Action Needed on ADA Bill Pending in Congress

ADA for parents of children with special needs may not be part of everyday concerns. When our children age out or graduate from IDEIA this will be one of the primary sources of substantive rights in the workplace and in public accomodations. Recent Court cases have greatly weakened the legal protections of ADA which can be reversed in Congress. This bill is different from the IDEIA legislation that is still pending in Congress. The following is a call for legislative action from COPAA!

From COPAA (The Council of Parent Attorneys & Advocates: http://www.copaa.org ):

Please contact Congress to support the ADA Amendments Act of 2008, H.R. 3195. The bill could come to a vote next week.  This important bill will amend the ADA and Section 504 to ensure that the rights of adults and children with disabilities are protected.  When Congress passed the ADA in 1990, it was intended to protect people with disabilities from discrimination.  A series of Supreme Court decisions narrowed the act, holding that many people with disabilities were not eligible for the ADA¢s protections.  H.R. 3195 will override them and re-establish the protection against discrimination that Congress intended.  (This is the same bill that is sometimes called the ADA Restoration Act.)

If you represent an organization or disabilities group (including informal parent group), we would also appreciate it if you would write a letter to Congress on your letterhead (if you have it) and provide a copy to COPAA: govrelations@copaa.org 

Please ask your Congressional Representatives to support H.R. 3195, the ADA Amendments Act of 2008.  Call 202-224-3121 (TTY 202-225-1904) and ask for your Representative¢s office.  You can send an email and look up your Representative here: http://www.house.gov/writerep

The bill could come to the House Floor for a vote as early as next week, so please call or email promptly.  Calls are much more useful if you can make them.

H.R. 3195 IS VERY IMPORTANT BECAUSE IT WILL RESTORE EMPLOYMENT RIGHTS UNDER THE ADA AND MAKE CLEAR THAT THE SAME LANGUAGE APPLIES TO SECTION 504 OF THE REHABILITATION ACT.

Since both laws define disability the same way, the same corrective language should apply to both.  Unfortunately, a few school districts began attacking the bill yesterday in the press, arguing that it should not apply to 504 to protect children in school.  We need to help show that there is support for the bill.

First, the ADA Amendments Act of 2008 will protect youth with disabilities moving into the world of employment.

Courts have wrongfully narrowed the ADA and held that people with epilepsy, diabetes, intellectual and developmental disabilities, muscular dystrophy, and cancer (among many others) are not eligible for the ADA¢s protections.  Studies show that plaintiffs lose 97% of ADA employment discrimination claims, mainly because they cannot meet the definitions of disability established by the Supreme Court.  This is not what a bipartisan Congress intended when it passed the law.  H.R. 3195 will overturn these decisions.      

    H.R. 3195 will ensure that people with disabilities do not lose ADA eligibility simply because their condition can be addressed with assistive technology or helped by medication.  It will ensure that employees are not discriminated against because of their actual or perceived impairments.  It will make clear that the ADA protects people whose disabilities prevent or severely restrict them from doing activities of central importance to most people¢s lives.  H.R. 3195 will thus correct the decisions in Sutton v. United Airlines, Toyota Motor Manufacturing v. Williams, and their companion cases.

Second, H.R. 3195 will add simple conforming language applying the ADA Amendments Act of 2008 to Section 504 of the Rehabilitation Act.

Since the ADA and Section 504 define disability similarly, the same amendments should apply to both. Children and young adults with disabilities in school deserve the same protections as adults seeking employment.

When you talk or write to your Congressional representatives, it is important to make these points.  H.R. 3195 will not change what most school districts are already doing to determine whether children with disabilities are entitled to 504 protections.  But it will ensure that no child has the door to equal protection slammed by applying the old, outdated ADA case law to 504.  H.R. 3195 will make clear that the small number of children who have inappropriately been denied 504 eligibility should receive it. 

MORE DETAILED INFORMATION ABOUT H.R. 3195 and Sec. 504

H.R. 3195 is only about ELIGIBILITY for the ADA and 504.  This is a different issues from whether 504 plans are effective or inadequate.  It is important today to protect the rights of children to be ELIGIBLE under 504, just as adults would be under the ADA.  That is what H.R. 3195 will do.  Please stay focused on this.

No child should have the door to 504 eligibility slammed because of old, outdated ADA case law, that a bipartisan consensus agrees should be changed.  H.R. 3195 will clarify that those children who have been inappropriately denied 504 coverage under outdated ADA-like theories are entitled to 504¢s protections.  This is a relatively small number of children, but it is crucial that they be protected.

Still, it is important to emphasize that H.R. 3195 will not cause schools to face any major changes in determining IDEA eligibility.  Most schools correctly find that children with a range of impairments are eligible for 504¢s protections.  In general, courts considering claims from students with disabilities have generally held that those children are eligible for 504, unlike the employment decisions. 

It is a myth to claim that H.R. 3195 will force school districts to accommodate large numbers of children that they would not otherwise.  H.R. 3195 includes provisions to protect schools and employers against inappropriate disability claims.  It is important to protect against discrimination, both in employment and at school.  It appears that some school districts are unfortunately fighting the bill.  The effect of excluding school districts is that some districts could begin in the future denying children with disabilities the same promise of equal protection and protection from discrimination under 504.  This is wrong.  Every child deserves to be free of discrimination.

Please urge your Congressional Representatives to support H.R. 3195 and keep America¢s promise to people with disabilities: children and adults.  Equality of the law and justice will benefit all Americans.

Thank you,

Robert Berlow

Jessica Butler

COPAA Govt. Affairs Co-Chairs

Denise Marshall

COPAA Executive Director

Council of Parent Attorneys & Advocates, Inc.

A National Voice for Special Education Rights & Advocacy

www.copaa.org

email protectidea@copaa.org

Comments

[Sandy Alperstein]

Thanks for posting this, Charlie! Today (Tues, 6/24) is National Call-In Day for this bill, but even if people can't call today, they should at least email and then try calling tomorrow if they can. It only takes a couple of minutes to call, and even less to email. The more support we have, the better!

[Stephanie Nuttall]

I have a Question. What can I do if I am disabled and I feel Like I am discriminated against?

Ed. Contact your local EEOC, ADA enforcement office or a private attorney in your area who practices in this area. Look to the local bar association for some guidance.