Understanding the Americans with Disabilities Act Amendments Act of 2008

A child or an adult has a disability under the ADAAA if she or he has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. 28 CFR 35.108 (a)(1)   Substantially limits" is not intended to be a demanding standard. An impairment does not need to prevent or significantly or severely restrict an individual from performing a major life activity to be substantially limiting; the question is how the impairment limits the individual's ability to perform the major life activity as compared to most people in the general population. 28 CFR 35.108 (d)(1).

The Americans with Disabilities Act Amendments Act of 2008 (ADAAA) was enacted with the purpose of restoring the protections that Congress intended to provide to individuals with disabilities in the Americans with Disabilities Act of 1990. This act was created in response to a series of U.S. Supreme Court rulings that interpreted the statute too narrowly.  Which means the rights of individuals with disabilities were being eroded away and Congress took steps to ensure that the amendments put these back in place these protections.

The ADAAA was designed to ensure that individuals with disabilities are protected from discrimination and that the protections of the Americans with Disabilities Act of 1990 are restored to their original intent. The ADAAA has been successful in expanding the scope of disability protections and making it easier for individuals with disabilities to qualify for the protections of the ADA.   It prohibits discrimination against individuals with disabilities in all areas of public life, including employment, transportation, public accommodations, communications, and access to state and local government programs and services. The ADA provides protections for individuals with disabilities in many different ways.

One of the most important protections provided by the ADA is that it requires reasonable accommodations for individuals with disabilities in and out of schools.  The ADA also requires schools, businesses, and organizations to make their services accessible to people with disabilities. This includes making physical changes to the building, such as installing ramps or widening doorways, and providing auxiliary aids and services, such as providing sign language interpreters or large print materials. The ADA also requires that websites and digital content be accessible to people with disabilities.

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Child Find and the Affirmative Obligations of Schools