Above the law? MCPS ignores ADA amendments

Gazette Letter to the Editor:

Schools must keep pace with ADA changes

The congressional debate on the Americans with Disabilities Act Amendments Act of 2008 noted that: "Too many individuals with documented learning disabilities, including dyslexia, are denied access to easily administered and often low-cost accommodations that would make the critical difference in allowing them to demonstrate their knowledge. These amendments to the ADA do not provide any special treatment, but rather, ensure that each individual with a learning disability has every opportunity to apply for and receive a reasonable accommodation so he/she can move forward in his/her chosen educational and career paths."

The at explicitly recognizes that reading, concentrating, and communicating are major life activities; a disability is a physical or mental impairment that substantially limits one or more major life activities.

The at directs that the determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures such as medication, use of assistive technology, or auxiliary aids and services.

Montgomery County Public Schools has yet to revise its regulations to conform to the at's significant changes which were effective Jan.1.

The school system's regulation on "Accommodations and Services to Students Qualifying Under Section 504 of the Rehabilitation Act of 1973" specifically states that the use of mitigating measures must be considered in determining the student's eligibility under Section 504, and that if the student experiences no substantial limitation to life activities when using the mitigating measure, he or she is not eligible.

This is contrary to the U.S. Department of Education's Office for Civil Rights document on "Protecting Students with Disabilities" which advises that as of Jan. 1, school districts, in determining whether a student has a disability, must not consider the ameliorating effects of any mitigating measures that student is using.

Last September U.S. Rep. Chris Van Hollen (D-8th Dist.) remarked that the ADA Amendments Act of 2008 was "long overdue." It's past time for schools Superintendent Jerry Weast to see that school regulations are revised and staff trained to comply with federal law protecting students with disabilities.

Kathleen Gilhooly, Bethesda

Update: Ms. Gilhooly's letter has been linked on the the WSANA blog.