Americans with Disabilities Act in the Education Field

The Americans with Disabilities Act, also known as the "ADA," is a federal statute which is gives Americans civil rights.  These rights apply to the education field. The law prevents discrimination against Americans with disabilities in education, and other areas, including employment, state and local government programs, public accommodations, commercial facilities, transportation, and telecommunications.  Therefore, if a disabled person goes to a location which embodies any one of the above-listed entities, these entities must treat everyone equally.  Failure to do will result in significant penalties and legal consequences.

What Constitutes a "Disability" Under the Law?

The word “disability” is a legal word, as opposed to a medical term under the law.  Pursuant to the ADA, the law defines "disability" as one with a "physical or mental impairment that substantially limits one or more major life activities." A person who has a history of a disability but may not currently have the disability qualifies under the ADA. In addition, if one is affiliated with the person who has the disability, that person is protected under the terms of the ADA as well.

TITLE III of the ADA

The Section of the Americans with Disabilities Act which applies to education is Title III.  Title III requires that places of public accommodation cannot discriminate against people with disabilities.  In addition, under Title III, any place of public accommodation cannot deny full and equal enjoyment of the goods and services offered by the place of accommodation.  Under the law, any "place of education" cannot discriminate.  Places of education is defined to include the following:

• elementary school
• secondary school
• high school
• undergraduate school
• graduate school
• nursery school
• preschool
• kindergarten
• trade school

Enforcing the ADA

If one has been discriminated against under the ADA, there are various options. These include the following:

• file private lawsuit in order to end the discrimination
• file a complaint with the United States Department of Justice who can obtain civil penalties and damages

Getting Legal Help

If one has been discriminated against based upon a violation of the Americans with Disabilities Act in education, one should consult with an experienced disability law attorney as soon as possible.  An experienced disability lawyer can not only examine the facts and circumstances of one's case in order to determine whether a valid case exists, but also an attorney can advise what the next step would be in order to pursue the matter.  Furthermore, a lawyer can help to preserve one's legal rights and help one obtain the compensation one deserves and ensure that the discrimination never happens again.