The Americans with Disabilities Act (ADA)

Section 504 of the Rehabilitation Act of 1973

 

The Americans with Disabilities Act (ADA, PL 101-336) is a civil rights law that was signed by President George Bush in July of 1990.  It is a comprehensive piece of legislation that promotes the right of people with disabilities.  It is similar to, yet more extensive than 504 of the Rehabilitation Act of 1973 which prevents discrimination against persons with disabilities by organizations that receive federal funds. 

 

Federal law (ADA and Section 504) requires that adult education and literacy programs adhere to the following policies to ensure compliance:

 

1. Ensure that all program services are accessible and barrier-free in accordance.
2. Access to program enrollment and orientation will be in accordance with the ADA.

 

3. All adult education and literacy programs are legally responsible for five specific administrative requirements in the ADA and are:

 

• Each program must have a designated ADA coordinator.

 

• Each program must provide public notice.

 

• Each program must have an established ADA grievance policy.  Procedure in this policy should include how, where, and with whom a grievance can be filed, a reasonable time period for filing, reviewing and ruling a grievance, an appeals process, and how each step in the grievance process will be documented.  If the program is part of a larger agency, know the components of that agency’s grievance policy, especially if that agency requires all divisions under its purview to follow them.

 

• Each program must conduct a self-evaluation.

 

• Each program must develop a transition plan regarding accessibility.

 

ACCOMMODATIONS

 

Adult education and literacy programs must understand the difference between accommodations and modifications as part of establishing a foundation for ADA/Section 504 compliance.  An intervention is a strategy or technique that can enhance a student’s learning process, such as color coding, card markers etc.  An accommodation changes or augments the environment to enable individuals to compete or perform academically at an equal level.  Accommodations can only be provided to students when they have a disability that has been documented by a qualified professional.  Information regarding types of modifications and accommodations for the GED test and the application process can be fount at:  http://www.emsc.nysed.gov/ged/.

 

 

CONFIDENTIALITY/PRIVACY ISSUES

 

1.                  According to the Family Educational Rights and Privacy Act (FERPA) of 1974, enacted as Section 438 of the General Education Provisions Act, student information that is considered “private” cannot be shared with anyone who is not designated on a release of confidential information form that has been signed by the student.  Examples of confidential information disclosures include disabilities, recovering substance abuse condition, medical information including AIDS/HIV.  If the student discloses any condition or disability that falls under the Privacy Act, the disclosed information cannot be shared with anyone without a release of confidential information form, including all appropriate signatures.

2.                  Every program receiving state or federal adult education funds will have proper release forms for release and/or transferal of confidential information.

3.                  No confidential information or any other assessment information regarding a student can be shared externally for referrals or recommended testing without a signed release of information form specifying the agency representative or diagnostician to whom the information is to be released.

4.                  Standards for release forms:

a.       Release forms must be on agency letterhead.

b.      Information to be released must be specified.

c.       Individuals/organizations to whom information is to be released must be specified.

d.      A validation statement must be included on the release form,  For example, “This release of confidential information is only valid from the date of signature to (specify ending date) or until canceled by the undersigned in writing.  I understand the information will be kept confidential and will not be shared with any other agency without my consent.  This release form has been read and/or reviewed with me and I understand its content.”

5.                  No student information will be transferred unless appropriate release forms have been completed and are on file.  Faxing and other electronic transfer methods (e.g. e-mail, Internet, telephone) are not permissible for transfer of confidential information.

6.                  No confidential information regarding a student can be shared with the internal program’s teaching, support, or administrative staff without a release of information form signed by the student or parent/guardian when appropriate.

7.                  Any documentation containing disclosures of disabilities or otherwise confidential information will be separated from routine student information and kept in a locked and secure filing cabinet.

8.                  Filing cabinets containing confidential information will remain locked, will be inaccessible to students or support staff, and will have a log filed foremost in each locked drawer upon which entries will be made when confidential files are accessed by any instructional or administrative staff.  Log sheets should include, at a minimum, date of file entry, name of student’s file accessed, name of staff member accessing file, and actions taken.

9.                  Confidential information files will be maintained at the local program level for a period of not less than five years.  Local policies may extend this period.

10.              During program evaluations by adult education evaluation teams, other accrediting agencies or designated evaluators, the following procedures will be followed:

a.       Evaluators will check the physical security of confidential filling cabinet(s).

b.      Evaluators will randomly select files contained in the confidential filing cabinet to monitor the program’s ability to appropriately address and maintain confidential/private information.

c.       Evaluators will not read for detail nor otherwise extract any student information from confidential file folders.

d.      Any information of a confidential nature that a student discloses, whether upon initial intake, during academic assessments, through information assessments, inventories, checklists, or writing exercises should be separated from routine paperwork and filed in the confidential file.