Federal Disability Laws - Social Legislation - Lecture Slides, Slides of Introduction to Sociology

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Overview of Major Federal

Disability Laws

AUCD - NSIP

• AUCD promotes the full inclusion of people with disabilities as active members in national service through the National Service Inclusion Project.
• NSIP is a partnership between the Institute for Community Inclusion at the University of Massachusetts-Boston and AUCD.

Rehabilitation Act of 1973

• Authorizes formula grant programs of vocational rehabilitation, supported employment, independent living, and client assistance. - Also authorizes a variety of training and service discretionary grants administered by the Rehabilitation Services Administration.
• Section 504 is one of the nation’s first laws barring discrimination base on disability.
• Simply made it illegal for recipients of federal funds to discriminate on the basis of disability.
• Modeled on Title VI of Civil Rights Act of 1964.

Rehab Act – Sec. 504

• Applies to:
  • Almost all public school districts
  • Public and most private colleges and universities.
  • Health and social services, programs.
  • Public housing authorities, cities and towns that receive Community Development Block Grants (CDBG) or other federal funds, private for profit or non-profit housing developers, and student housing.
  • Transportation services
  • Applies to the Corporation for National Service

Americans with Disabilities Act

(ADA) - 1990

• Title I – Employment
• Title II – State and Local Governments
• Title III – Public Accommodations

Title I ADA – Employment

• Prohibits discrimination on the basis of disability in employment.
• Title I requires employers with 15 or more employees to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities available to others.
• Prohibits discrimination in recruitment, hiring, promotions, training, pay, social activities.
• Restricts questions that can be asked about an applicant's disability before a job offer is made,
• Requires that employers make reasonable accommodation to the known physical or mental limitations of otherwise qualified individuals with disabilities, unless it results in undue hardship.

Title III – Public accommodations

• Includes restaurants, hotels, theaters, private schools, doctors' offices, homeless shelters, transportation depots, zoos, funeral homes, day care centers, and recreation facilities. Transportation services provided by private entities are also covered by Title III. - Must comply with basic nondiscrimination requirements that prohibit exclusion, segregation, and unequal treatment. - must comply with specific requirements related to architectural standards for new and altered buildings; - reasonable modifications to policies, practices, and procedures; - effective communication with people with hearing, vision, or speechdisabilities; and - other access requirements. - public accommodations must remove barriers in existing buildings where it iseasy to do so without much difficulty or expense, given the public accommodation's resources. - Courses and examinations related to professional, educational, or trade-related applications, licensing, certifications, or credentialing must be accessible. (^) Docsity.com 10

An individual with a disability

is defined by Rehab Act and ADA 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 (even if no impairment in fact exists, e.g. HIV positive)

Why ADAAA?

• Supreme Court narrowed definition
  • Sutton v. United – mitigating measures, e.g. glasses, medications, hearing aids, prosthetics
  • Toyota v. Williams – narrowed “substantially” to mean “considerably” or “to a large degree”. Also narrowed scope of “major life activity”.
• EEOC regulations defined “substantially limits” as “significantly restricts.”
• Need to “restore” the law to its original intent

What does ADAAA do?

• Specifically overturns Supreme Court decisions that have caused too many people withdisabilities whom Congress intended the ADA to cover to lose important protection.
• Makes it clear that Congress intended the ADA’s coverage to be broad, to cover anyonewho faces unfair discrimination because of a disability.
• Uses the findings and purposes to reject Court and agency interpretation of‘substantially limits” as too stringent and directing them to interpret the terms of the definition to create a less demanding standard.
• Prohibits consideration of mitigating measures in the determination of whether anindividual has a disability.
• Affords broad coverage for individuals “regarded as” having a disability under the ADA:
  • provides that an individual has a covered disability if he or she was discriminated againstbased on an actual or perceived impairment, regardless of whether the impairment limits a major life activity,
  • but includes a provision to make it clear that accommodations need not be made to someonewho is disabled solely because he or she is “regarded as” having a disability.

IDEA

• Guarantees a “Free and Appropriate Public Education” or FAPE to every child identified as needing special education.
• Students are guaranteed services in the least restrictive environment.
• Right to due process – parents have right to challenge decisions about their child’s educational services

Individualized Education Program

• Team designs program based on individual needs.
• Educational services may include such related services as special transportation, speech/language therapy, counseling, occupational or PT.
• Includes transition services for students leaving high school, moving into work, postsecondary education and community life.

Higher Education Act

• Just reauthorized and strengthened.
• Expands Demonstration Projects to Support Postsecondary Faculty, Staff, and Administrators in Educating Students with Disabilities
• New demonstration projects are authorized to develop “Comprehensive Transition and Postsecondary Programs for Students with Intellectual Disabilities.”
• For the first time students within intellectual disabilities are eligible for Pell Grants and Federal work-study funds.

Social Security

• Created in 1935 as a social insurance program designed to pay retired workers age 65 or older a continuing income
• Medicare and Medicaid added in 60s and 70s
• Social Security Disability Insurance (SSDI)-- pays benefits to people with disabilities provided that they have been in the work force for a set amount of time and paid Social Security taxes.
• Supplemental Security Income (SSI) -- pays benefits based on financial need.