Recent Updates and Settlements in ADA and Education Cases

Explore the latest developments in ADA and education law, including cases, settlement agreements, and issues related to administrative procedures, qualified surcharges, structural access policies, retaliation, and more. Learn about notable resolutions between organizations and the Office for Civil Rights, as well as court rulings on accommodation requests and program qualifications. Stay informed on key topics affecting students with disabilities and educational institutions.

• ADA
• Education
• Settlements
• Legal Cases
• Accessibility

maey113 Follow

Uploaded on Oct 01, 2024 | 0 Views

Download Presentation

Please find below an Image/Link to download the presentation.

The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author. Download presentation by click this link. If you encounter any issues during the download, it is possible that the publisher has removed the file from their server.

Presentation Transcript

1. ADA and Education Update Cases and Settlement Agreements

2. The Mid-Atlantic ADA Center Operated by TransCen, Inc. Serves Delaware, Maryland, Pennsylvania, Virginia, West Virginia, and the District of Columbia One of ten regional centers that provide guidance, training, and materials on the ADA 800-949-4232 ADAinfo.org 2

3. 2021: Issues in Education Administrative procedures Qualified Surcharges Structural access Policies, leaves of absence for students with mental health conditions Retaliation Issues related to (or amplified by) the pandemic Digital access, virtual/distance education, health/safety protocols 3

4. Administrative Procedures Resolution Agreement between Office for Civil Rights (OCR) and Eastern Virginia Career College 504 notice and grievance procedure 4

5. Qualification for Program Jain v Carnegie Mellon University, Pennsylvania Title III Third Circuit Court of Appeals affirmed lower court s grant of summary judgment for the university Plaintiff was provided accommodations he requested for his ADHD; nevertheless he earned a grade-point average well below what was required to remain in the program 5

6. Surcharges Charging students for the provision of disability-related reasonable modifications (e.g., single dormitory room, access to kitchen) OCR Resolution Agreements Florida Polytechnic University Wake Forest University, North Carolina 6

7. Structural Access Settlement Agreement: United States and Tidewater Community College (TCC), Virginia Title II Program accessibility Compliance with construction and alterations requirements 7

8. Tidewater: Remedies TCC will retain Independent Licensed Architect (ILA) to certify compliance with ADA standards Remediation of barriers identified in facilities constructed or altered since effective date of ADA Achieve program accessibility in existing facilities Plan and timetable for provision and maintenance of accessible sidewalks and curb ramps Directional signage at inaccessible entrances 8

9. Structural Access Plus Settlement Agreement: United States and Central Texas College of Killeen (CTC) Title II Provisions similar to Tidewater, plus CTC will ensure its Emergency Alerts are effective for individuals with hearing and vision disabilities 9

10. Mental Health and LOAs Settlement Agreement: United States and Brown University, Rhode Island Title III Eligibility criteria and policies on students returning from medical leaves of absence for mental health reasons 10

11. Brown: Remedies Revise policies Staff training Record-keeping and reporting to DOJ University to pay no more than $684,000 to compensate affected individuals 11

12. Retaliation Settlement Agreement: United States and Old Dominion University (ODU), Virginia Title II DOJ alleged university violated the law by discriminating against a graduate student for her disability and retaliating against her for engaging in protected activity (requesting a modification of policy) 12

13. ODU: Remedies Retaliation Policy, including detailed definition of retaliation and consequences (including termination) for those who violate the policy Dissemination and notification Staff training Reporting Payment of $40,000 to complainant 13

14. Virtual Learning Access to virtual education as an alternative to in-person participation OCR Resolution Agreements Chamberlain University School of Nursing, Georgia Missouri Valley College, Missouri 14

15. Digital Access Access to online functions and content (e.g., websites, learning management systems, electronic textbooks, emails) OCR Resolution Agreements Miami-Dade College, Florida Framingham State University, Massachusetts Clark College, Washington 15

16. Policies Related to COVID-19 Klaassen v Trustees of Indiana University Constitution (14th amendment; due process) Seventh Circuit Court of Appeals denied plaintiff s motion for injunction and upheld university s policy requiring students to be vaccinated unless exempt for medical or religious reasons; exempt students required to wear masks and be tested twice a week Health exams and vaccinations are common requirements of higher education supported by decades of legal precedence balancing individual rights with common good 16

17. Resources Office for Civil Rights, U.S. Department of Education Back to School: Back to School: Supporting Educational Environments Free from Discrimination (A Resource Collection for Post-Secondary Institutions) Supporting and Protecting the Rights of Students at Risk of Self- Harm in the Era of COVID-19 Great Lakes ADA Center Legal Brief: The ADA and Higher Education 17

18. ADA Questions? Call us! Mid-Atlantic ADA Center 800-949-4232 (DC, DE, MD, PA, VA, WV) 301-217-0124 local 18