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August 1, 2008

New Senate Bill Would Satisfy Some College Concerns in Updating Disabilities Law

Washington — Two U.S. senators introduced a bill (S. 3406) today to clarify who qualifies for protection under the Americans With Disabilities Act, on campuses and elsewhere.

Sen. Tom Harkin, a Democrat of Iowa, and Sen. Orrin Hatch, a Republican of Utah, introduced the bill with broad support: 63 cosponsors and endorsements from national disability organizations as well as groups like the U.S. Chamber of Commerce and the National Association of Manufacturers, which support employers.

The bill is largely similar to one the House passed in June. That measure would expand the list of “major life activities” that a disability must substantially limit for someone to be eligible for protection under the law, but it would not broaden coverage as much as an earlier version of the legislation sought to do.

The Senate bill leaves out the House’s definition of the term “substantially limits”: “materially restricts.” It also spells out that accommodations requested by disabled people — “including academic requirements in postsecondary education” — are not required if they fundamentally alter the nature of the goods and services involved.

That exception exists under current disability law, but in a Senate hearing last month, higher-education officials lobbied for its emphasis in the new bill. Advocates for the disabled were hopeful today that the Senate would vote on the bill by September. —Sara Lipka

Posted on Friday August 1, 2008 | Permalink |