Web Posted on: December 16, 1997
Related Federal Disability Laws
There are dozens of federal statutes establishing programs or containing provisions that pertain specifically to individuals with disabilities. The Department of Education in August, 1988 published Summary of Existing Legislation Affecting Persons with Disabilities, a booklet which describes many federal laws and programs that affect people with disabilities. The Department is updating this publication and expects to have it ready for publication in the spring of 1992. Copies can at that time be obtained by contacting the Clearinghouse on Disability Information, U.S. Department of Education, Room 3132 Switzer Building, Washington, D.C. 20202-2524, at (202) 732-1241 or (202) 732-1723 (both are voice and TDD numbers).
Following are descriptions of selected federal disability statutes that are relevant to promoting the purposes of ADA's employment, public services, and public accommodations provisions.
In addition to these programs, there are several tax code provisions that provide businesses with financial incentives to hire people with disabilities or make employment and access-enhancing expenditures required by, or consistent with the purposes of, the ADA. For descriptions of these provisions, see Appendix item G, Disability Related Tax Provisions Applicable to Businesses.
I. Rehabilitation Act of 1973
Rehabilitation Services Administration and National Institute on Disability and Rehabilitation Research, Department of Education
The Rehabilitation Act of 1973 is the principal federal legislation establishing programs aimed at promoting the employment and independent living of people with disabilities. Programs authorized under this Act are administered within the U.S. Department of Education by the Rehabilitation Services Administration and the National Institute on Disability and Rehabilitation Research. Following are selected programs established under this Act to promote these purposes.
A. Programs administered by the Rehabilitation Services Administration
The Rehabilitation Services Administration administers the principal federal service programs designed to promtote the rehabilitatation, employment, and independent living of people with disabilities.
1) Centers for Independent Living (Title VII, Part B of the Act)
Centers for Independent Living are community based, nonresidential centers that provide independent living services to enable individuals with disabilities to live and function independently.
Services provided to individuals with severe disabilities include independent living skills training, counseling and personal advocacy services on income benefits and legal rights, information and referral, peer counseling, education and training necessary for living in the community and participation in community activities, housing assistance, transportation, equipment and adaptive aid loans, and personal care attendant training and referral.
Other services provided are outreach/community education, technical assistance to other community agencies, transitional services to assist youth in making the transition from school to the community, intake and assessment, service coordination, emergency intervention, social and recreation, and vocational/educational/employment services.
Independent living centers are often an excellent source of advice on an array of accessibility, attitudinal, and other issues of concern to people with disabilities. There are 202 centers for independent living across the country. For the location and/or telephone number of one nearest you contact either the Independent Living Research Utilization Center at 2323 South Shephard Street, Suite 1000, Houston, Texas 77019, telephone (713) 520-0232 (voice) or (713) 520-5136 (TDD) or the National Council on Independent Living at Troy Atrium, Fourth Street and Broadway, Troy, New York 12180, telephone (518) 274-1979 (voice) or (518) 274-0701 (TDD).
2) State Vocational Rehabilitation Agencies (Title I of the Act)
Eighty-four State vocational rehabilitation agencies are funded by the Federal Government. These agencies operate in each State, territory, and the District of Columbia to provide vocational rehabilitation services to individuals with physical or mental disabilities. Separate agencies service individuals who are blind or visually impaired in several States.
Services are provided based upon eligibility criteria that include the presence of a physical or mental disability; evidence that the disability results in a substantial handicap to employment; and the reasonable expectation that vocational rehabilitation services can benefit the individual in terms of employability.
State vocational rehabilitation agencies provide assessment and evaluation services, counseling, guidance and referral services, vocational training, physical and mental restoration services, job development and job placement services, among other types of services to assist individuals with disabilities to become gainfully employed.
State vocational rehabilitation agencies can assist employers by assessing the accommodations that may be necessary for an employee with a disability, provide technical assistance on the nature and functional limitation of a disability, and make referrals to appropriate resources for rehabilitation technology services.
State agencies administer several types of supported employment programs, including the Supported Employment State Formula Grant program, Community-Based Supported Employment Projects, and Supported Employment State-Change Grants. Supported employment is competitive work in an integrated setting for individuals with severe disabilities for whom competitive work has not traditionally occurred and who, because of their disability, need on-going support services to perform such work.
For further information, including information on how to contact the vocational rehabilitation office nearest you, contact the Rehabilitation Services Administration, Mary E. Switzer Building, Room 3028, 330 C Street, SW, Washington, D.C. 20202, telephone (202) 732-1282 (voice) or (202) 732-1330 (TDD).
3) Projects with Industry (PWI) (Title VI of the Act)
PWI is a Federal Government/private industry initiative, involving corporations, labor organizations, trade associations, foundations, and voluntary agencies, that operate through a partnership with the rehabilitation community. The program creates, as well as expands, job opportunities for people with disabilities in the competitive labor market. As part of this program, training is provided for jobs in realistic work settings, generally within commercial or industrial establishments, coupled with supportive services to enhance pre- and post-employment success of people with disabilities in the marketplace.
There are one hundred and twenty-five federally funded PWI's, affiliated with more than 4,000 private corporations. Each project is required by law to have a Business Advisory Council that provides the mechanism for private sector business participation in policy-making for the project. This affords business and industry the opportunity to provide input into the design and character of training programs that are geared to existing job openings. PWI's can be a good starting point for meeting other business people in your locality who have experience in hiring, and a commitment to hiring, people with disabilities. To locate the closest PWI, contact the Inter-National Association of Business, Industry and Rehabilitation (I-NABIR) at P.O. Box 15242, Washington, D.C. 20003, telephone (202) 543-6353 (voice only), or the Rehabilitation Services Administration, Mary E. Switzer Building, Room 3028, 330 C Street, SW, Washington, D.C. 20202, (202) 732-1282 (voice) or (202) 732-1330 (TDD).
B. Programs administered by the National Institute on Disability and Rehabilitation Research
The National Institute on Disability and Rehabilitation Research administers the principal federal disability research programs, the Technology Related Assistance for Individuals with Disabilities Act, regional ADA technical assistance centers, and certain other ADA related activities described below.
Existing Programs
1) National Rehabilitation Information Center (NARIC)
NARIC is an information center and library on disability and rehabilitation. It collects and disseminates the results of federally funded research projects. Its collection includes commercially published books, journal articles, and audiovisual materials. It currently has more than 30,000 documents.
NARIC has information specialists who will perform searches for the inquirer. Information may be requested by calling (800) 346-2742 (voice or TDD) or (301) 588-9284 (voice or TDD) between the hours of 8 A.M. and 6 P.M. Eastern Standard Time on Monday through Friday. NARIC's address is National Rehabilitation Information Center, 8455 Colesville Road, Suite 935, Silver Spring, Maryland 20910.
2) Research and Training Centers
NIDRR funds 39 research and training centers specialized by subject matter and dispersed throughout the country. The R&T centers conduct applied research directed towards producing new knowledge in the disability and rehabilitation field that will improve rehabilitation services and promote the independent living of people with disabilities. Centers also develop and conduct related teaching and training programs to disseminate and speed the utilization of key findings.
Many of the centers focus on issues pertaining to particular disabilities. Other centers whose specialty areas may be of particular interest to the reader are:
Center on Enhancing Employability of Individuals with Handicaps
Center for Access to Rehabilitation and Economic Opportunity
Center on Rural Rehabilitation Services
Independent Living Research Utilization center
Center on Improving Supported Employment Outcomes for Individuals with Developmental and Other Severe Disabilities
Center on New Directions for Rehabilitation Facilities
Information on other R&T centers, as well as how to contact those listed above, may be obtained from the National Institute on Disability and Rehabilitation Research, U.S. Department of Education, 400 Maryland Avenue, SW, Washington, D.C. 20202-2572 (202) 732-1134 (voice) or (202) 732-5079 (TDD).
3) Technology Related Assistance for Individuals with Disabilities Act
NIDRR is funding the development of State programs and projects to provide technology-related assistance to persons with disabilities and to train service providers and people with disabilities in the application of assistive technology.
More information about these programs and projects may be obtained by contacting NIDRR at the address listed above or at (202) 732-5066 (voice) or (202) 732-5079 (TDD).
Proposed Programs Facilitating the Implementation of the ADA
Congress provided funds to NIDRR in 1991 to develop a technical assistance program to facilitate the implementation of the ADA. These funds will be used for the following three major programs, conducted under grants from NIDRR over a 5-year period, beginning in the fall of 1991;
4) Regional Disability and Business Accommodation Centers (RDBACs)
Ten regional centers will be established to provide a broad range of information, technical assistance, and training on the ADA to employers and other covered entities, people with disabilities, and other segments of the community. Technical assistance will focus on facilitating the effective implementation of the ADA, successful employment outcomes for individuals with disabilities, and greater accessibility in public accommodations.
5) National Peer Training Projects
These projects will be designed to enhance the capacity of persons with disabilities and their organizations to facilitate the implementation of the ADA. One project will provide training for local capacity-building in independent living centers providing services to individuals with disabilities. A second project will develop peer and family training networks.
6) Materials Development Projects
This project will develop, test, and distribute technical assistance and training materials to be used by individuals with disabilities, employers, service providers, the regional centers, and others who need to know about the ADA.
More information about these programs may be obtained by contacting the National Institute on Disability and Rehabilitation Research, Department of Education, 400 Maryland Avenue, SW, Switzer Building, Washington, D.C. 20202-2601, (202) 732-1134 (voice) or (202) 732-5079 (TDD).
II. Work Incentive Programs for People with Disabilities
Social Security Administration, Department of Health and Human Services
These programs are intended to provide individuals with disabilities who are beneficiaries of two programs---the Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) programs---supports they need to move from benefit dependency to self sufficiency. Work incentives are intended to help beneficiaries enter or reenter the workforce by protecting their entitlement to cash payments and/or Medicaid or Medicare protection until they can support themselves.
Among the work incentives available to either SSDI or SSI recipients, or both, are:
- impairment-related work expenses
- trial work period
- extended period of eligibility
- continuation of Medicare coverage
- Medicare for people with disabilities who work
- earned income exclusion
- student earned income exclusion
- blind work expenses
- plan for achieving self-support
- property essential to self-support
- section 1619 work incentives
For more information about these programs, contact the Program Management Branch, Social Security Administration, 3R1 Operations Building, 6401 Security Boulevard, Baltimore, Maryland 21235 (301) 965-9864 (voice only).
III. Developmental Disabilities Assistance and Bill of Rights Act
Administration on Developmental Disabilities, Department of Health and Human Services
This legislation supports the development and coordination of programs and services promoting the independence, productivity, community integration, and protection of the rights of persons of all ages with developmental disabilities.
A developmental disability is defined as a severe, chronic disability attributable to a mental or physical impairment, or combination of both, that is manifested before age 22; is likely to continue indefinitely; results in substantial limitations in three or more of the following areas of major life activity: self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, and economic self-sufficiency; and results in the need for individually planned and coordinated services lifelong or over an extended period of time.
One program authorized under the Act is the Protection and Advocacy Program, which provides for the protection and advocacy of the individual rights of all persons with developmental disabilities who are, or may be, eligible for treatment, services or habilitation, or who are being considered for a change in living arrangments. The Protection and Advocacy agencies (P&A's) are also extensively involved in training and education activities for persons with developmental disabilities and their families, and in public information and awareness efforts. They will be involved in protecting the rights of individuals with developmental disabilities covered under the Americans with Disabilities Act.
For more information about Developmental Disabilities Act programs, including how to locate the nearest P&A agency, contact the Administration on Developmental Disabilities, Program Operations Division, 200 Independence Avenue SW, Room 329D, Washington, D.C. 20201 (202) 245-2897 (voice) or (202) 245-2890 (TDD).
IV. Job Training Partnership Act
Office of Employment and Training Programs, Department of Labor
The Job Training Partnership Act authorizes programs that train and place "economically disadvantaged" persons in the work force through joint public-private sector initiatives. Each State has a State Job Training Coordinating Council and one or more Private Industry Councils at the local level which administer the program. JTPA is the largest federal job placement and training program.
The program is not targeted specifically to individuals with disabilities, but individuals with disabilities who meet the income criteria are eligible for services. In addition, up to 10 percent of JTPA service recipients may be individuals who are not economically disadvantaged within the meaning of the statute but who have encountered barriers to employment; this group includes "individuals with handicaps." The Act defines a "handicapped individual" as any individual who has a mental or physical disability that contitutes or results in a substantial handicap to employment.
For the most part, JTPA funds benefiting persons with disabilities have been used to place persons with mild and moderate disabilities in community jobs.
For more information on this program, contact the Office of Employment and Training Programs, Department of Labor, 200 Constitution Avenue NW, Room N4709, Washington, D.C. 20210, (202) 535-0580 (voice only).