Americans with Disabilities Act / ADA Amendments Act of 2008
The Americans with Disabilities Act (ADA) is a bill designed to establish a clear and comprehensive prohibition of discrimination on the basis of disability. The act gives civil rights protections to individuals with disabilities that are like those provided to individuals on the basis of race, sex, national origin, and religion, mandated in the Civil Rights Act of 1964. It guarantees equal opportunity for individuals with disabilities in employment, public accommodations, transportation, state and local government services, and telecommunications. Public Law 101-336 was signed into law by President George H. W. Bush on July 26, 1990.
The law as amended has been rearranged and published by subject matter in the United States Code: I, II, III, and V are under Title 42, at section 12101; Title IV is under Title 47.
Note: In September 2008, President Bush signed into law amendments to ADA that are intended to clarify and reiterate who is covered by the law’s civil rights protections. The “ADA Amendments Act of 2008” revises the definition of “disability” to more broadly encompass impairments that substantially limit a major life activity. The amended language also states that mitigating measures, including assistive devices, auxiliary aids, accommodations, medical therapies and supplies (other than eyeglasses and contact lenses) have no bearing in determining whether a disability qualifies under the law. Changes also clarify coverage of impairments that are episodic or in remission that substantially limit a major life activity when active, such as epilepsy or post-traumatic stress disorder.
“This bill fulfills the promise of the ADA and greatly increases the number of people eligible for its protections,” stated Senator Tom Harkin, a leading sponsor of the act. The amendments take effect January 1, 2009.
Resource: The Americans with Disabilities Act of 1990 (amended) is available from www.ada.gov/pubs/ada.htm
Resource: The ADA Amendments Act of 2008 is available from www.access-board.gov/about/laws/ada-amendments.htm
Resource: Americans with Disabilities Act Federal Web Site: www.ada.gov/
Assistive Technology Act of 1998 [Public Law 105-394]
The Assistive Technology Act provides funds to states to support three types of programs:
- the establishment of assistive technology (AT) demonstration centers, information centers, equipment loan facilities, referral services, and other consumer-oriented programs;
- protection and advocacy services to help people with disabilities and their families, as they attempt to access the services for which they are eligible;
- Federal/state programs to provide low interest loans and other alternative financing options to help people with disabilities purchase needed assistive technology.
Resource: For a list of state projects funded under the Tech Act, visit www.ataporg.org/atap/
Assistive Technology Act of 2004 [Public Law 108-364]
The 2004 amendments to the Assistive Technology Act of 1998 supports State efforts to improve the provision of assistive technology to individuals with disabilities through comprehensive statewide programs of technology-related assistance, for individuals with disabilities of all ages.
The purpose was to provide States with financial assistance that supports programs designed to maximize the ability of individuals with disabilities and their family members, guardians, advocates, and authorized representatives to obtain assistive technology devices and assistive technology services.
- The program is authorized for 6 years (2005-2010);
- Sunset protection has been eliminated;
- Funds under the AT Act shall not be used for direct payment for an assistive technology device for an individual with a disability;
- Federal and State agencies are not authorized to reduce medical or other assistance or alter eligibility for a benefit or service under any federal law as a result of the AT Act;
- States must provide an assurance that the funds received through the grant will be used to supplement, and not supplant, funds available from other sources for technology related assistance, including the provision of assistive technology devices and assistive technology services
- Any authorized activity carried out and supported by federal funds received under the Act must comply with Section 508
- Covers people with disabilities of all ages, all disabilities, in all environments (early intervention, K-12, post-secondary, vocational rehabilitation, community living, aging services, etc.)
- Activities implemented under the Act address the needs of “targeted individuals and entities.
From: A Summary of ATA 2004: www.ataporg.org
Resource: thomas.loc.gov
Resource: www.ataporg.org
Individuals with Disabilities Education Improvement Act of 2004
Relating to the original IDEA legislation, the Individuals with Disabilities Education Improvement Act is the reauthorized Individuals with Disabilities Education Act. The Individuals with Disabilities Education Act (IDEA) is a law ensuring services to children with disabilities throughout the nation. IDEA governs how states and public agencies provide early intervention, special education and related services to more than 6.5 million eligible infants, toddlers, children and youth with disabilities.
IDEA is organized in four sections:
- Part A - General Provisions
- Part B - Assistance for Education of All Children with Disabilities
- Part C - Infants and Toddlers with Disabilities
- Part D - National Activities to Improve Education of Children with Disabilities
Infants and toddlers with disabilities (birth-2) and their families receive early intervention services under IDEA Part C. Children and youth (ages 3-21) receive special education and related services under IDEA Part B.
- New: Building the Legacy: IDEA 2004 (Part B and C)
- View / print Public Law 108-446 [H.R. 1350] pdf [415 kb]
- View / print Public Law 108-446 [H.R. 1350] (text)
- Idea Partnership Web Site Links Related to P.L. 108-446
Part B (ages 3 - 21)
The U.S. Department of Education announced the final Part B regulations to implement the Individuals with Disabilities Education Improvement Act of 2004 (IDEA) on August 3, 2006. On August 14, 2006, the official copy of the final Part B regulations of the IDEA was published in the Federal Register.
- New: Building the Legacy: IDEA 2004 (Part B and C)
- View a copy of the final regulations: Federal Register (1.5 mb pdf)
- View a copy of the legislation: Public Law 108 - 446 (htm)
- U.S.D.E. Building the Legacy: IDEA 2004 Web site: idea.ed.gov
Part C (ages birth - 2)
Part C is the Early Intervention Program for Infants and Toddlers with Disabilities. The new Part C Notice of Proposed Rulemaking NPRM has been published and is available online. The NPRM incorporates the changes made to IDEA 2004.
- New: Building the Legacy: IDEA 2004 (Part B and C)
- http://idea.ed.gov/download/Part_C_NPRM--OFR.pdf
- http://idea.ed.gov/static/partCNprm
Resources: NICHCY: www.nichcy.org/Laws/IDEA/Pages/Default.aspx
The Rehabilitation Act: Sections 501, 503, 504, and 508
The Rehabilitation Act is the federal legislation that authorizes the formula grant programs of vocational rehabilitation, supported employment, independent living, and client assistance. It also authorizes a variety of training and service discretionary grants administered by the Rehabilitation Services Administration. The Act authorizes research activities that are administered by the National Institute on Disability and Rehabilitation Research and the work of the National Council on Disability. The Act also includes a variety of provisions focused on rights, advocacy and protections for individuals with disabilities.
The Rehabilitation Act prohibits discrimination on the basis of disability in programs conducted by Federal agencies, in programs receiving Federal financial assistance, in Federal employment, and in the employment practices of Federal contractors. The standards for determining employment discrimination under the Rehabilitation Act are the same as those used in title I of the Americans with Disabilities Act.
- Section 501 requires affirmative action and nondiscrimination in employment by Federal agencies of the executive branch. To obtain more information or to file a complaint, employees should contact their agency's Equal Employment Opportunity Office. (www.access-board.gov/enforcement/rehab-act-text/title5.htm)
- Section 503 requires affirmative action and prohibits employment discrimination by Federal government contractors and subcontractors with contracts of more than $10,000. (www.dol.gov/dol/allcfr/Title_41/Part_60-741/toc.htm)
- Section 504 states that "no qualified individual with a disability in the United States shall be excluded from, denied the benefits of, or be subjected to discrimination under" any program or activity that either receives Federal financial assistance or is conducted by any executive agency or the United States Postal Service. (www.section508.gov/index.cfm?FuseAction=Content&ID=15)
- Section 508 establishes requirements for electronic and information technology developed, maintained, procured, or used by the federal government. Section 508 requires federal electronic and information technology to be accessible to people with disabilities, including employees and members of the public. (www.section508.gov/index.cfm?FuseAction=Content&ID=15)
Resource: Office of Federal Contract Compliance Programs: www.dol.gov/ofccp/
Resource: The Rehabilitation Act: ed.gov/policy/speced/reg/narrative.html
Resource: A Guide to Disability Rights legislation: www.ada.gov/
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