Hello,
 
Here is a very detailed response by Glenn Young that  delves further into the 
legal aspects of accommodations.
 
I will let Ruth correct all the errors I am about to  state ... 

The question is "accommodations" for what? And in fact if  "accommodations"
even the right term /// 

Most ABE programs are  actually covered, as Ruth states, in their 
relationships with the people they  work with is Title II of the ADA not Title I (which 
is primarily addressing  employment issues, not "services" and the ABE programs 
are not  hiring the  people but providing services...

Title II requires that public entities enable persons with disabilities  to 
have an "equal opportunity to participate" and "an equal opportunity to  
benefit" from the services being offered. (Which has been found to include the  
right to screen for disabilities and to ask about disability past ---unlike  Title 
I--- if the information is used to enhance services, not to deny or avoid  
services). 

"Public entity." The term "public entity" is  defined in accordance with
section 201(1) of the ADA as any State or local  government; any department, 
agency, special purpose district, or other  instrumentality of a
State or States or local government; _http://www.ada.gov/reg2.html_ 
(http://www.ada.gov/reg2.html)  and that  means if ABE services receive funding from 
the States they are covered by ADA  ... if only directly funded by the feds then 
they are covered primarily by  Section 504 the Rehab Act ... 

And Title II does not really talk about  "accommodations" much but "Auxiliary
aids and services."

"Auxiliary aids and services." Auxiliary aids and  services include a
wide range of services and devices for ensuring effective  communication. 
(see 28 CFR 39.103). 

ADA Title II Paragraph (b)(1)(i)  provides that it is discriminatory to deny
a person with a disability  the right to participate in or benefit from the 
aid, benefit, or service  provided by a public entity. 

Paragraph (b)(1)(ii) provides  that the aids, benefits, and services
provided to persons with disabilities  must be equal to those provided to
others,  and    

Paragraph (b)(1)(iii) requires that the aids,  benefits, or services
provided to individuals with disabilities must be as  effective in affording 
equal opportunity to obtain the same result, to gain  the same benefit, or to 
reach the same level of achievement as those  provided to others. 
_http://www.ada.gov/reg2.html_ (http://www.ada.gov/reg2.html)  

And  for popular use..."reasonable accommodations" has been used as "short 
hand" for  "auxiliary aids and services" and "aids benefits or services."  

But  the key point is the question of "accommodations" or auxiliary aids  and
services .. for what?   

Title I talks about  accommodations to enable the person to show they can
perform the "essential  functions" of the task and Title II talks about the
auxiliary aids and  services to enable the person to have the "right to
participate in or benefit  from" services.

So in ABE ... what are the aids, benefits or services?  

Is it learning to read? And learning to read only? 

Or is it  something broader ... or even something more focused?

Is it becoming  better able to gain skills and knowledge (broader concept)?
Or preparing for  the GED? 

In these three concepts---learning to read, learning to gain  skills and
knowledge or preparing for the GED...the "services" are in fact  different 
with
different goals...and therefore the auxiliary aids and  services that should 
be provided to the person with disabilities would differ in  each type of 
program.

If the actual "service" is learning to read,  technological alternatives to 
"reading" alters the "essential function of the  task"...if the service is 
better gaining skills and knowledge or preparing for  the GED...(technological) 
alternatives to reading would fit into the concept of  auxiliary aids and 
services...

So the question really becomes...what is  the essential "services" 
offered...by the given program...and therefore...once  defined...the options on what 
needs to be considered for the person with  disabilities will vary based on that 
determination. And it will vary from  program to program...based on the 
services offered. 

OK Ruth ...   how off am I?

Glenn Young
CSLD
530 Auburn Ave
Buffalo NY  14222
Cell 703-864-3755
Phone/Fax 716-882-2842
website:  glennyoungcsld.com



Rochelle Kenyon
 
 
Rochelle Kenyon
Moderator, NIFL/LINCS Learning Disabilities  Discussion List
Center for Literacy Studies at the University of  Tennessee
_RKenyon721 at aol.com_ (mailto:RKenyon721 at aol.com)  

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