Asof 2018-19, only the grades 5 and 8 Statewide Science Assessment is still being administered. For information about those assessments, visit the Statewide Science Assessment page of the FDOE website. Practice materials for the Florida Standards Assessments (FSA) are available on the FSA Portal.
The FCAT 2.0 Sample Test and Answer Key Books were produced to prepare students to take the tests in mathematics (grades 3-8) and reading (grades 3-10). Sample Test and Answer Key Books for grades 5 and 8 science are available on the Statewide Science Assessment page. The Sample Question Books are designed to help students become familiar with FCAT 2.0 questions and to offer students practice answering questions in different formats. The Sample Answer Keys are designed to be used by teachers to explain to students the answers and solutions to the questions in the Sample Question Books and to identify which Next Generation Sunshine State Standards benchmark is being tested by the question.
The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.
The ADA Amendments Act of 2008 (ADAAA) was enacted on September 25, 2008, and became effective on January 1, 2009. This law made a number of significant changes to the definition of "disability." It also directed the U.S. Equal EmploymentOpportunity Commission (EEOC) to amend its ADA regulations to reflect the changes made by the ADAAA. The final regulations were published in the Federal Register on March 25, 2011.
The EEOC is making changes to both the Title I ADA regulations and to the Interpretive Guidance (also known as the Appendix) that was published with the original ADA regulations. The Appendix provides further explanation on how the regulationsshould be interpreted.
The questions and answers below provide information on the changes made to the regulations as a result of the ADAAA and identify certain regulations that remain the same. The answers below also note where the final regulations differ from whatappeared in the Notice of Proposed Rulemaking (NPRM) that was published September 23, 2009. Finally, answers to certain questions provide citations to specific sections of the final regulations and the corresponding section of the Appendix (29C.F.R. section 1630).
No. The ADAAA does not apply retroactively. For example, the ADAAA would not apply to a situation in which an employer, union, or employment agency allegedly failed to hire, terminated, or denied a reasonable accommodation to someone with adisability in December 2008, even if the person did not file a charge with the EEOC until after January 1, 2009. The original ADA definition of disability would be applied to such a charge. However, the ADAAA would apply to denials of reasonableaccommodation where a request was made (or an earlier request was renewed) or to other alleged discriminatory acts that occurred on or after January 1, 2009.
Among the purposes of the ADAAA is the reinstatement of a "broad scope of protection" by expanding the definition of the term "disability." Congress found that persons with many types of impairments - including epilepsy, diabetes, multiplesclerosis, major depression, and bipolar disorder - had been unable to bring ADA claims because they were found not to meet the ADA's definition of "disability." Yet, Congress thought that individuals with these and other impairments should becovered. The ADAAA explicitly rejected certain Supreme Court interpretations of the term "disability" and a portion of the EEOC regulations that it found had inappropriately narrowed the definition of disability. As a result of the ADAAA and EEOC'sfinal regulations, it will be much easier for individuals seeking the law's protection to demonstrate that they meet the definition of "disability." As a result, many more ADA claims will focus on the merits of the case.
The changes to the definition of disability also apply to all of the ADA's titles, including Title II (programs and activities of State and local government entities) and Title III (private entities that are considered places of publicaccommodation). A few provisions of the ADAAA affect only the portions of the ADA and the Rehabilitation Act concerning employment, such as a provision that requires covered entities to show that qualification standards that screen out individualsbased on uncorrected vision are job-related and consistent with business necessity, and changes to the general prohibition of discrimination in 102 of the ADA.
The EEOC's final regulations apply to Title I of the ADA and section 501 of the Rehabilitation Act, but they do not apply to Titles II and III of the ADA, or sections 503 and 504 of the Rehabilitation Act.
These regulations apply to all private and state and local government employers with 15 or more employees, employment agencies, labor organizations (unions), and joint labor-management committees. [Section 1630.2(b)] Additionally, section 501 ofthe Rehabilitation Act applies to federal executive branch agencies regardless of the number of employees they have. The use of the term "covered entity" in this Q&A and the Appendix refers to all such entities.
Not necessarily. Claims for denial of reasonable accommodation must be brought under one or both of the first two prongs of the definition of disability ( i.e., an actual disability and/or a record of a disability) since the ADAAA specificallystates that those covered under only the "regarded as" definition are not entitled to reasonable accommodation. While other types of allegations ( e.g., failure to hire or promote, termination, harassment) may be brought under any of thedefinitions, an individual may find it easier to claim coverage under the "regarded as" definition of disability. An individual only has to meet one of the three prongs of the definition of "disability." [Section 1630.2(g)(3) and Appendix Section1630.2(g)]
The regulations define "physical or mental impairment" as any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems, such as neurological, musculoskeletal, special sense organs,respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, immune, circulatory, hemic, lymphatic, skin and endocrine. They also cover any mental or psychological disorder, such as intellectual disability (formerlytermed mental retardation), organic brain syndrome, emotional or mental illness, and specific learning disabilities. [Section 1630.2(h)]
The definition of "impairment" in the new regulations is almost identical to the definition in EEOC's original ADA regulations, except that the immune and circulatory systems have been added to the list of body systems that may be affected by animpairment, because these systems are specifically mentioned in the ADAAA's examples of major bodily functions. (See Question 8.)
The final regulations provide a non-exhaustive list of examples of major life activities: caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing,learning, reading, concentrating, thinking, communicating, interacting with others, and working. Most of these examples are taken from the ADAAA, which in turn adopted them from the original ADA regulations and EEOC guidances, or from ADA andRehabilitation Act case law.
The final regulations also state that major life activities include the operation of major bodily functions, including functions of the immune system, special sense organs and skin, normal cell growth, digestive, genitourinary, bowel,bladder, neurological, brain, respiratory, circulatory, cardiovascular, endocrine, hemic, lymphatic, musculoskeletal, and reproductive functions. Although not specifically stated in the NPRM, the final regulations state that major bodily functionsinclude the operation of an individual organ within a body system ( e.g., the operation of the kidney, liver, or pancreas).
As a result of the ADAAA's recognition of major bodily functions as major life activities, it will be easier to find that individuals with certain types of impairments have a disability. (For examples of impairments affecting major bodilyfunctions that should easily be concluded to meet the first or second part of the definition of "disability," see Question 19.)
To have an "actual" disability (or to have a "record of" a disability) an individual must be (or have been) substantially limited in performing a major life activity as compared to most people in the general population. Consistent with the ADAAA,the final regulations adopt "rules of construction" to use when determining if an individual is substantially limited in performing a major life activity. These rules of construction include the following:
No. As discussed in Question 25, the ADAAA excludes from "regarded as" coverage an actual or perceived impairment that is both transitory ( i.e., will last fewer than six months) and minor. However, neither the ADAAA nor the final regulationsapply this exception found in the "regarded as" definition of disability to the other two definitions of disability. One of the "rules of construction" states that the effects of an impairment lasting fewer than six months can be substantiallylimiting. [Section 1630.2(j)(1)(ix)]
Yes. The ADAAA and the final regulations specifically state that an impairment that is episodic or in remission meets the definition of disability if it would substantially limit a major life activity when active. This means that chronicimpairments with symptoms or effects that are episodic rather than present all the time can be a disability even if the symptoms or effects would only substantially limit a major life activity when the impairment is active. The Appendix providesexamples of impairments that may be episodic, including epilepsy, hypertension, asthma, diabetes, major depressive disorder, bipolar disorder, and schizophrenia. An impairment such as cancer that is in remission but that may possibly return in asubstantially limiting form will also be a disability under the ADAAA and the final regulations. [Section 1630.2(j)(1)(vii) and corresponding Appendix section]
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