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Knowing Your Rights
Some of the most important pieces of legislation for people with disabilities in the past decade have been:
Public Law 93-112, Rehabilitation Act of 1973
First major legislative act to protect the civil rights of individuals with disabilities. Purpose was to prevent discrimination in a variety of public settings (employment, transportation and education). This law is limited to programs (not buildings) that receive federal funding. No one shall be excluded from participation, denied benefits, or subject to discrimination.
Section 504 was the final passage within the Rehabilitation Act and indicates Free Appropriate Public Education/Equal opportunities to children and adolescents with disabilities. Section 508 is the Electronic and Information Technology Accessibility for Persons with Disabilities.
Public Law 94-142 (1975): Education of all Handicapped Children's Act (EHA) This law mandates that states provide a free appropriate and public education to all children and youths with developmental disabilities.
PL 98-199 Education of the Handicapped Act Amendments (1983)
This law allows for federal funding to create parent training and information centers so that parents could learn how to protect the rights that PL 94-142 guarantees their child. PL 98-199 also provided financial incentives to expand services for children from birth to age 3 and the initiatives for transition services from school to adult living for students with disabilities.
Public Law 98-524, The Vocational Educational Act of 1984
Referred to as the Carl D. Perkins Act, or the Perkins Act, and authorizes Federal funds to support vocational education programs. One of the goals of the Perkins Act is to improve the access of those who either have been underserved in the past or who have greater-than-average educational needs. Under the Act, special needs students include those who have a disability, are disadvantaged, or have limited English proficiency. This law is particularly important because it requires that vocational education be provided for students with disabilities. It was reauthorized as the Carl D. Perkins Vocational and Applied Technology Education Act of 1990 (Public Law 101-392) and amended in 1998 (Public Law 105-332)
PL 99-372 Handicapped Children's Protection Act (1986)
This act allows parents or guardians to be reimbursed for reasonable legal costs if they WIN a hearing or court action. PL 99-372 requires that the case and the costs of the legal proceedings should be discussed with the lawyer prior to any legal action.
Public Law 99-457 (1986): An amendment to the 1975 EHA legislation requiring states to provide a free, appropriate education in the least restrictive environment to all eligible children three to five years old. Part C of this law addresses the need for, and gives incentives to states to provide multidisciplinary family-centered programs for infants and toddlers from birth to three with disabilities.
PL 100-407 Technology-Related Assistance for Individuals with Disabilities Act (1988)
This act recognizes that students with disabilities need special equipment to perform better and more independently. PL 100-407 also authorizes funding to allow states to create statewide systems of technological assistance to meet those needs.
The Americans with Disabilities Act of 1990
The ADA was the first comprehensive civil rights law for people with disabilities in the United States. It's goal is to eliminate discrimination by ensuring equal opportunity to places of public accommodation, heath care, public and private transportation, employment, state and local government programs and services, and telecommunications.
Public Law 102-119 (1991): Individuals with Disabilities Education Act (IDEA)
This amendment reauthorizes Part H and further supports greater outreach and coordination among community service organizations and practitioners. IDEA was reauthorized again in 1997. The purpose of IDEA is to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs, and prepare them for employment and independent living. For more information visit Education section of this website, the Department of Education IDEA website, or one of the websites listed under National resources below.
In June of 1999, the U.S. Supreme Court ruled in a case known as Olmstead vs. L.C. & E.W, that people have the right to live in the community rather than be "unnecessarily" segregated in nursing homes or institutions. A few months later, the federal government ordered state Medicaid directors to implement the "Olmstead decision" and come up with a plan to begin moving money to community-based services. This decision is envisioned to have a significant effect on the provision of community-based services.
The Architectural Barriers Act (ABA) requires access to certain facilities designed, built, altered, or leased with Federal funds according to established design standards. These standards are enforced by the Board through the investigation of complaints. Technical assistance on the design requirements is also available from the Board. Access Board website: www.access-board.gov
The Americans with Disabilities Act (ADA) National Network: Unlike the ABA, the ADA's coverage is not tied to the presence of Federal funding. Various agencies provide information or guidance on different sections of the law. Information on all sections is available through a network of regional Disability and Business Technical Assistance Centers (DBTACs) sponsored by the Federal government.
Employment: Equal Employment Opportunity Commission
Government Services and Public Accommodations: Department of Justice
Transportation: Federal Transit Administration
ADA Accessibility Guidelines: Access Board
The Fair Housing Act prohibits discrimination in housing on the basis of disability, as well as race, color, gender, and religion. It covers housing in the public and private sectors. Under the law, new multifamily housing must be able to be adapted for accessibility according to established guidelines.
Department of Housing and Urban Development
The Telecommunications Act requires telecommunications products and services to be accessible according to guidelines developed by the Access Board, where readily achievable. It covers a broad range of products, including telephones, cellular phones, pagers, and fax machines. The Federal Communications Commission enforces requirements of the law.
Federal Communications Commission
Accessibility Guidelines: Access Board
The Air Carrier Access Act prohibits discriminatory treatment of people with disabilities in air travel. Regulations issued by the Department of Transportation under the Act cover a range of issues, including boarding assistance and access features in newly built aircraft.
Aviation Consumer Protection Division
Department of Transportation
The Voting Accessibility for the Elderly and Handicapped Act ensures access to polling places used in Federal elections and requires States to make available registration and voting aids, such as instructions in large type. (Also, the newly passed Help America Vote Act of 2002 addresses access to polling places and voting systems. The Election Administration Commission, a new entity to be established under the law, will implement the act's reforms.)
Voting Section, Civil Rights Division Department of Justice
Additional Resources:
A Guide to Disability Rights Laws
Wrightslaw
Disability Rights Education and Defense Fund
Disability.gov
Much of this information was obtained from "Access Currents," a free newsletter issued by the Access Board every other month.
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