INTRODUCTION
A.
How to Use the ADA
B.
The Philosophy of the Manual
C.
Your Goals
D.
How to Use this Manual
PART
I: AN OVERVIEW OF TANF AND TITLE II OF THE ADA
CHAPTER
1: AN OVERVIEW OF TANF
A.
An Introduction to TANF
B.
Before TANF: The AFDC Program
C.
TANF and MOE: The Basic Framework
CHAPTER
2: AN OVERVIEW OF TITLE II OF THE ADA
A.
The Americans with Disabilities Act
B.
Title II of the ADA
C.
Title II Implementation and Enforcement
D.
Section 504 of the Rehabilitation Act
E.
Application of Title II to TANF Programs
CHAPTER
3 THE ADA’S PLANNING AND TRAINING OBLIGATIONS
A.
Planning for ADA Compliance
B.
Training for ADA Compliance
CHAPTER
4: THE ADA AND THE ELEVENTH AMENDMENT
A.
Exception: Suits Against Non-States
B.
Exception: Waiver by States or Abrogation by Congress
C.
Exception: Suits for Injunctive Relief against State Officials
D.
Congressional Authority Under the Spending Clause
E.
Restriction on Suits Against States Under Federal Law in State Court
F.
Eleventh Amendment Immunity Under Section 504 of the Rehabilitation Act
G.
State Antidiscrimination Laws
PART
II: KEY ADA TITLE II TERMS AND CONCEPTS AND HOW THEY APPLY TO TANF PROGRAMS
INTRODUCTION
CHAPTER
5: INDIVIDUAL WITH A DISABILITY
A.
In General
B.
Individual with a Disability in TANF Programs
CHAPTER
6: QUALIFIED INDIVIDUAL WITH A DISABILITY
A.
In General
B. Qualified Individual
with a Disability in TANF Programs
CHAPTER
7: DISCRIMINATION BY REASON OF SUCH DISABILITY
A.
In General
B.
Discrimination By Reason of Disability in TANF Programs
CHAPTER
8: PROGRAM, SERVICE OR ACTIVITY
A.
In General
B.
Program, Service or Activity in the TANF Program
CHAPTER
9: PROGRAM ACCESS
A.
In General
B.
Program Access in TANF Programs
CHAPTER
10: REASONABLE MODIFICATIONS, FUNDAMENTAL ALTERATION, AND UNDUE
ADMINISTRATIVE OR FINANCIAL BURDEN
A.
In General
B.
The Olmstead Decision
C.
The Implications of Olmstead: Open Questions and Possible Strategies
D. Reasonable Modifications,
Fundamental Alteration and Undue Burden in TANF Programs
PART
III: USING THE ADA TO ADDRESS COMMON PROBLEMS IN TANF PROGRAMS
CHAPTER
11: DOES THE ADA REQUIRE TANF PROGRAMS TO HELP APPLICANTS WITH
DISABILITIES
WITH THE BENEFIT APPLICATION PROCESS AND WITH NAVIGATING THE
SYSTEM?
A.
The Obligation to Make Reasonable Modifications in the Application Process
B.
Fundamental Alteration and Undue Burden
C.
Possible Reasonable Modifications
D.
Notice of the Availability of Modifications
E. Do TANF Programs Need to
Know Which Individuals Have Disabilities to Provide
Reasonable Modifications?F.
Can TANF Programs Ask Potential Applicants for Benefits if They Have
Disabilities in Determining
Who
Needs Assistance with the Application Process?
G.
Can Programs Require Documentation of a Disability to Prove Eligibility
for Assistance During
the
Application Process?
CHAPTER
12: DO DIVERSION PRACTICES THAT DISCOURAGE INDIVIDUALS FROM APPLYING FOR
BENEFITS VIOLATE
THE ADA?
A.
The Discriminatory Impact of Diversion
B.
Reasonable Modifications to Diversion Policies
C.
Fundamental Alteration and Undue Burden
D.
What if the State Defines the Program as a “Diversion Program” or Defines
Diversion as the
Purpose
of the Program?
CHAPTER
13: DOES A WORK FIRST ORIENTATION VIOLATE THE ADA WHEN APPLIED TO
PEOPLE WITH
DISABILITIES?
A.
The Discriminatory Impact of Job Search
B.
Reasonable Modifications to Mandatory Pre-Benefit Job Search and Other Work
First Programs
C.
Do TANF Programs Have an Obligation to Investigate the Reasons for
Non-Compliance with
Work
First Requirements?
D.
Would Modification of Work First Activities be a Fundamental Alteration?
CHAPTER
14: DOES THE ADA REQUIRE TANF PROGRAMS TO SCREEN TO IDENTIFY DISABILITIES?
A.
Do TANF Programs Have an Obligation to Conduct Initial Disability Screenings?
B.
Do TANF Programs Have an Obligation to Provide In-Depth Disability Assessments?
C.
Fundamental Alteration and Undue Burden
D.
Disability Screening and Assessment Must be Voluntary
E.
Can an Existing Screening or Assessment Process Violate the ADA?
F.
The Definition of Disability Used by TANF Programs
G.
The Timing of Disability Assessments
CHAPTER
15: DOES THE ADA REQUIRE TANF PROGRAMS TO PROVIDE EDUCATION,
TRAINING, OR
SUPPORT SERVICES TO PEOPLE WITH DISABILITIES? DOES THE ADA PLACE
CONSTRAINTS ON
THESE SERVICES ?
A.
The Obligation to Provide Meaningful Access to Existing Support Services
B.
Providing Programs to Prevent or Remedy Discrimination
C.
Fundamental Alteration and Undue Burden
D.
Does the ADA Allow States to Operate Separate Programs for People with
Disabilities?
E.
Program Admission Criteria
F. The Implications of the Lack of Entitlement to Employment Programs
and Supportive Programs
CHAPTER
16: IS IT REASONABLE UNDER THE ADA TO MODIFY WORK REQUIREMENTS AND
SANCTIONS FOR
PEOPLE WITH DISABILITIES WHO ARE UNABLE TO WORK?
A.
Discrimination in Work Requirements and Sanctions
B.
Sanctioning Families of Older Children Who Lack Child Care
CHAPTER
17: DOES THE ADA REQUIRE PROGRAMS TO MODIFY THE LIFETIME LIMIT FOR TANF
CASH BENEFITS FOR
PEOPLE WITH DISABILITIES?
A.
Do Time Limits Have a Disparate Impact on People with Disabilities?
B.
Discrimination in Providing Services at an Earlier Point in Time
C.
Is There an Argument that People with Disabilities Need More Time to Become
Self-Sufficient?
D.
Fundamental Alteration and Undue Burden
E.
Can States Deny Extensions of Time Limits to Individuals with Disabilities Who
Have
Been
Sanctioned?