A: The ADA’s integration mandate requires public entities to “administer services, programs, and activities in the most integrated setting appropriate to the needs of qualified...
Search Results "Equal Opportunity"
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1. What is the ADA’s Title II integration mandate, and how does it apply to state and local governments’ employment service systems?
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§ 35.130 General prohibitions against discrimination.
[Order No. 1512-91, 56 FR 35716, July 26, 1991, as amended by AG Order No. 3180-2010, 75 FR 56178, Sept. 15, 2010; AG Order 3702-2016, 81 FR 53225, Aug. 11, 2016]
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§ 35.130(b)
(b)
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4. What factors should a public school district consider in determining what auxiliary aids or services are necessary to afford qualified students with disabilities an equal opportunity to participate in, and enjoy the benefits of, the public school’s services, programs, or activities?
the provision of supplementary aids and services, to provide nonacademic and extracurricular services and activities in the manner necessary to afford every child with a disability an equal...
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2. What is the most integrated setting under the ADA and Olmstead in the context of a state and local government’s employment service system?
employment setting is work on a full- or part-time basis, at minimum wage or above, at a location where the employee interacts with individuals without disabilities and has access to the same opportunities...
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10. How do the IDEA FAPE and the Title II effective communication requirements differ with regard to the obligation to provide communication for students with disabilities attending public elementary and secondary schools?
They further require that a district provide appropriate auxiliary aids and services where necessary to afford a person with a disability an “equal opportunity” to participate in and enjoy...
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3. How can state and local governments’ employment service systems ensure that people with disabilities have access to competitive integrated employment?
employment professional who is familiar with how to support people with disabilities in competitive integrated employment and how to connect a person with a disability with employment opportunities...
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4. What evidence may a person with a disability rely on to establish that an integrated setting is appropriate for him or her?
A: A considerable body of professional research shows that people with significant disabilities can work in integrated employment settings.24 Moreover, numerous states have adopted...
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5. What factors are relevant in determining whether an individual does not oppose receiving services in an integrated employment setting?
A: People with disabilities in or at risk of entering segregated employment settings must have the opportunity to make an informed decision about whether to work in integrated employment...
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6. Do the ADA and Olmstead apply to persons at serious risk of segregation in sheltered workshops?
encourages students with disabilities to participate in sheltered workshops; and/or routinely refers students to sheltered workshops as a postsecondary placement without offering such students opportunities...
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Program Accessibility
Under Section 504 of the Rehabilitation Act and 7 CFR 15, access to programs that don't depend on constructed facilities also are required to provide equal opportunity to all....
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7. What remedies address violations of the ADA’s integration mandate in the context of disability employment systems?
whether employment services are effective in allowing individuals with disabilities to be integrated to the fullest extent possible with non-disabled peers is whether they participate equally...
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8. What is an Olmstead Plan in the state and local government employment service system context?
A: An Olmstead plan is a public entity’s plan for implementing its legal obligation to provide services to individuals with disabilities in the most integrated setting appropriate.35...
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9. Is the ADA limited to segregation in employment settings when the same individuals are also subject to segregation in other settings during the day, like facility-based day programs?
A: No. The ADA and the integration mandate have a broad reach; Title II of the ADA covers all services, programs, and activities of state and local government entities. For example,...
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Application
Two principles that are fundamental to Title II of the ADA and Section 504 are: (1) individualized treatment; and (2) full and equal opportunity. ...
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III-3.1000 General
Individuals with disabilities may not be denied full and equal enjoyment of the "goods, services, facilities, privileges, advantages, or accommodations" offered by a place of public accommodation...
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§ 35.130 General prohibitions against discrimination
§ 35.130 General prohibitions against discrimination.
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II-3.1000 General
II−3.1000 General. Most requirements of title II are based on section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of handicap in federally...
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Section 35.160 Communications. (Section-by-Section Analysis)
In addition, a public entity must ‘‘furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in, and...
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§35.130(b)
(b)
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II-3.3000 Equality in participation/benefits
II−3.3000 Equality in participation/benefits. The ADA provides for equality of opportunity, but does not guarantee equality of results....
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III-3.3000 Equality in participation/benefits
III−3.3000 Equality in participation/benefits....
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§104.33(b)(1)(i)
(i) are designed to meet individual educational needs of handicapped persons as adequately as the needs of nonhandicapped persons are met and
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§104.37(a)(1)
(1) A recipient to which this subpart applies shall provide non-academic and extracurricular services and activities in such manner as is necessary to afford handicapped students an equal...