Driver's Ed (Reasonable Accommodation)

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How does the ADA interpret reasonable accommodation?

Driver's Ed (Reasonable Accommodation)

The Regulation: Its interpretation of regulations and policy as it relates to Driver's Education classes.

"Under Section 504 (CFR Section 104.37) and Title II of the Americans with Disabilities Act (ADA), if the course is offered by the public high school, the school district is obligated to get the equipment the student needs for the course, if the student has a disability requiring such, like a student with dwarfism or a student using a wheelchair, who may need extensions, hand-controls, etc.

They should try to provide adaptations to the regular driver's education course instead of paying for the student to attend a special needs driver's ed course, unless that's what the student actually needs (as opposed to what is easier for the school.) The student can only be charged the same fees every other student there is charged is charged for driver's education.

If the driver's education course occurs at the high school, but is run by a private firm, which distributes fliers through the school, etc., the private driving school is obligated under Title III of the ADA to make reasonable modifications. And, if the firm refuses to do so, then the school district is violating Section 504 and Title II if it continues to allow the firm to operate a course at the school, because the school district is not allowed to support or do business with an organization that is violating ADA.

Section 504 and Title II in schools and colleges are enforced by the US Dept of Education, Office for Civil Rights. The regional office which handles Ohio is in Cleveland, 216-522-4970."

http://www.ed.gov/offices/OCR is the general Office for Civil Rights site.

   

Comments

6/5/2011 11:38:09 AM
Leisha said:

This has been the most helpful advice I have found. My daughter is 17 and she is physically challenged. I have not been able to get answers from anyone on this topic. Thank you so much!




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