SLB29-2009.pdf
Ohio Coalition for the Education of Children with Disabilities
http://www.ocecd.org/ocecd/h_docs/FORUM/08_1112_ADAdefinesDisability.cfm
Interesting posted online letter addressed to Pres Obama, supposedly from an educator in Texas:
http://webcenter.netscape.governmentguide.com/congressorg/bio/userletter/?letter_id=2977662146&content_dir=politicsol
Quote
OCR's Revised Q&A doc --
THANK YOU to WarmT for posting this!
http://allergy.hyperboards.com/index.php?action=view_topic&topic_id=10259
http://www.ed.gov/print/about/offices/list/ocr/504faq.html
Quote
http://specialedlaw.blogs.com/home/2008/09/ada-amendments.html
Importantly for children with disabilities, the ADAAA applies equally to 504. Unlike the situation with employment, most school districts appropriately applied the law to 504 eligibility questions, and accommodated a range of students with disabilities. Thus, the ADAAA will not make any substantial changes in what most districts already do. But the law provides an important remedy for those children who have inappropriately been denied 504 eligibility. COPAA had received reports of some school districts denying 504 eligiblity to children with diabetes, life-threatening food allergies, learning disabilities, ADHD, Aspergers Syndrome, and other disabilities. For example, one school district argued that because a 6yo with a life-threatening nut allergy could care for himself about as well as other 6yos, and because he could breathe just fine when not suffering from anaphylaxis, he wasn't substantially limited and didn't have a disability under 504. Other 504 situations involved children with disabilities who are unable to obtain 504 plans with appropriate behavioral supports and access to appropriately challenging school work.
Bold added by me.
I think the child they refer to might be my sons case.
WarmT
Quote
Kentucky recent pub about ADA AA and how it may/may not effect how they handle 504s:
http://www.grrec.ky.gov/CaveWeb/Advisory%20Council/504%20and%20the%20ADAA.doc
Connecticut attorney commentary:
http://www.connecticuteducationlawblog.com/2008/10/articles/student-matters/ada-amendments-will-require-changes-to-504-forms-and-procedures/
Quote
Related org link:
Council for Exceptional Children
http://www.cec.sped.org/AM/Template.cfm?Section=Home&TEMPLATE=/CM/ContentDisplay.cfm&CONTENTID=10412
Quote
Site to explore --
DBTAC: Mid-Atlantic ADA Center
Your regional Disability and Business Technical Assistance Center (DBTAC)
http://www.adainfo.org/
Would like to see any publications or written info that come out of this:
2009 National ADA Symposium:
Revitalizing the ADA
June 8-10, Hyatt Regency Crown Center, Kansas City, MO
Quote
Discussion of new ADA as related to pupil transportation:
Volume 7, No 3 May 2009
http://www.legalroutes.com/SampleIssue.pdf
If you want this saved, I'd do it to harddrive or print a copy. I'd bet this gets changed out regularly.
Quote
More updated discussion and reference to the ADA amendment 2008:
http://www.franczek.com/frontcenter-323.html
Quote
Please see this thread in Schools:
http://allergy.hyperboards.com/index.php?action=view_topic&topic_id=6654&post_id=122595#122595