ADA in the Public School Setting

The Americans with Disabilities Act (ADA) is a sweeping piece of civil rights legislation directly affecting public schools. Although the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act are more frequently applied, ADA may offer both students and employees another avenue for redress. It is at this intersection between the ADA and the IDEA that requirements for anti-discriminatory policies and practices present serious dilemmas for school officials. Typically, over time courts will provide answers about requirements, and state education agencies will promulgate application regulations. In the meantime, school officials grapple on a regular basis with implementing the requirements of the ADA. The authors of this article describe current circumstances that act as a catalyst for reflection, discussion, and proactive—rather than reactive—responses.