Several pieces of federal legislation cover various aspects on the rights of students (and adults) with disabilities. Summaries of portions of these acts are given below in order to have immediate access to appeal when reason fails.
The ADA prohibits discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications.
To be protected by the ADA, one must have a disability. An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, or a person who is perceived by others as having such an impairment. The ADA does not specifically name all of the impairments that are covered.
Title I covers all activities of State and local governments regardless of the governmental entity's size or receipt of Federal funding. Title I requires that State and local governments give persons with disabilities an equal opportunity to benefit from all of their programs, services, and activities (e.g. pubic education, employment, transportation, recreation, health care, social services, courts, voting, and town meetings).
State and local governments are required to follow specific architectural standards in the new construction and alteration of their buildings. They also must relocate programs or otherwise provide access in inaccessible older buildings, and communicate effectively with people who have hearing, vision, or speech disabilities. Public entities are not repuired to take actions that would result in undue financial and administrative burdens. They are required to make reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination, unless they can demonstrate that doing so would fundamentally alter the nature of the service, program, or activity being provided.
Complaints of title I violations may be filed with the Department of Justice within 180 days of the date of discrimination. In certain situations, cases may be referred to a mediation program sponsored by the Department. The Department may bring a lawsuit where it has investigated a matter and has been unable to resolve violations. For more information or to file a complaint, contact:
Title I may also be enforced through private lawsuits in Federal court. It is not necessary to file a complaint with the Department of Justice (DOJ) or any other Federal agency, or to receive a "right-to-sue" letter, before going to court.
The Individuals with Disabilities Education Act (IDEA) (formerly called P.L. 94-142 or the Education for all Handicapped Children Act of 1975) requires public schools to make available to all eligible children with disabilities a free appropriate public education in the least restrictive environment appropriate to their individual needs.
IDEA requires public school systems to develop appropriate Individualized Education Programs (IEP's) for each child. The specific special education and related services outlined in each IEP reflect the individualized needs of each student.
IDEA also mandates that particular procedures be followed in the development of the IEP. Each student's IEP must be developed by a team of knowledgeable persons and must be at least reviewed annually. The team includes the child's teacher; the parents, subject to certain limited exceptions; the child, if determined appropriate; an agency representative who is qualified to provide or supervise the provision of special education; and other individuals at the parents' or agency's discretion.
If parents disagree with the proposed IEP, they can request a due process hearing and a review from the State educational agency, if applicable, in that state. They also can appeal the decision of the State Agency to State or Federal court. For more information, contact:
The Rehabilitation Act prohibits discrimination on the basis of disability in programs conducted by Federal agencies, in programs receiving Federal financial assistance (most colleges and Universities), and Federal contractors. The standards for determining employment discrimination under the Rehabilitation Act are the same as those used in 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.
Section 504 states that "no qualified individual with a disability in the United States shall be excluded from, denied benefits of, or be subjected to discrimination under" any program or activity that either received Federal financial assistance or is conducted by any Executive agency or the United States Postal Service.
Each Federal agency has its own set of section 504 regulations that apply to its own programs. Agencies that provide Federal financial assistance also have section 504 regulations covering entities that receive Federal aid. Requirements common to these regulations include reasonable accommodation for employees with disabilities; program accessibility; effective communication with people who have hearing or vision disabilities; and accessible new construction and alterations. Each agency is responsible for enforcing its own regulations. Section 504 may also be enforced with a Federal agency or to receive a "right-to-sue" letter before going to court.
For information on how to file 504 complaints with the appropriate agency, contact:
The Architectural Barriers Act (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. They do not address the activities conducted in those buildings and facilities. Facilities of the U.S. Postal Service are covered by the ABA. For more information or to file a complaint, contact:
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Last updated: April 26, 2005 |
 Web Master Ed Keller |
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