ADA and Legal Considerations

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(1) Describe how the Americans with Disabilities Act (ADA) and the law influences working with students who have a disability.

The Americans with Disabilities Act (ADA, 1960) signed into law by President George H.W. Bush is one of America's most comprehensive pieces of civil rights legislation. The Act prohibits discriminating against persons with disabilities and guarantees that people with disabilities have the same opportunities as everyone else to participate in the mainstream of American life -- to enjoy employment opportunities, to purchase goods and services, and to participate in State and local government programs and services. Further, the Act provide persons with disabilities with basic rights that include: (a) employment opportunities, the purchase of goods and services and the right to participate in programs and/or services of state and local governments. The legislation is modeled after the 1964 Civil Rights that prohibits the discrimination on the basis of race, color or creed (www.ada.gov.). Based on the ADA's definition, a disability is characterized as a physical or mental impairment that limits major life activities, a person who has a history or record of impairment, or a person who is perceived by others as having such an impairment (www.ada.gov). In his review of "Disability and aging Discrimination: Perspectives in Law and Psychology, Eisenmann (2011) noted that "disabled people often face prejudice and a lack of help" and fear because they remind individuals of their own mortality. He explains research generated by social psychology theories suggesting that, "People tend to perceive outsiders as threatening to their own group's power and resources."(p. 263).

For instance, research is presented to suggest that functional disabilities contribute to depressive symptomatology in older adults. In addition persons with disabilities experience adverse consequences on ...