Related Objectives

· Develop basic understanding of how federal disability laws impact libraries and educational institutions

· Recognize compliance challenges and successes in educational environments

· Identify best practices and available resources

Introduction to the ADA

Under Title II of the Americans with Disabilities Act (ADA), public entities, including public schools, (regardless of whether they receive federal funding), and libraries, are prohibited from discrimination on the basis of disability. Students and parents with disabilities must not be "excluded from or denied the benefits of services, programs, or activities of a public entity, or otherwise subjected to discrimination by a public entity, by reason of disability" (Office for Civil Rights in the U.S. Department of Education, 2012).

In libraries, the ADA plays a crucial role in protecting individual rights by guaranteeing that buildings and transportation are accessible. The ADA, which was originally passed in 1990 and amended in 2008 (ADA Amendments Act, or ADAAA) to broaden the definition of disability, applies equally to both librarians and students who have a disability that substantially limits one of life's major activities.

For example, a student may have lost the ability to ambulate independently and uses a wheelchair to get around. In this instance, the student does not have a disability that impairs their learning process; but the student may need a modification of library services if he needs to get to the second floor. Under the ADA, it is the library or educational institution's responsibility to ensure that there is an elevator or another way for the student to access the resources they need.

The ADA does not impose any obligations on the library to modify instruction or programs. These obligations come from the other laws to which you have been introduced, such as Section 504 and IDEA. The ADA, however, does have implications for librarians: we must be able to effectively communicate with students (and parents) with disabilities, and to provide students with disabilities an equal opportunity to benefit from the services and programs offered at the library, such as access to reading materials, the library stacks, online catalog, and copy machine.

What do Librarians Need to Know?

A key concept of the ADA is that covered entities must ensure that they use effective communication with individuals who have disabilities that affect communication, such as hearing, vision, reading, learning, speech, intellectual, and sometimes mental health impairments.  Ensuring effective communication may require that libraries provide large print versions of documents for students who have low vision or provide access to a Braille printer and software that converts between text and Braille.

Another key concept under the ADA is that all students with disabilities are entitled to equal opportunities to participate in and benefit from the programs and services of educational institutions. By law, "reasonable accommodations" must be provided for individuals with disabilities.

Examples of "reasonable accommodations" by libraries include:

· Allowing service animals to attend library events or programs

· Making sure the aisles are wide enough for all to pass comfortably

· Providing alternate entrances and exits

· Ensuring that there are funds for a sign language interpreter if needed

· Having assistive devices on hand

· Using microphones at events to ensure that everybody can hear

· Providing handouts of the materials that students will be working with

· Ensuring that parking lots and ramps are in compliance with the ADA standards

· Providing request forms for students who need accommodations , and allowing students or parents to make suggestions for appropriate accommodations

Tennessee

Tennessee is a member of the Southeast ADA Center.  The Tennessee Disability Coalition provides additional information and advocacy for individuals with disabilities.

References

Ali, R. (2012, January 19). Dear colleague letter. U.S. Department of Education, Office of Civil Rights. Retrieved from http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201109.html