Legislation & Court Cases
Disability Laws
(Weidenthal, 1990)
IDEA—the Individuals with Disabilities Education Act
IDEA, the Individual with Disabilities Education Act, is our nation’s special education law. The IDEA guides how states, school districts, 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. NCLB—No Child Left Behind Act The No Child Left Behind (NCLB) Act, Public Law (PL) 107-110, is the nation’s latest general education law. It amends the Elementary and Secondary Education Act (ESEA) and has brought sweeping changes to our educational systems. What does the law require, what does it change about education, how are states responding, and what does the law mean for children with disabilities? Section 504 of the Rehabilitation Act Before there was IDEA, there was the Rehabilitation Act of 1973, a civil rights law that prohibits discrimination on the basis of disability. Section 504 of this Act continues to play an important role in education, especially for students with disabilities who may not qualify for special education services under IDEA. Education for All Handicapped Children Act In 1975, the Education for All Handicapped Children Act was created in an effort to ensure millions with disabilities have access to a free and appropriate education (FAPE). As a result, children are allowed to have an Individualized Education Program (IEP) that is designed specifically for their needs, as well as a setting in the least restrictive environment that allows students to gain the greatest benefit possible. Parents are encouraged to actively participate in their children's education and are provided with the right to due process to challenge disability programs in hearings (University of Michigan). Americans with Disabilities Act – The ADA Passed by the Congress and signed into law by the President in July 1990, the ADA is the first comprehensive declaration of equality for people with disabilities. The ADA protects the civil rights of people with disabilities in all aspects of employment, in accessing public services such as transportation, and guaranteeing access to public accommodations such as restaurants, stores, hotels and other types of buildings to which the public has access. Assistive Technology Act Assistive technology can greatly improve the access and function of people with disabilities in school, work, home, and community. The Assistive Technology Act is intended to ensure that people with disabilities have access to assistive technology devices and services. Find your state’s AT program! Fair Housing Act 42 U.S.C. Sec. 3601 et seq. This law, as amended by the Fair Housing Amendments Act of 1988, prohibits discrimination on the basis of disability in matters relating to housing, requires reasonable accommodations to the needs of people with disabilities and establishes construction standards for accessible multifamily housing built for first occupancy after March 13,1991. The amendments also added considerable enforcement provisions which can be potent weapons in combatting housing discrimination. The Department of Housing and Urban Development ("HUD") issued pertinent regulations amending various parts of 24 C.F.R. in the Federal Register of January 23,1989 (pages 3232-3317); see 24 C.F.R. Parts 14,100,103, 104,105, 106,109, 110,115,121 (1990). Affirmative Action Section 503 of the Federal Rehabilitation Act requires employers with Federal contracts of $2500 or more annually (for services, supplies, use of real property, etc.) to take affirmative action to employ and promote qualified people with disabilities at all levels. Affirmative action applies to all aspects of employment. The employer also must continue advising employees of the employer's duty to comply with the law. Employers of 50 or more and contracts of $50,000 or more must have a written affirmative action plan and designate responsible employees to carry it out. 41 C.F.R. Secs. 60-741.4 through .6. Of course, Federal contractors are also recipients of Federal funds and so are covered under Sec. 504 as well. Federal agencies have affirmative action obligations to their employees under Sec. 501. See also Vietnam Era Veterans' Readjustment Assistance Act, Sec. 402, 38 U.S.C. Sec. 2011 et seq. |
Court Cases
Brown vs. Board of Education
(1954) Supreme Court ruled unanimously to end "separate but equal" education for students.
As a result, all students with speech and language impairments have a right to an education in the same setting as their peers without impairments.
Daniel Stephen vs. Chesterfield County School Board - Apraxia
T.O. and K.O. vs. Summit Board of Education - Apraxia
Veteran Entitlement Appeal - Dysarthria
(1954) Supreme Court ruled unanimously to end "separate but equal" education for students.
As a result, all students with speech and language impairments have a right to an education in the same setting as their peers without impairments.
Daniel Stephen vs. Chesterfield County School Board - Apraxia
T.O. and K.O. vs. Summit Board of Education - Apraxia
Veteran Entitlement Appeal - Dysarthria