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Compliance With The Americans With Disabilities Act:

A Self-Evaluation Guide for
Public Elementary and Secondary Schools

OFFICE FOR CIVIL RIGHTS DEPARTMENT OF EDUCATION 
UNITED STATES OF AMERICA

This Guide is intended to serve as a resource to assist school districts in conducting their self-evaluations under the Americans with Disabilities Act (ADA). This Guide was developed by the U.S. Department of Education's Office for Civil Rights in cooperation with Adaptive Environments, Inc. Funding was provided by the National Institute on Disability and Rehabilitation Research (NIDRR) as part of its ADA technical assistance initiative. The Civil Rights Division of the U.S. Department of Justice provided support for dissemination of the Guide. The Guide reflects the interpretations of the U.S. Department of Education's Office for Civil Rights, to which the U.S. Department of Justice has delegated responsibility for ensuring that public school systems are in compliance with Title II of the ADA. It has been reviewed by the Civil Rights Division of the U.S. Department of Justice, the U.S. Equal Employment Opportunity Commission, and the U.S. Department of Education's Office of the General Counsel and Office of Special Education and Rehabilitative Services. It is important to note that while the Guide reflects the interpretations of the U.S. Department of Education's Office for Civil Rights, the Title II regulation must be consulted for a complete understanding of the legal requirements of Title II. This Guide is available in alternative formats upon request.

Additional copies of the Guide may be purchased from the U.S. Government Printing Office, (202) 512-1800. For further technical assistance in understanding the responsibilities of public school systems under Title II of the ADA, public school officials can contact the U.S. Department of Justice's ADA Information Line at (800) 514-0301 (voice), (800) 514-0383 (TDD). ADA specialists are available to provide technical assistance 10 A.M. to 6 P.M. eastern time Mondays through Fridays, except Thursdays when the hours are 1 P.M. to 6 P.M. Public school officials can also contact the ADA National Access for Public Schools Project, funded by NIDRR, at Adaptive Environments, Inc., (800) 893-1225 (voice/TDD).

ACKNOWLEDGMENTS

The U.S. Department of Education's Office for Civil Rights acknowledges the efforts of the following individuals who have contributed substantively to the development of this Guide:


CONTENTS

PREFACE

1. How This Guide Can Help You 
2. How the Guide Is Structured 
3. Citations 

CHAPTER ONE: INTRODUCTION TO TITLE II 

1. Background of the ADA 
2. An Overview of the ADA 
3. The Scope of Title II 
4. Title II and Other Laws 
5. The Building Blocks of Title II 

CHAPTER TWO: WHO IS PROTECTED UNDER TITLE II?

1. Who Is a Person with a Disability?
2. What Does It Mean to Be Qualified? 
3. Associational Discrimination 
4. Retaliation or Coercion 
5. Exclusions from ADA Protection 

CHAPTER THREE: PLANNING FOR COMPLIANCE

1. Five Action Steps 
2. Four Principles of Effective Compliance 
3. The Three-Phase Process 
4. Implementation: Conducting the Planning Process 

CHAPTER FOUR: GENERAL NONDISCRIMINATION REQUIREMENTS

1. Overview of FAPE Requirements That Are Incorporated in General Prohibitions 
2. General Prohibitions Against Discrimination 
3. Illegal Use of Drugs 
4. Smoking 
5. Maintenance of Accessible Features 
6. Retaliation or Coercion 
7. Personal Devices and Services 
8. Implementation: Conducting the Review of Nondiscrimination Policies and Practices 

CHAPTER FIVE: REQUIREMENTS FOR EMPLOYMENT POLICIES AND PRACTICES

1. An Overview of Applicable Legal Standards 
2. Overview of Legal Requirements 
3. Basic Definitions 
4. The Obligation to Provide Reasonable Accommodation 
5. Qualification Standards and Selection Criteria 
6. Nondiscrimination in the Hiring Process 
7. Post-Offer and Employee Medical Examinations and Inquiries 
8. Limiting, Segregating, or Classifying Job Applicants or Employees 
9. Contractual or Other Relationships 
10. Discrimination on the Basis of Relationship or Association 
11. Retaliation and Coercion 
12. Defenses 
13. Implementation: Conducting the Review of Employment Policies and Practices 

CHAPTER SIX: PROGRAM ACCESSIBILITY

1. Program Accessibility 
2. Program Access in Existing Facilities 
3. Fundamental Alterations or Undue Burdens 
4. Designated Historic Buildings 
5. Providing Access in Leased Space 
6. Transition Plans 
7. New Construction and Alterations 
8. Maintenance of Accessible Features 
9. Implementation: Conducting the Program and Facility Access Review 

CHAPTER SEVEN: REQUIREMENTS FOR EFFECTIVE COMMUNICATION

1. An Overview of Communication Requirements 
2. Providing Auxiliary Aids and Services 
3. Guidelines for Determining Which Types of Auxiliary Aids and Services to Provide 
4. Technologies Available as Alternatives to Visual, Aural, and Oral Communication 
5. Interpreter Services 
6. Telephone Communications 
7. Emergency Telephone Services 
8. Information and Signage 
9. Fundamental Alterations or Undue Burdens 
10. Structural Communication Features 
11. Implementation: Conducting the Review of Communications 

CHAPTER EIGHT: COMPLIANCE PROCEDURES

1. Complaints 
2. Employment-Related Complaints 

RESOURCES

INDEX

 http://www.edlaw.net/service/guidcont.html

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