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ERIC EJ918596: Update on the Americans with Disabilities Act

In 1990, Congress enacted the Americans with Disabilities Act as a comprehensive mandate to eliminate discrimination against individuals with disabilities. The ADA's primary intent was to extend the protection of Section 504 of the Rehabilitation Act of 1973. The major difference between the two laws is that Section 504 applies to programs that receive federal funds, whereas the ADA primarily, but not exclusively, covers private programs, particularly employees. Based on the far-reaching significance of the ADA, particularly as it presents financial implications for school boards and their employees, this column examines the ADA's major titles, including a review of its 2008 amendments that took effect on January 1, 2009. It then reviews relevant case law to provide readers with a sense of how the courts have addressed the needs of employees with impairments under the ADA. And finally, it offers recommendations for school business officials and other education leaders who are charged with overseeing the resources of their districts as they implement the reasonable accommodations provisions of the ADA as they relate to employees.

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