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The Laws At-A-Glance The following information is provided as an introduction and overview to relevant state and federal laws. Due to limited space, we cannot provide the level of detail needed to apply these laws in specific situations. Therefore, we suggest that you consult with an attorney or other advocate who is familiar with your specific issues as part of your research. Technology-Related Assistance for Individuals with Disabilities Act as amended 1988, (P.L. 103-218) What is the Technology-Related
Assistance for Individuals with The Tech Act has six priorities that the state project must seek to implement.
Whom do I contact for more information about the Tech Act? Americans with Disabilities Act P.L. 101-336 What is the Americans with Disabilities Act? The Americans with Disabilities Act (ADA) was enacted in 1990 to provide protection for people with disabilities against discrimination on the basis of their disabilities. The law is considered comprehensive in its coverage and is divided into five major sections (referred to in the Act as Titles) addressing five individual areas of peoples’ lives. What areas does the act cover? The Americans With Disabilities Act has five sections covering the following areas.
Who is covered by the Americans with Disabilities Act? The Americans with Disabilities Act covers anyone who fits within the Act’s definition of disabled and is participating in one of the coverage areas. How does the Americans with Disabilities Act define an individual with a disability? The ADA defines an “individual with a disability” 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. Hence, the definition extends to persons who may have a history of substantial life impairments even though they are not currently impaired. The definition also covers individuals who are care givers or are responsible for those who are substantially impaired. Who administers the Americans with Disabilities Act?
For more specific information about ADA requirements affecting employment contact:
For more specific information about ADA requirements affecting public services and public accommodations contact:
For more specific information about ADA requirements affecting telecommunications contact:
For more specific information about ADA requirements affecting transportation contact:
For more specific information about requirements for accessible design in new construction and alterations contact:
Individuals with Disabilities Education Act (IDEA) What is the Individuals with Disabilities Education Act? The Individuals with Disabilities Education Act (IDEA) is a law designed to ensure that all students receive a “free appropriate public education” (FAPE) in the “least restrictive environment” (LRE) Federal funding is provided to states that submit a state plan to the federal government to assist in providing special education classes and supplemental aids and services. Who is covered by this law? The Act is divided into separate sections ( called “parts”) that address the various age groups.
How does the school system provide services for disabled students At the public’s expense and at no cost to parents, a child who is in need of special education, related services, or supplemental aids and services is entitled to such programming. Special education is specially designed instruction to meet the unique needs of a child with a disability; related services are those that may be required to assist a child with a disability to benefit from special education. What services are covered under IDEA? Initially, the law did not address the issue of assistive technology. However, the amendments of 1992 dealt with the issue of assistive technology. Generally, the school system must provide any service or equipment that is necessary for the student to receive the most appropriate education for that child. Over the past eight years, the Office of Special Education Programs (OSEP) has written policy letters which are used as general guidance for what is and is not appropriate for the school system to provide. Carl D. Perkins Vocational Applied Technology Education Act What is the Carl Perkins Vocational Applied Education Act? Carl Perkins Vocational and Applied Technology Education Act is a basic federal grant that funds secondary and post-secondary vocational and technical programs. The Act seeks to improve academic and occupational competence of all segments of the vocational enrollees with emphasis on special populations. Who is covered under this act? Special populations include but are not limited to students with disabilities and students who are academically or economically disadvantaged. How can the funds be used? Funds from this federal grant may be used to purchase equipment to support the student in completing course work content in order to get a job. This may include the purchase of assistive technology. Equipment modifications, i.e., instructional aids and devices, can be provided as supplementary services. Whom do I contact to apply for these federal funds? Contact the local school district (secondary) or vocational/technical school (post-secondary) that the student attends. In an effort to maintain the integrity of this Act, I have used the terminology that would be found in the act. Hence, the term “handicapped” is used because it reflects the language of the statute. The purpose of the Rehabilitation Act is “to develop and implement, through research, training, services, and the guarantee of equal opportunity, comprehensive coordinated programs of vocational rehabilitation and independent living for individuals with handicaps in order to maximize their employability, independence, and integration into the workplace and the community.” “Employability” is defined as “a determination that with the provision of vocational rehabilitation services, the individual is likely to enter or retain, as a primary objective, full-time employment, or if appropriate, part-time employment, consistent with the capacities or abilities of the individual in the competitive labor market; the practice of a profession; self-employment; homemaking; ... or other gainful work.” State participation in the program is voluntary, but if a state chooses to participate, it must comply with federal guidelines and regulations governing the Act. How is the act implemented? Once a state has opted to participate, an agency is designated with the responsibility to provide appropriate programs and services to assist people with disabilities to acquire skill and/or employment. When the person initially accesses the system, s/he may be evaluated. After the client has been evaluated, s/he, along with the rehabilitation service provider, will devise a plan which will give a step-by-step illustration of the person’s employment goals and the steps needed to achieve those goals. This work plan is called the Individualized Work Rehabilitation Plan (IWRP). What are the pertinent sections of the act? The most used section of the Act is Section 504. Section 508, which is also Section 603 of the Electronic Equipment Act of 1990, is also being implemented by Tech Act projects across the country. What is Section 504? Section 504 of the Act, 29 U.S.C. s 794 (1976), provides that no otherwise qualified handicapped individual in the United States, as defined in Section 706(7), shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. At the time of the enactment of the law, the Secretary of Health, Education and Welfare promulgated regulations under the statute. The majority of the Section 504 claims are now covered under the Americans with Disabilities Act. What is Section 508? Section 508 of the Rehabilitation Act requires that states actively ensure that the office equipment and technology being used by that state does not preclude the employment of people with disabilities. The purpose of this section is to minimize the reasons that a person with a disability would be unable to be considered for employment by a state entity. What is my recourse if I believe that my rights under this Act have been violated? If a consumer believes that his/her rights have been violated by the rehabilitation agency, then the law provides that monies be set aside for a Client Assistance Program (CAP). The CAP program represents the client against the agency all the way through an administrative appeals process to advocate for the client’s rights. If after completing this process, the client is still dissatisfied with the results, then s/he may file a suit in federal court against the agency. |
