The information in this publication is from the National Joint Committee on Learning Disabilities, the U. S. Department of Justice ADA Web Site and Hotline, and Bridges to Practice: A Research-based Guide for Literacy Practitioners Serving Adults with LearningDisabilities (National Adult Literacy and Learning Disabilities Center, 1999). This publication was funded through a grant from the National Institute for Literacy to Laubach Literacy Action and Literacy Volunteers of America, Inc.

The contents of this document were developed under a grant from the National Institute for Literacy. However, those contents do not necessarily represent the policy of the National Institute for Literacy, and you should not assume endorsement by the Federal Government.

The contents of this document are not official statements of Literacy Volunteers of America, Inc. and Laubach Literacy Action. Legal information is included as examples and must be reviewed by qualified legal counsel for compliance with applicable federal and state laws.

This document may be reproduced for use by adult literacy programs. It may not be sold or included as a part of any print, video, or electronic product that will be sold unless written permission is obtained in advance from one of the following:
Literacy Volunteers of America, Inc., 635 James Street, Syracuse, NY 13203
Laubach Literacy Action, 1320 Jamesville Avenue, Syracuse, NY 13210

Volunteer literacy programs provide essential individualized literacy instruction, often to adults with the lowest levels of literacy skills. Adults who receive instruction may have characteristics of learning disabilities or may have diagnosed learning disabilities. In instruction, many students, whether diagnosed with learning disabilities or not, may well benefit from similar modifications, adaptations, auxiliary aids, and assistive technology.

Adults with diagnosed learning disabilities have protections under certain federal laws. The information provided in this publication is an overview of the federal laws and legal issues surrounding the topic of disabilities and how those issues relate to adults with diagnosed learning disabilities. This information is not legal advice. Rather, it is intended to provide an awareness of legal terminology and a basis for continuing further investigation and study.

Volunteer literacy programs may not discriminate against individuals with disabilities when admitting them to a program or providing them with services. When providing services, literacy programs must also offer accommodations that will assist adults with a learning disability to have an equal opportunity to participate in the program. Adults with disabilities have a right to choose whether to disclose their disability status. If adults expect disability-related accommodations, they have the responsibility to make their disability known, to provide appropriate documentation, and to request specific accommodations.

Volunteer literacy programs - whether they are independent not-for-profit organizations, library-based, part of a state-funded adult education program, or functioning with some other organizational structure - must be aware of the federal laws that may apply to them. It is recommended that programs familiarize themselves with the laws related to people with disabilities and that they secure the assistance of a lawyer with expertise in the area of disability law to get answers to specific questions about both federal and state laws related to serving adults with disabilities.

A learning disability that substantially limits a major life activity is a disability protected by federal and state laws, just as is a physical or sensory disability. However, in order for adults with learning disabilities to assert their rights, they must provide legal documentation of their learning disabilities. This documentation should include a diagnosis by a qualified professional, a description of the disabilities' impact on the individual's functioning, and recommendations for specific accommodations.

How is a �disability� defined?

The Americans with Disabilities Act of 1990 (PL 101-336) defines an individual with a disability as a person who:

• has a physical or mental impairment that substantially limits one or more "major life activities";
• has a record of such an impairment; or
• is regarded as having such an impairment.

What are �major life activities�?

Major life activities include functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. Thus, an individual who has a learning disability may be entitled to certain rights and responsibilities. Legal protection exists for individuals with disabilities to ensure equal opportunity.

What federal laws protect adults with learning disabilities?

Much of the progress made in assuring civil rights protections for adults with learning disabilities has been achieved by guarantees provided for in federal law. The legal rights concerning learning disabilities are found in the Individuals with Disabilities Education Act (IDEA) of 1997 (PL 105-17, formerly PL 94-142), the Americans with Disabilities Act, as well as in Section 504 of the Rehabilitation Act of 1973 (PL 93-112).

Americans with Disabilities Act (ADA) (PL 101-336)

This federal legislation requires that "No qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity or be subjected to discrimination by any such entity." The ADA gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. The ADA is divided into five sections (known as "titles"):

• Title I prohibits employment discrimination.
• Title II deals with discrimination in public settings.
• Title III protects the rights of persons with disabilities in privately operated settings.
• Title IV requires telephone companies to install telecommunications relay services for persons with speech and hearing impairments.
• Title V includes a number of miscellaneous provisions.
Title II mandates that a public entity, including its educational programs, shall make reasonable modifications to policies, practices, procedures, or course format when modifications are necessary to avoid discrimination on the basis of a disability. The ADA does not require modifications that would fundamentally alter the nature of the services provided. Title II also requires the provisions of accessible facilities and auxiliary aids and services by public programs. Title III generally applies to private schools or other places of education, but does not apply to religiously controlled educational entities unless there are public funds involved. Thus, through Titles II and III, most volunteer-based literacy programs are required to adhere to ADA.

Rehabilitation Act of 1973 (PL 93-112), Section 504

Section 504 of the Rehabilitation Act states that "No individual with a disability in the United States shall, solely by reason of his or her disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or any program or activity conducted by an Executive agency." A "program or activity" is defined as including all of the operations of a local educational agency, system of vocational education, or other school system. Section 504 applies to entities that receive federal funds, which may include local programs whose state adult education funds include federal funds.

Individuals with Disabilities Act (IDEA) of 1997 (PL 105-17)

IDEA is an education law that applies to young people with disabilities from birth to 21 years of age (defined as up to the 22nd birthday) who require special education and related services. The section pertaining to school-age students also applies to young adults under the age of 22 who have not obtained a regular high school diploma. All education programs that receive federal funds, which includes all public schools, must adhere to the provisions of this law.

What are the rights and responsibilities of literacy programs?

Literacy programs that enroll adults with documented disabilities:

• have the right to identify and establish, in writing, the abilities, skills, and competencies fundamental to their academic programs and courses;
• have the right to evaluate each learner's performance on that basis;
• have the responsibility of ensuring that the courses/instruction and examinations are accessible; and
• have the responsibility of providing reasonable accommodations in the delivery of course materials and in examinations.

What are the rights and responsibilities of learners with disabilities?

Students with disabilities:

• have the right to participate in educational programs without discrimination;
• have the right to reasonable accommodations in courses and examinations;
• have the responsibility to identify themselves as having a disability and request specific accommodations in a timely fashion; and
• have the responsibility to provide documentation concerning their disabilities and the need for accommodations.

What are �reasonable accommodations� and how should accommodations be selected?

Literacy programs must provide "reasonable accommodations" to qualified persons with disabilities. Reasonable accommodations (sometimes called auxiliary aids and services) are accommodations that make the program accessible to the individual with a disability. Such accommodations must be afforded to a qualified individual with a disability unless the service provider can demonstrate that the accommodation would impose undue hardship on the literacy programs, or constitute a substantial alteration to the nature of the program.

Examples of accommodations that educational programs may provide for adults with learning disabilities, depending on the particular disability and need for accommodation, include, but are not limited to:

• extended time for completing instructional activities;
• books on tape or text to speech software;
• reduced visual or auditory distractions;
• auxiliary aids and assistive technology, such as calculators, highlighters, and computers;
• large-print materials;
• manipulatives;
• frequent breaks;
• materials to organize student work; and
• more frequent instructional sessions.

• allow the most integrated experience possible;
• not compromise the essential course or program requirements;
• not pose a threat to personal or public safety; and
• not impose an undue financial or administrative burden on the program.

Does my program have to serve adults with learning disabilities?

Programs need to comply with the laws as described above and make every reasonable effort to meet the needs of a student who has learning disabilities. Many programs have established policies and procedures to ensure that staff members do not intentionally or accidentally deny participation in a service, program, or activity simply because of learning disabilities.

Why should literacy providers share legal information with learners?

Literacy providers need to understand the legal rights of learners with disabilities and share this information with learners so that together they can make informed decisions that will both facilitate learning and help learners meet with success. This knowledge can provide the basis for setting realistic expectations on the part of learners so that they can make appropriate requests for assistance. It also can help program providers deliver the types of literacy services necessary to enhance opportunities for the success of adults with learning disabilities. It is important to note that adults who received services under IDEA when they were in school may think that they are entitled to the same level of support or services under Section 504 and ADA. Neither Section 504 nor ADA guarantees the right of an adult to a free appropriate education the way IDEA does for school-age youngsters (and young adults before their 22nd birthday if they have not received a regular high school diploma). Adults do, however, have the right of equal access to programs and services for which they are otherwise qualified, as well as to reasonable accommodations in program activities.

Do we have to obtain the learner's consent to begin a formal process of confirming or ruling out learning disabilities?

Yes. The law requires informed consent to obtain records as well as to conduct testing that is not a uniform procedure for all learners. If screening for learning disabilities is uniformly administered to all learners and is a part of the usual intake procedure of the program, it is not necessary to obtain informed consent. However, if screening is done selectively for certain learners or if certain learners are referred for diagnostic testing, informed consent must be obtained. Literacy programs should have or should develop policies, procedures, and practices for obtaining the informed consent of persons suspected of having a learning disability.

Do we need to keep records confidential?

Yes. However, each program needs to develop a plan related to how to achieve this. Programs frequently develop policies, procedures, and practices for ensuring the confidential treatment of all disability-related information, such as, but not limited to, screening and diagnostic information. Disability-related information is often stored in locked files with limited access. It should be shared only when the need to know directly relates to some specific aspect of this confidential information, and the person with a disability has signed a release.

What is the best way to ensure cost-effective ADA compliance?

In educational settings, discriminatory policies and practices may include:

• admission/enrollment and placement procedures that are discriminatory;
• policies that do not allow for flexibility in use of curriculum and instruction;
• discriminatory evaluation practices;
• promotion/retention policies that do not accommodate individuals with learning disabilities; and
• completion/graduation requirements that discriminate against individuals with disabilities.

The bottom line is:

• ask people with learning disabilities about their needs;
• show respect and sensitivity for people with disabilities;
• use what works; and
• use your resources creatively and effectively.

Additional Resources about Legal Issues and Learning Disabilities

While there are many resources that address assisting children who have learning disabilities, resources for adults are more limited. In addition to securing advice from a lawyer with expertise in disability law, programs will find useful information from the following sources:

• ADA Home Page: www.usdoj.gov/crt/ada/adahom1.htm. Extensive information about ADA including technical assistance information and link to online ADA Information Line.
• ADA Information Line, U.S. Department of Justice, Monday through Friday, 10:00 a.m. - 6:00 p.m. eastern time: 800-514-0301 (voice, and also Spanish), 800-514-0383 (TDD). General ADA information, answers to specific technical questions, free ADA materials.
• Ask ERIC Virtual Library: ericir.syr.edu. Searchable database of education information including ERIC Digests, bibliographies, lesson plans, and other publications, some of which relate to learning disabilities.
• HEATH Resource Center: www.acenet.edu/about/programs/access&equity;/heath/home.html, 800-544-3284. Free information on postsecondary education and related issues for individuals with learning disabilities including resource articles and directories.
• International Dyslexia Organization: www.interdys.org , 410-296-0232. Information on publications about dyslexia, referral information, and legal, legislative and research information.
• Job Accommodation Network: janweb.icdi.wvu.edu, 800-526-7234. Information about ADA in the work environment, job accommodations, and employability of people with disabilities.
• LD Online: www.ldonline.org. Extensive information about learning disabilities for parents and educators including in-depth background and research information about LD, bulletin boards to exchange ideas, publications to purchase, and more.
• Learning Disabilities Association of America: www.ldanatl.org, 412-341-1515. Fact sheets, resources, legislative information, publications to purchase, contact information for state LDA organizations.
• National Institute for Literacy�s Literacy and Learning Disabilities Special Collection: www.nifl.gov/lincs/collections/LD/LD.html. Adult literacy resources for students, teachers, tutors, and administrators, including policy and legislative information.
• National Center for Learning Disabilities: www.ncld.org , 212-545-7510. Information and Referral Service, 888-575-7373. Background information, resources, and referral services, focused primarily on children.
• Schwab Foundation for Learning: www.schwablearning.org, 800-230-0988. Resources for parents and educators including bulletin boards, articles, newsletters, and resource searches.
• Special Education on the Internet: www.hood.edu/seri/serihome.htm. Collection of online information resources related to special education including general disabilities information, legal and law resources, special education discussion groups, learning disabilities, and more.