Federal Legislation
The following are federal laws, regulations and policies addressing the needs of persons with disabilities:
1. The Assistive Technology Act
The primary piece of federal legislation addressing access to assistive technology for persons with disabilities is the Assistive Technology Act of 1998, as amended 2004, 29 U.S.C Section 3001, et seq. 2004. The Assistive Technology Act provides grants to the states to address the assistive technology needs of individuals with disabilities.
Related Links:
http://www.ed.gov/programs/atsg/legislation.html
2. The Americans with Disabilities Act of 1990
The Americans with Disabilities Act, (ADA), 42 U.S.C. Section 12131 et seq. 2000, prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications and government activities. The ADA also establishes requirements for telecommunication relay services.
Related Links:
www.ada.gov
www.dol.gov/dol/topic/disability/ada.htm
3. The Individuals with Disabilities Education Improvement Act of 2004 (IDEA)
Aligned the federal law addressing disabilities and education closely to the No Child Left Behind Act (NCLB), helping to ensure equity, accountability and excellence in the education of children with disabilities. The law is designed to ensure that children with disabilities are taught by highly qualified teachers and receive research-based education.
School districts are required under the law to provide appropriate assistive technology to students with disabilities when it supports their acquisition of a free and appropriate public education.
Related Links:
For a more detailed look at the assistive technology requirements of the IDEA, go to www.atto.buffalo.edu/registered/ATBasics/Foundation/intro/introATidea.php
For a detailed look at implementation of IDEA in the State of Louisiana go to http://www.doe.state.la.us/lde/eia/505.html
For a detailed look at the IDEA law and U.S. Department of Education regulations, go to www.wrightslaw.com/idea/index.htm www.ed.gov/policy/speced/guid/idea/idea2004.html
For resources to assist teachers, school administrators, and related service providers implement changes to IDEA, go to www.ideapractices.com
4. The Rehabilitation Act of 1973, as amended, Sections 504 and 508
Section 504 of the Rehabilitation Act of 1973 forbids organizations and employers from excluding or denying people with disabilities an equal opportunity to receive program benefits and services. It defines the rights of individuals with disabilities to participate in, and have access to, program benefits and services.
Section 508 of the Rehabilitation Act requires that when Federal agencies develop, procure, maintain, or use electronic and information technology, they shall ensure that this technology allows: (1) federal employees with disabilities to have access to and use of information and data that is comparable to that by Federal employees who are not individuals with disabilities, unless an undue burden would be imposed on the agency; and (2) individuals with disabilities, who are members of the public seeking information and services from a federal agency, to have access to and use information and data that is comparable to that provided to the public who are not individuals with disabilities.
Related Links:
For a look at your rights under Section 504 of the Rehabilitation Act, go to: www.hhs.gov/ocr/504.html
For a look at your rights under Section 508 of the Rehabilitation Act, go to: www.section508.gov
5. The Workforce Investment Act of 1998
The Workforce Investment Act consolidates, coordinates, and improves employment, training, literacy, and vocational rehabilitation programs in the United States. Title IV of WIA, Sections 401-414 contains amendments to the Rehabilitation Act, including independent living requirements.
Related Links:
For a detailed look at the Workforce Investment Act and regulations, go to: http://www.doleta.gov/USWORKFORCE/wia/act.cfm.
6. The Telecommunications Act of 1996, Section 255
Section 255 of the Telecommunications Act of 1996 requires telecommunications products and services be accessible to people with disabilities. This is required to the extent that access is "readily achievable," meaning accomplishable without much difficulty or expense.
Related Links:
To see the extent and applicability of Section 255, go to: www.access-board.gov/about/laws/telecomm.htm.
7. The Developmental Disabilities and Bill of Rights Act of 2000 (DD ACT)
The DD Act provides programs and services to individuals with developmental disabilities. Developmental disabilities are physical or mental impairments that begin before age 22, and that substantially inhibit a person's capacity to perform major life functions.
Related Links:
For more information on the DD Act, go to: www.acf.dhhs.gov/programs/add/addabout.html.
8. The Fair Housing Act
The Fair Housing Act was amended in 1988 to prohibit housing discrimination on the basis of disability. Its coverage includes private housing, housing that receives federal financial assistance, and State and local government housing. It is unlawful to discriminate in any aspect of selling or renting housing or to deny a dwelling to a buyer or renter because of a disability.
Related Links:
For more information on the Fair Housing Act, go to www.hud.gov/offices/fheo and www.fairhousingfirst.com.
9. The Air Carrier Access Act
The Air Carrier Access Act prohibits discrimination in air transportation by domestic and foreign air carriers against qualified individuals with physical or mental impairments. Requirements address a wide range of issues including boarding assistance and certain accessibility features in newly built aircraft and new or altered airport facilities.
New regulations, whose purpose is to carry out the Air Carrier Access Act of 1986 (ACAA), as amended, went into effect on May 13, 2009. Both U.S. and foreign air carriers are prohibited from discriminating against passengers on the basis of disability. Both U.S. and foreign air carriers are required to make aircraft, other facilities, and services accessible. Air carriers also must take steps to accommodate passengers who have a disability.
These new regulations now address almost every accessibility issue that a passenger with a disability may face on board the aircraft and in an airport.
New key changes include:
- Applies to both U.S. and foreign carriers.
- New requirements for airport and aircraft accessibility and changes in airport services including reservations, facilities, in-flight and aircraft acquisitions.
- Requires 48-four notification and changes requirements for passengers who use respiratory assistive devices.
- Clarifies how airlines must provide effective communication for passengers who are deaf or hard-of hearing.
- Requires 48-hour notification that a customer is bringing an emotional support animal or psychiatric service animal on board the aircraft.
(Excerpted from “An Overview of the ACAA” authored by Jacquie Brennan of the Southwest ADA Center.)
10. The National Voter Registration Act
The National Voter Registration Act of 1993, makes it easier for all Americans to exercise their fundamental right to vote. The Act requires all offices of State-funded programs that are primarily engaged in providing services to persons with disabilities to provide all program applicants with voter registration forms, to assist them in completing the forms, and to transmit completed forms to the appropriate State official.
Related Links:
For more information on the National Voter Registration Act, go to www.usdoj.gov/crt/voting.
11. The Voting Accessibility for the Elderly and Handicapped Act
The Voting Accessibility for the Elderly and Handicapped Act of 1984 generally requires polling places across the United States be physically accessible to people with disabilities for federal elections. The law also requires states to make available registration and voting aids for disabled and elderly voters.
Related Links:
For more information on the Voting Accessibility for the Elderly and Handicapped Act, go to www.usdoj.gov/crt/voting.
12. The Civil Rights of Institutionalized Persons Act (CRIPA)
CRIPA authorizes the U.S. Attorney General to investigate conditions of confinement at State and local government institutions including publicly operated nursing homes, and institutions for people with psychiatric or developmental disabilities.
Related Links:
For more information on CRIPA, go to www.usdoj.gov/crt/split
13. The Architectural Barriers Act (ABA)
The ABA requires that buildings and facilities that are designed, constructed, or altered with Federal funds, or leased by a Federal Agency, comply with Federal standards for physical accessibility. ABA requirements are limited to architectural standards in new and altered buildings and in newly leased facilities.
Related Links:
For more information on the ABA, go to www.access-board.com.
