August 2025
Volume 18 Issue 10
Your Voice, Your Vote—Accessible Polling Places and Election Supporting Technology
High Risk Court Users: Tapping into the Value of a Support Person as a Critical ADA Accommodation
This month, students across the country are gearing up for a new school year. However, many parents, students and educators are still confused about the various laws that protect people with disabilities from discrimination in educational settings. Here are some important facts to remember:
Learn more about the specific requirements under IDEA and students’ rights to a free appropriate public education (FAPE).
DOL Drops Proposal to End Subminimum Wages for Workers with Disabilities
The U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) is withdrawing its proposal to end subminimum pay practices that impact certain workers with disabilities. The agency states that they lack statutory authority under the Fair Labor Standards Act (FLSA) to unilaterally terminate the practice. Learn more about this recent decision to drop the proposal that would have ended subminimum wage.
Long-Term Disability Bill: Equal Benefit Coverage of Mental and Physical Disabilities
A recent bill introduced by Congress would change how long-term disability insurance carriers treat physical conditions vs. mental health conditions and substance use disorders. Typically, jobs with long-term disability benefits provide insurance coverage for physical impairments until retirement age. This is not the same for other types of impairments which often have their coverage cut after 24 months, regardless of severity. Learn more about the Workers’ Disability Benefits Parity Act.
Effective Communication: Deaf DACA Recipient Arrested by ICE
Javier Diaz Santana shares his experience of being arrested at work by ICE as a person who is deaf and communicates by sign language. Diaz was unable to communicate with ICE during the arrest due to being handcuffed and unable to sign. Learn more about the experience of Javier and the ongoing need for effective communication procedures.
New Laws that Support Illinoisans with Disabilities
Erskine Green Institute Launches Training Program for People with Disabilities
A workforce training program for Hoosiers with intellectual and developmental disabilities has expanded to Indianapolis, giving participants hands-on experience at Riley Hospital for Children at Indiana University Health. Students in the program receive on-the-job training in hospital support roles, such as stocking supplies, checking expiration dates and preparing surgical rooms.
Special Olympics Indiana Fall Competition
Special Olympics Indiana kicked off its fall championship season Saturday, August 23, with the equestrian state event at Hendricks County 4H Fairgrounds in Danville. This is the first of eight fall season tournaments scheduled to take place in Central Indiana.
Michigan Lawmakers Call on HHS To Explain Withholding of Disability Funds
A group of Michigan lawmakers is calling on the Department of Health and Human Services to explain why it took back more than $130,000 in funds that were earmarked for legal support for those with disabilities. Whether it's dealing with insurance or getting legal support for abuse, neglect, or human rights cases, these lawmakers say those with disabilities could be on their own if these funds don't come through.
KCAD Students Redesign Kitchens to Promote Inclusive
Kendall College of Art and Design (KCAD) student team partnered with Disability Advocates of Kent County (DAKC) and Home Repair Services, meeting with individuals who live with disabilities, contractors who work on adaptive remodels, and accessibility experts who understand the technical and everyday challenges of such spaces. Their final product allowed visitors to physically experience a kitchen that accommodates wheelchair users compared to one that only meets basic ADA standards.
Special Voting Machines for Disability Access Launched During Primary Election
Stearns County debuted new accessible voting equipment at polling locations to help voters with disabilities during the County Commissioner District 4 Special Election on August 12th. According to the Streans County Auditor-Treasurer’s Office, the ES&S Express Vote ballot marking device is designed to let voters cast either ballot independently or privately. Teh system is fully compliant with the Help America Vote Act and includes several accessibility features.
2025 MN Legislative Special Session Recap for Disability Services
Issues Gov. Walz and legislators grappled with include waiver services payment rates tied to inflation, costs for special education including transportation, and nursing home costs. This Health and Human Services bill will provide key increases to Medicaid reimbursement rates starting Jan. 1, 2026, and, for the first time, include an “escalator” provision that will automatically increase those rates each year tied to inflation.
Child Care Centers Often Reject Kids with Disabilities. How Ohio Is Trying to Change That.
Child care providers across the struggle to meet the needs of children with disabilities. More than a quarter of parents of children with disabilities said they had a lot of difficulty finding appropriate care for their kids. A state-funded initiative, Ohio PROMISE, aims to strengthen child care teachers’ knowledge and confidence in working with young kids with disabilities and developmental delays.
How School Districts in Northeast Ohio Are Using AI To Help Students with Learning Disabilities
While some schools learn how to use or regulate students’ use of artificial intelligence, one local district is embracing its use for students with learning disabilities, like dyslexia. Dysolve is being utilized by school districts to help assess students with learning disabilities and then create customized lessons for them based on how each student processes information.
Wisconsin Bill Seeks to Expand Alternatives to Incarceration for People with Mental Illness
Wisconsin’s Treatment Alternatives and Diversion program was established in 2005 to provide counties with funding to create programs to divert adults with nonviolent criminal charges into community-based treatment for substance abuse. Senate Bill 153 would formally expand the scope of these programs to explicitly include individuals with mental health issues.
Deer Hunting Made Accessible – DNR’s New Opportunities for Hunters with Disabilities
Registration is open for the 2025 Gun Deer Hunt for Hunters with Disabilities until September 15th.The deer hunt will then take place from October 4th through the 12th at various sponsored sites across the state. To be eligible to participate, a hunter must possess a valid Class A, C, D, or Class B shoot from a stationary vehicle permit. Learn more about the rules and conditions.
Global Report: Health Equity for Persons with Disabilities
A new report from the World Health Organization (WHO) details the differences in health care experienced by the disability community due to structural factors, social determinants, risk factors and health systems. Read the report’s recommendations for improving health equity for people with disabilities.
New ADA Center Resource: The ADA and Rideshare Companies
What do riders and drivers need to understand regarding the ADA and rideshare companies? The Rocky Mountain ADA Center attempts to answer this question in their new research report. Read about the ADA and Riding or Driving with Rideshare Companies like Uber and LYFT.
A Playbook for Governors: State Governments as Model Employers of People with Disabilities
The Bureau of Labor Statistics estimates state governments employ more than 5.5 million workers nationwide, yet public-sector workforce shortages persist across the country. To help fill critical roles, state governments are looking at talent pools who are qualified but not fully participating in the workforce, such as people with disabilities. Learn about the 6 strategies Governors can use to improve state government career paths for people with disabilities and attract qualified talent.
Answer: In general, yes. Private schools are considered places of public accommodation under the ADA and are listed under the definition in the Title III regulations. Places of public accommodation can include early education and childcare settings, primary and secondary schools as well as post-secondary and graduate education programs.
If the school is controlled by a religious entity, it is likely exempt from Title III of the ADA. However, if the religious entity receives federal funding for their private school, Section 504 of the Rehabilitation Act may apply.
Resource(s):
Learn more by visiting our ADA Frequently Asked Questions.
EEOC v. 1st Franklin Financial Corporation (1st Franklin)
According to the lawsuit, 1st Franklin has denied reasonable accommodations to its employees with disabilities since 2022 and offered no alternative accommodations, including when its employees requested leave as an accommodation.
EEOC v. Everport Terminal Services (ETS)
ETS agreed to provide $200,000 to a former employee following an investigation that found ETS failed to provide a reasonable accommodation to a worker with a disability. The settlement requires ETS to revise its non-discrimination policies and procedures; conduct training for all employees; post a notice concerning equal employment opportunity rights; track all accommodation requests; and report to the agency for two years.
EEOC v. Western Distributing Co. (Western)
According to the suit, Western discriminated against individuals with disabilities, mostly over-the-road truckdrivers, through multiple corporate policies (i.e., full-duty policy, fired employees when couldn’t return after FMLA without consideration for accommodations, testing and physical requirements to screen out individuals with pre-existing medical conditions, etc.). The four-year consent decree, which includes $919,000 in monetary relief for 60 victims of discrimination, requires Western to undergo mandatory ADA training; hire a monitor to oversee and report further acts of discrimination to the EEOC; ensure its corporate policies are compliant with the ADA; and conduct annual validation of its physical requirements for its drivers.
EEOC v. Pearson Education, Inc. (Pearson)
According to the suit, Pearson contracted with third-party vendors to provide online platforms employees must use to access information for their benefits, leave and training. However, employees who are blind or have other visual impairments and rely on screen reading software could not view their information because these online portals were replete with technical issues, making them inaccessible. Pearson was aware of this deficiency but failed to provide affected employees with reasonable accommodations allowing them to have equal access to the terms, conditions and privileges of their employment relationship.
EEOC v. Werner Trucking (Werner)
The EEOC lawsuit alleged Werner violated the ADA when it refused to hire a qualified deaf truck driver because he was deaf. A Nebraska jury agreed and awarded $75,000 in compensatory damages and$36 million in punitive damages. U.S. District Court for the District of Nebraska entered judgment in favor of EEOC, reducing the jury’s award and ordered injunctive relief requiring Werner to report certain information about deaf applicants to the EEOC. Werner appealed to the circuit court and the 8th U.S. Circuit Court of Appeals affirmed a judgment in favor of the EEOC and against Werner Trucking.
DOJ v. Montcalm Area Intermediate School District
DOJ reached an agreement with Montcalm Area Intermediate School District to address the discriminatory use of seclusion and restraint against students with disabilities, in violation of Title II of the ADA. Under the agreement, the school district will end the use of seclusion, reform its restraint practices, and improve special education services for students with disabilities.
Overton County, TN, is alleged to have ignored requests for hearing assistance during public meetings. As part of the settlement, Overton County agrees that the modifications sought by the complainants did not fundamentally alter the nature of public meetings, and that providing auxiliary aids and services does not constitute an undue burden or fundamental alteration to the nature of the meetings. Overton County will take steps to ensure that communications with participants with disabilities are as effective as communications with others. The county also will implement a process by which an individual with a qualifying disability can request an auxiliary aid, service, or reasonable modification that will ensure that individual can fully participate in any public meeting.
DOJ v. Spanky’s Driving Academy, Inc. (the Academy)
According to the agreement, a parent of a minor child registered their child to attend the Academy’s series of driver’s education sessions and driving lessons, claims the Academy didn’t provide effective communication for their child. The child is now deaf and was hearing impaired at the time of the incident. The parent further alleges that the instructor declined to conduct the in-car driving component of the class, based on myths, fears, and stereotypes about persons with hearing impairments. As part of the settlement, the Academy will provide effective communication and pay the Complainant $4,000 as well as pay a civil penalty to the US in the amount of $2,000 to vindicate the public interest.
Knights Inn Nashville is alleged to have refused to allow a family with a service animal stay in the hotel because it was against hotel policy. Knights Inn Nashville will pay the family $4,000 as part of the settlement and will pay a civil penalty to the United States in the amount of $2,000 to vindicate the public interest. The owner of the hotel also will establish and implement a written policy specifically addressing the provision of services to individuals with disabilities and provide ADA training to hotel staff.
