HEAD START®

Leading the Way: Disabilities Services and the Mangement Team

Training Guides for the Head Start Learning Community

Table of Contents | Preface | Introduction | Module 1 | Module 2 | Module 3
| Continuing Professional Development | Resources

MODULE 2: a look at ada and 504

Outcomes | Key Concepts | Background Information | Activity 1 | Activity 2 | Activity 3 | Activity 4 | Next Steps
download these pdf attachments: Handout 2 | Handout 3 | Handout 4 | Handout 5 | Handout 6 | Handout 7

Outcomes

After completing this module, participants will be able to:

• Recognize the implications of the Americans with Disabilities Act (ADA) or Section 504 of the Rehabilitation Act of 1973 for their program's operations.
  
  
• Evaluate the accessibility of their program's facilities and services for children and families and identify strategies for reasonable accommodation.
  
  
• Adapt employment practices so that they reflect the rights and protections afforded to persons with disabilities.

Key Concepts

• Head Start managers are responsible for ensuring that the program protects the rights of persons with disabilities.
  
  
• Managers must understand the basic provisions of ADA or Section 504 and how the law applies to their program's policies and practices.
  
  
• Head Start managers need to be able to identify and access the resources they will need as they follow the intent of the law.

Background Information

Head Start has been a pioneer in including children with disabilities, reaching and serving them before any federal educational mandates existed. Fortunately, laws and regulations related to the rights and protections of children and adults with disabilities have been enacted over the years.

The Civil Rights Act, passed in 1964, made discrimination on the basis of race, sex, religion, and national origin illegal. Since that time, people with disabilities and their supporters have worked to guarantee the civil rights of persons with disabilities as well. The Individuals with Disabilities Education Act (IDEA), which will be discussed in Module 3, affords children who were once excluded from public school systems the right to a free, appropriate, public education (FAPE) in the least restrictive environment (LRE).

Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of physical or mental disabilities, applies to every federally funded program or activity in the country. In 1990, Congress reaffirmed and extended its mandate to ensure these protections by passing ADA. No longer is discrimination prohibited solely in federally funded programs; under ADA, privately owned businesses and facilities must also be accessible to persons with disabilities. ADA provides persons with disabilities the same basic civil rights guaranteed to other citizens.

What does ADA mean for Head Start programs? The implications of this landmark legislation are still evolving and strategies for following the letter and spirit of the law will not always be obvious or clear-cut. Head Start managers, however, need to understand the law and its implications for staff, program policies and operations, and the children and families they serve. Managers also need to know when and where to go for the help they will undoubtedly need as they work to ensure the rights of persons with disabilities.

For an overview of activities in this module, see At A Glance on pp. 5-8.

Activity 2-1: What Does It Mean for Us?

Purpose: This workshop activity will provide participants with an opportunity to learn about ADA and Section 504, and how those laws apply to typical program operations and practices.

Trainer
Selection: Select a trainer who has a sound understanding of ADA and Section 504. The Disability Businesses Technical Assistance Center (see the Resources section) or your re- gional Training and Technical Assistance (T/TA) provider can refer you to free or low-cost trainers who are experts.

Arrange for: Easel, chart paper, markers, and tape

Duplicate: Handout 2-The Law (pp. 36-38): one for each participant
Handout 3-Dayne's Story (pp. 39-40): one for each participant
Handout 4-Putting the Law into Practice (p. 41): one for each participant

Leading the Activity

1. Introduce the activity and review the agenda with participants. Remind managers that including children with disabilities is not just best practice, or only required by the Head Start Program Performance Standards on Services for Children with Disabilities. It is also the subject of federal law. As managers, they have the legal obligation to know and follow the laws and regulations that protect the rights of persons with disabilities. They also must ensure that their staff members do the same. Tell participants that this activity provides an overview of ADA and Section 504.
   
   
2. Hang three pieces of chart paper in the room. Write one of the following sentence stems on each piece of chart paper.
   
   
   • As a manager, I need to know more about the part of ADA (or 504) that deals with . . .
     
     
   • The implications of ADA (or 504) that frighten me most are . . .
     
     
   • As a manager, my biggest challenge related to complying with ADA (or 504) is . . .
     
     
3. Ask participants to move from one sheet of chart paper to another and complete each sentence stem individually.
   
   
4. When participants have completed this exercise, read the responses aloud, noting common themes and questions. Tell participants that the training session will be tailored to answer their questions and allay their fears, and direct them to resources that can help.
   
   
5. Use Handout 2-The Law to present a 20-minute overview to participants. Tell participants that at the end of the lecture they will receive the handout that covers all the information presented. Where appropriate, expand the lecture to address specific issues generated by the group and written on the chart paper earlier.
   
   
6. After the lecture, distribute a copy of Handout 2-The Law and give participants time to read it. When they have finished, give the group time to ask questions, or share comments and concerns. Record any unanswered questions on the chart paper for investigation after the session.
   
   
7. Distribute a copy of Handout 3-Dayne's Story to each participant. Explain that the scenario will be used as a tool for learning about some of the implications of Title III of ADA (or 504) for everyday practice.
   
   
8. Ask for a volunteer to read Handout 3-Dayne's Story aloud. Allow the group members 10 minutes to complete the handout individually.
   
   

   Tip for the Trainer:

   Point out that persons communicating with the assistance of a telephone relay system (TRS) operator, as they do in Dayne's Story, usually address each other directly, as in any other direct conversation. The operator acts simply as an “interpreter.” Specific terms are used to mediate the conversation; for example, the phrase “Go Ahead” is used to signal that one person is done talking, so that the other person can then speak.

   
   
9. Lead a discussion with the managers for 10 to 15 minutes using their answers on Handout 3-Dayne's Story as a starting place. Use Handout 4-Putting the Law into Practice to help cover other key points. At the end of the discussion, distribute Handout 4 to participants.
   
   
10. Collect participants' written responses on Handout 3-Dayne's Story. These can be used again in the first Next Step of Module 3 (p. 64) as one of the tools for developing a disabilities services plan (DSP).

Summing Up

Remind participants that the road to compliance with ADA begins with an examination of attitudes as well as a thorough understanding of the law. Recognizing that everyone has a right to participate and make a contribution will help tremendously. By respecting the guaranteed rights of persons with disabilities, and working with them to make needed accommodations, the Head Start program will be taking steps to protect the rights of all.

Activity 2-2: As Employers*

Preparation

Purpose: Title I of ADA deals specifically with employment of persons with disabilities. This workshop activity will help managers review attitudes, practices, and legalities related to integrating persons with disabilities in the workplace.

Trainer
Selection: Select a trainer who has a sound understanding of Title I of ADA and Section 504. The Disability Businesses Technical Assistance Center (see the Resources section) or your regional Training and Technical Assistance (T/TA) provider can refer you to free or low-cost trainers who are ADA experts.

Arrange for: Easel, chart paper, markers, and tape

Duplicate: Handout 5-Title I: one for each participant Handout 6-Opinion Survey: one for each participant Handout 7-Six Key Aspects of Title I of ADA: one for each participant

Invite: Other administrators from the parent or grantee organization (such as the Community Action Program (CAP), school system, or non-profit organization) who are responsible for hiring and supervising staff

Leading the Activity

1. Introduce the activity and review the agenda with participants. Tell managers that during this activity they will learn the basic concepts of Title I of ADA and how the concepts apply to their everyday practice as employers and supervisors.
   
   
2. Distribute Handout 5-Title I and review it with participants. Ask participants to jot down concerns or questions they may have.
   
   
3. Distribute Handout 6-Opinion Survey. Allow participants 5 minutes to complete the survey individually.
   
   
4. Distribute Handout 7-Six Key Aspects of Title I of ADA and briefly review it with participants.
   
   
5. Ask participants, as a group, to discuss each item on Handout 6-Opinion Survey. Tell participants they have 15 to 20 minutes to try to reach consensus on each item, and that you will not be involved in their discussion during that time.
   
   
6. Ask participants to share their results with you. Use the discussion guide below to help analyze each of the items.
   Close the discussion by asking the team to summarize main points. Highlight the importance of:
   
   
   • the need for confidentiality and protecting all employees' rights to privacy
     
     
   • well-thought-out job descriptions that identify essential functions of the job
     
     
   • the importance of using expert resources to better understand and follow the law and to make subsequent accommodations that work for all
     

Discussion Guide

Use the following points to guide the group's discussion about each item on Handout 6-Opinion Survey.

Item 1. We can decide not to hire a qualified teacher if she has a facial disfigurement that might frighten three and four year olds.

Aspects of the Law to Consider:

• essential functions
  
  
• customer and employee reactions

Guiding Questions:

• Is the person qualified to perform the essential functions of the job?
  
  
• Are the reactions of others a valid basis to refuse to hire someone?

Item 2. We can decide not to hire a qualified family services worker if she uses a wheelchair and is therefore unable to make home visits.

Aspects of the Law to Consider:

• essential functions
  
  
• marginal functions
  
  
• reasonable accommodations

Guiding Questions:

• Is home visiting an essential or marginal function of the job?
  
  
• If essential, can a reasonable accommodation be made? For example, can this employee be assigned only those families who live in accessible buildings?
  
  
• If marginal, can this task be changed or reassigned to another worker?

Item 3. We can decide not to hire a qualified home visitor if she has a chronic back problem.

Aspects of the Law to Consider:

• essential functions
  
  
• marginal functions
  
  
• reasonable accommodations

Guiding Questions:

• Does a back injury interfere with an essential function of the job, or just a marginal one?
  
  
• If lifting is a marginal aspect of the job, can this task be changed or reassigned to someone else?
  
  
• If lifting is an essential aspect, can a reasonable accommodation be made?

Item 4. We can decide not to hire a qualified cook if she is HIV positive.

Aspects of the Law to Consider:

• essential functions
  
  
• customer and employee reactions

Guiding Questions:

• Does her HIV status interfere with the essential functions of the job?
  
  
• Are the reactions of others a valid basis on which to decide to refuse to hire someone?

Item 5. Once we hire a person with a disability, we cannot give her negative feedback or we may be dealing with a lawsuit.

Aspects of the Law to Consider:

• effective supervision

Guiding Questions:

• Can an employer withhold effective supervision or negative feedback about performance in order to protect the feelings of the person, or protect themselves from a possible lawsuit?
  
  
• Does a person with a disability have the same right as other employees to receive feedback, choose to change behavior, and practice new skills?
  
  
• Will lack of feedback deny her the chance of improvement and advancement?

Item 6. We can decide not to hire a qualified supervisor with severe asthma if all of our buildings are old and the air quality is not healthy for a person with asthma.

Aspects of the Law to Consider:

• essential functions
  
  
• reasonable accommodations
  
  
• undue hardships

Guiding Questions:

• Is being onsite an essential function of the job?
  
  
• If essential, can a reasonable accommodation be made? For example, can the supervisor move to an office with a window or air filter, or can structural improvements be made to improve the air quality for the supervisor?
  
  
• Will making structural changes create an undue hardship for the program?

Item 7. We are obliged to provide accommodations, even costly ones, if needed by a person with a disability. For example, if an administrative assistant develops multiple sclerosis and is no longer able to type consistently, we are obliged to buy a voice-activated word processing system so she can perform her tasks.

Aspects of the Law to Consider:

• essential functions
  
  
• reasonable accommodations
  
  
• undue hardships

Guiding Questions:

• Is typing an essential or marginal function of the job?
  
  
• Will obtaining a voice-activated system create an undue hardship for the program?
  
  
• How can you find out what type of reasonable accommodations can be made?
  
  
• Have you spoken with her about other possible accommodations?
  
  
• Are you obliged to find another position for the employee in the organization if you cannot make a reasonable accommodation?

Item 8. We can decide not to hire a qualified janitor if we find out he has a past history of serious mental illness.

Aspects of the Law to Consider:

• essential functions
  
  
• customer and employee reactions

Guiding Questions:

• Can the person perform the essential functions of the job?
  
  
• Can you refuse to hire someone based on the negative reactions of others?

Summing Up

Remind participants that compliance with Title I of ADA is their legal obligation. Stress that success in complying with Title I will be driven by the managers' attitudes and respect for the intent of the law. Also remind participants that all children in the program will benefit from seeing adults with disabilities contributing fully.

Activity 2-3: Let's Take a Look

Purpose: This workshop activity will provide managers with tools to improve program compliance with those aspects of Title III of ADA relating to facilities. Participants will first use a checklist to assess program accessibility using guidelines consistent with the law. Then they will begin to develop a plan for a full assessment of facilities, along with steps needed for improvements.

Preparation

Trainer
Selection: Select a trainer who has a sound understanding of Title III of ADA and Section 504. The Disability Businesses Technical Assistance Center (see the Resources section) or your regional Training and Technical Assistance (T/TA) provider can refer you to free or low-cost trainers who are ADA experts.

Arrange for: Easel, chart paper, markers, paper, pencils, and tape measures (one for each pair of participants)

Duplicate: Appendix A-Checklist for Existing Facilities: one for each participant

Prepare: Select sections from each of the 4 priority areas in Appendix A. Each section will be used for a mini-audit during this activity.

Leading the Activity

1. Introduce the activity and review the agenda with participants. Tell them that during the session they will learn more about Title III of ADA. This Title ensures that public accommodations provide persons with disabilities equal access to goods, services, and facilities. Public accommodations providing transportation must offer equivalent transportation to persons with disabilities as well. Explain that during this activity, participants will focus on facility accessibility.
   
   
2. Provide an overview of portions of Title III related to facilities. If needed, use or distribute Handout 2-The Law. Focus on four areas: accessible entrance to the facility, access to goods and services, access to rest rooms, and any other measures necessary to make facilities accessible.
   
   
3. Tell participants that they will spend the next 20 minutes conducting a mini-audit of the facility. Give each participant a copy of Appendix A-Checklist for Existing Facilities. Divide the group into pairs. Tell each pair the section of the checklist they should focus on (selected by you earlier).
   
   
4. Give each team a tape measure and agree on a time when all teams will return to the session to report their findings.
   
   
5. Reconvene the group and have each team report its findings. Ask managers to highlight what surprised them, what troubled them, and what possible solutions they can propose for problem areas.
   
   
6. Tell participants that this checklist details some of the requirements found in ADA Accessibility Guidelines (ADAAG) and that full compliance with ADAAG is required only for alterations and new construction. However, the checklist should also be used program-wide to help the team determine what barriers may be readily removed at their facilities, as well as to establish long-term goals for barrier removal.
   
   
7. Ask managers to spend the next 30 minutes developing a plan for fully assessing accessibility in all facilities and making improvements. The plan should include specifics, such as the names of the staff, ADA experts, parents, persons with disabilities, etc., who will be asked to help with the audit; when they will be asked, and by whom; the facilities each team will assess; a time frame for completing the audit; and a target date to review all findings.
   
   
8. After the session, make a copy of the plan. It can be used again in the first Next Step of Module 3 (p. 64) as one of the tools for developing a disabilities services plan (DSP).

Summing Up

Remind participants that making facilities accessible is their legal obligation and that they can often remove barriers by making simple and relatively inexpensive changes.

The Department of Justice recommends the development of an Implementation Plan, specifying what improvements programs will make to remove barriers and when each solution will be carried out. Such a plan “could serve as evidence of a good faith effort to comply” with ADA.

Activity 2-4: ADA: Individual Solutions

Purpose: Title III of ADA (Places of Public Accommodation; Commercial Facilities) requires early childhood centers to ensure equal access to the facility and to the programs and services they provide. In this coaching session, participants will discuss the implications of Title III and pinpoint strategies they can use to eliminate barriers in their program. This session requires a coach who has a sound understanding of ADA and Section 504. The Disability Businesses Technical Assistance Center (see the Resources section) or your regional Training and Technical Assistance (T/TA) provider can refer you to free or low-cost trainers who are ADA experts.

Preparation

This session has two parts: 1) discussing the implications of Title III of ADA; and 2) identifying strategies for implementing Title III in participants' programs. At the end of the session, participants will select Next Steps to extend their learning. To prepare for this session:

• Review all the directions and handouts for this session.
  
  
• Duplicate Handout 2-The Law, Handout 3-Dayne's story, Handout 4-Putting the Law into Practice, and Next Steps: Ideas to Extend Practice: one for each participant.
  
  
• Ask participants to bring a description of one child with a disability, specifying the accommodations the program has made (or plans to make) to meet the child's individual needs. If this is not possible, complete only steps 1 through 4 below, or be prepared to provide a brief vignette from your own experiences about including a child with a significant disability in a preschool program.

Conducting the Session

1. Welcome participants and briefly discuss the purpose of today's session. Remind participants that including children with disabilities is not just best practice or only required by the Head Start Program Performance Standards on Services for Children with Disabilities. It is also the subject of federal law. As managers, they have the legal obligation to know and follow the laws and regulations that protect the rights of persons with disabilities. They also must ensure that their staff members do the same.
   
   
2. Distribute Handout 2-The Law and ask participants to review it, focusing on the definitions in Title III.
   
   
3. Distribute Handout 3-Dayne's Story. Ask participants to read the story, then answer the Discussion Questions.
   
   
4. Lead a discussion with participants, using their answers on Handout 3-Dayne's Story as a starting place. Use Handout 4-Putting the Law into Practice to help cover other key points. At the end of the discussion, distribute Handout 4 to participants.
   
   
5. Remind participants about the program's policy on confidentiality. Then ask a volunteer to share the description she prepared of a child with a disability in the program.
   
   
6. Lead a discussion with participants about this child's needs. Ask participants to discuss how the family has been or should be involved.
   
   
7. Have participants generate a list of implications of possible accommodations for safety, facilities, meals, transportation, restrooms, classroom, playground, parent involvement, and staff training. Reinforce the concepts in Handout 4-Putting the Law into Practice.
   
   
8. Ask participants to prioritize the list and develop an action plan. This should include the first 3 steps that need to be taken, the person responsible, and a target date for completion.

Warm-Up and Next Steps

The intent of ADA is clear. People with disabilities have a right to full participation in schools, the community, and the workplace. Implementation of ADA is not only good practice. It's the law. Interpretation of terms and solutions to barrier removal are left open. Individual solutions must be tailored to meet individual needs. A positive attitude and willingness to do your best to make your program work for everyone is the key to success. Distribute and review Next Steps: Ideas to Extend Practice. Help participants choose the Next Step(s) they would like to pursue.

Next Steps: Ideas to Extend Practice

You can continue to build on the knowledge gained during these sessions, both as a team and with the entire staff. Ways to continue your work in this area include:

• Developing and conducting program-wide training for staff and parents to raise awareness of ADA and the program's commitment to protect the rights of children and adults with disabilities. As part of the training, feature a panel with adults with disabilities. Ask panelists to focus on their personal experiences in overcoming barriers in the community and the workplace, and what ADA means to them. Your local speakers' bureau or your regional Training and Technical Assistance (T/TA) provider with an expertise in disabilities services will be able to help you identify speakers for this session.
  
  
• Enhancing your ability to comply with Title I of ADA. As a management team, watch the video Making the ADA Work for You (see the Resources section). Use the video as a springboard for developing an action plan, reviewing and updating all job descriptions so that “essential” and “marginal” functions of each position are clarified.
  
  
• Forming a task force to continue the work begun in Activity 2-3: Let's Take a Look. Be sure to include an individual with a disability on the task force. Charge the task force with completing the facilities audit and further developing the plan for compliance. The plan should identify short- and long-term goals, and an implementation timeline for making their facility barrier free. The task force may consult the Disability and Businesses Technical Assistance Center (see the Resources section) for information and guidance. They may also check with their regional T/TA provider with expertise in disabilities services to find other Head Start programs that have creatively removed existing barriers without undue financial hardship.
  
  
• Working with staff members and parents so they more fully understand the intent and legal requirements of ADA. Use Handout 3-Dayne's Story and questions 1, 2, 4, and 5 as part of a program-wide meeting or training.