LAWS RELATED TO DISABILITY RIGHTS

1. Americans with Disabilities Act

2. Equal Employment and Opportunity Commission (EEOC)

3. Fair Labor Standards Act (FLSA)

4. Sections 501/502/504 of the Vocational Rehabilitation Act of 1973

5. Individuals with Disabilities Education Act (IDEA)

6. Vocational Rehabilitation’s Individualized Plan of Employment (IPE)

7. Carl Perkins Act

8. Person-centered planning

9. Family Rights Privacy Act

10. Adult status at age 18

11. OSHA

1. Americans with Disabilities Act (ADA)

The ADA prohibits discrimination on the basis of disability in employment, State and local government,

public accommodations, commercial facilities, transportation, and telecommunications. It also applies to the

United States Congress.

To be protected by the ADA, one must have a disability or have a relationship or association with an

individual with 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, a person who has a

history or record of such an impairment, 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.

2. Equal Employment and Opportunity Commission (EEOC)

The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws

that make it illegal to discriminate against a job applicant or an employee because of the person's race,

color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic

information. It is also illegal to discriminate against a person because the person complained about

discrimination, filed a charge of discrimination, or participated in an employment discrimination

investigation or lawsuit.

Most employers with at least 15 employees are covered by EEOC laws (20 employees in age

discrimination cases). Most labor unions and employment agencies are also covered.

The laws apply to all types of work situations, including hiring, firing, promotions, harassment, training,

wages, and benefits.

3. Fair Labor Standards Act (FLSA)

The FLSA establishes minimum wage, overtime pay, recordkeeping, and youth employment standards

affecting employees in the private sector and in Federal, State, and local governments. Covered nonexempt

workers are entitled to a minimum wage of not less than $7.25 per hour effective July 24, 2009. Overtime

pay at a rate not less than one and one-half times the regular rate of pay is required after 40 hours of work in

a workweek.

4. Rehabilitation Act

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

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 503

Section 503 requires affirmative action and prohibits employment discrimination by Federal government

contractors and subcontractors with contracts of more than $10,000. For more information on section 503,

contact:

Office of Federal Contract Compliance Programs

U.S. Department of Labor

200 Constitution Avenue, N.W.

Room C-3325

Washington, D.C. 20210

www.dol.gov/esa/ofccp

(202) 693-0106 (voice/relay)

Section 504

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.

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 through private lawsuits. It is not necessary to file a complaint

with a Federal agency or to receive a "right-to-sue" letter before going to court.

5. Individuals with Disabilities Education Act (IDEA)

The Individuals with Disabilities Education Act (IDEA) 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 State agency's decision to State or

Federal court. For more information, contact:

Office of Special Education and Rehabilitative Services

U.S. Department of Education

400 Maryland Avenue, S.W.

Washington, D.C. 20202-7100

6. Vocational Rehabilitation’s Individualized Plan of Employment (IPE)

The Individualized Plan for Employment (IPE) is a written plan outlining an individual's vocational goal,

and the services to be provided to reach the goal.

The IPE formalizes the planning process through which the vocational goal, service delivery and time

frames for service delivery are determined. The IPE identifies the individual's employment objective,

consistent with their unique strengths, resources, priorities, concerns, abilities and capabilities and provides

a plan for monitoring progress toward achievement of the goal.

Through the IPE, individuals are informed of their rights and responsibilities in the rehabilitation process.

The individual's involvement in developing the plan is reflected throughout the IPE. Consistent with the

principle stated above, the IPE must be jointly developed, agreed upon and signed by the consumer and the

counselor.

7. Carl Perkins Act

The Carl D. Perkins Vocational and Technical Education Act was first authorized by the federal government

in 1984 and reauthorized in 1998. Named for Carl D. Perkins, the act aims to increase the quality of technical

education within the United States in order to help the economy.

On August 12, 2006 President George W Bush signed into law the reauthorization of the Act of 1998. The

new law, the Carl D. Perkins Career and Technical Education Improvement Act of 2006, was passed almost

unanimously by Congress in late July, 2006.

The new law includes three major areas of revision:

1) Using the term "career and technical education" instead of "vocational education"

2) Maintaining the Tech Prep program as a separate federal funding stream within the legislation

3) Maintaining state administrative funding at 5 percent of a state’s allocation

The new law also includes new requirements for “programs of study” that link academic and technical

content across secondary and postsecondary education, and strengthened local accountability provisions that

will ensure continuous program improvement.

The Perkins Act provides almost $1.3 billion in federal support for career and technical education programs

in all 50 States, including support for integrated career pathways programs.[1] The law will extend through

2012.

8. Person-centered planning

Person Centered Planning is an ongoing problem-solving process used to help people with disabilities plan

for their future. In person centered planning, groups of people focus on an individual and that person's vision

of what they would like to do in the future. This "person-centered" team meets to identify opportunities for

the focus person to develop personal relationships, participate in their community, increase control over their

own lives, and develop the skills and abilities needed to achieve these goals. Person Centered Planning

depends on the commitment of a team of individuals who care about the focus person. These individuals take

action to make sure that the strategies discussed in planning meetings are implemented.

9. Family Rights Privacy Act

The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal

law that protects the privacy of student education records. The law applies to all schools that receive funds

under an applicable program of the U.S. Department of Education.

FERPA gives parents certain rights with respect to their children's education records. These rights transfer to

the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to

whom the rights have transferred are "eligible students."

Parents or eligible students have the right to inspect and review the student's education records

maintained by the school. Schools are not required to provide copies of records unless, for reasons such as

great distance, it is impossible for parents or eligible students to review the records. Schools may charge a fee

for copies.

Parents or eligible students have the right to request that a school correct records which they believe to

be inaccurate or misleading. If the school decides not to amend the record, the parent or eligible student then

has the right to a formal hearing. After the hearing, if the school still decides not to amend the record, the

parent or eligible student has the right to place a statement with the record setting forth his or her view about

the contested information.

Generally, schools must have written permission from the parent or eligible student in order to release

any information from a student's education record. However, FERPA allows schools to disclose those

records, without consent, to the following parties or under the following conditions (34 CFR § 99.31):

o School officials with legitimate educational interest;

o Other schools to which a student is transferring;

o Specified officials for audit or evaluation purposes;

o Appropriate parties in connection with financial aid to a student;

o Organizations conducting certain studies for or on behalf of the school;

o Accrediting organizations;

o To comply with a judicial order or lawfully issued subpoena;

o Appropriate officials in cases of health and safety emergencies; and

o State and local authorities, within a juvenile justice system, pursuant to specific State law.

Schools may disclose, without consent, "directory" information such as a student's name, address, telephone

number, date and place of birth, honors and awards, and dates of attendance. However, schools must tell

parents and eligible students about directory information and allow parents and eligible students a reasonable

amount of time to request that the school not disclose directory information about them. Schools must notify

parents and eligible students annually of their rights under FERPA. The actual means of notification (special

letter, inclusion in a PTA bulletin, student handbook, or newspaper article) is left to the discretion of each

school.

10. Adult status at age 18

Turning 18: When a child reaches the age of 18, they become a full legal adult in most US localities. That

may not be the case in overseas environments where the age for acquiring adult status under another

country’s jurisdiction may differ significantly.

In any event, those turning 18:

Need to be encouraged to register to vote in U.S. local, state and federal elections.

Can join the military, receive medical care, get married, and receive a number of other adult privileges

and responsibilities without parental consent.

Need to be reminded, if they are male, to register for the Selective Service.

Some "dependent" status remains, at least in the context of the Federal Government. Children retain the

status of eligible family member (EMF) until they turn 21. They would still be eligible to work in a job

designated for EMFs at an overseas mission. They will still be on parents' travel orders, covered by their

health insurance, and the medical services of the embassy or consulate health unit, and be eligible for

evacuation for either medical or security reasons.

11. OSHA

Occupational Safety and Health Administration, a federal agency of the United States that regulates

workplace safety and health