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Disability LEGISLATION
What do pancakes have to do with it?
Rehabilitation Act of 1973
Section 504: No handicapped individual shall be excluded from participation, be denied benefits of, or
subjected to discrimination under any program receiving federal funding.
Rehabilitation Act, cont.
Does this legislation sound familiar?
Also called Equal Opportunity Act that seeks to prevent discrimination for people with disabilities
In short, any facility or activity funded by the federal government must be made available and accessible to those
with impairments.. Broader definition of disability than subsequent legislation
Rehabilitation Act, cont.
Extends as well to state, county and
municipal levels
Applies also to private universities and colleges who almost all depend upon public funds for building and financial
aid
Enforcement is the responsibility of the OCR
Does not provide funding for services
New update for section 504 (Winter, 2013)
A school district is required to provide a qualified student with a disability an opportunity to benefit from the
school districts program equal to that of students without disabilities, according to the Education Department.
Districts must aord qualified students with disabilities an equal opportunity for participation in extracurricular
athletics.
If students cant participate in mainstream athletics, districts should then oer separate programs, such as
wheelchair basketball or tennis, the government said.
It will do for kids with disabilities what Title IX did for women. (NY Times, Jan. 23, 2013)
NPR: Playgrounds
Education for all Handicapped Children Act of 1975
Also known as PL 94-142
Key words in this legislation: free, appropriate, non-discriminatory education in the least restrictive environment
(LRE) for ages 3-18
Updated in 1990 to include 0-21

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Updated in 1990 to include 0-21

Updated version called IDEA (Individuals with Disabilities Education Act), using language of disability rather than
handicap
Most sweeping landmark educational legislation for kids with disabilities in the 20th century!
Funding provided by Federal Government for those who qualify
Dierences between Section 504 and IDEA
Primary focus of Section 504 is to remove barriers
Primary focus of IDEA is to create programs to meet the needs of children with disabilities in the school
environment
Section 504 has a broader category of disability than IDEA
Section 504 does not require funding, whereas IDEA legislation does include funding from the federal government.
IDEA, cont.
Major revisions continue to occur
Strengthened academic accountability for children with disabilities to bridge the gap between special education
and regular education
Financial incentives for education in separate classes were removed to encourage use of the regular classroom.
Regular teachers included in the IEP team.
IEP stands for Individualized Education Program
Improve training for teachers working with children with disabilities
Reduce over-identification of minority students
LRE
When 2 or more educational settings are available, the child should be placed in as normal a setting as possible
Placement is based on two criteria:
Individual abilities matched to services
Individual freedom preserved (to be in regular classroom if goals can be met)
Inclusion Philosophy
Placement of a student with a disability, even a severe disability, into regular classes with peers in a neighborhood
school.
Not as a guest who must earn the right
Involves bringing support services to the student, rather than assigning the student to the appropriate support
services
History of LRE approaches
Initially based on a philosophy of upward mobility

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Involves bringing support services to the student, rather than assigning the student to the appropriate support
services
History of LRE approaches
Initially based on a philosophy of upward mobility
Assumption was that the student must conform to expectations of whichever level they take part in
In short, they were perceived as a guest, earning their right to a particular environment by possessing the
necessary skills and abilities
21st century LRE approach assumes that the regular classroom is THE least restrictive environment and cause
must be shown to put students in an alternative setting. It should be the default setting in todays schools.
In reality, many schools still use the separate classroom to educate children with disabilities.
NPR SEgment: Special Ed
Foundations for Legislation
Civil Rts. Movement
Courts ruled that separate but equal was not constitutional in Brown vs. Board of Education
As a nation, this principle opened the discussion for other marginalized groups
5th and 14th Amendments
Both guarantee that citizens cannot be deprived of life, liberty, and property without due process
Due process guarantees fair and impartial procedures when rights are being threatened
5th Amendment covers the Federal Government; 14th covers individual states
Do the 5th and 14th Amendments Support Inclusion?
Supporters of inclusion say that the regular classroom is the least restrictive environment for all children and not
providing this environment restricts rights without due process
Inclusion, cont
To further complicate matters, parents find themselves on both sides of the issue of where to best educate
children
Some parents feel that having their child in the regular classroom is infringing on their rights because special
services that were before available are no longer available
What about the children who are not disabled? Are their rights being honored?
Americans with Disabilities Act
Passed in 1990
Intended to end discrimination and bring people with disabilities into the mainstream of American life
The ADA is heralded as a landmark law that will do for persons with disabilities what the Civil Rights Act did for

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Intended to end discrimination and bring people with disabilities into the mainstream of American life
The ADA is heralded as a landmark law that will do for persons with disabilities what the Civil Rights Act did for
persons of color (Block, 1995).
Goes beyond the receiving government aid criteria
Both public and private sector must comply with nondiscriminatory practices
Signing of ADA
ADA, cont.
Biggest change is in the private sector
Reasonable accommodation
Businesses (with 15 or more employees) must now:
-make readily available existing facilities
-equipment, devices, training materials, etc. must be modified or acquired to insure success on the job
Enforced by fines and/or loss of funding
ADA, cont.
The following 5 areas were targeted regarding accessibility:
Employment
State and city run oces and programs: courts, schools, jails, pools, golf courses, etc.
Transportation
Places of public accommodation (privately owned) : theaters, restaurants, banks, museums, hotels, private
schools, fitness centers, doctors oces, etc.
Telecommunication
ADA, cont.
Diculty because the law is continually being defined in the courts
What constitutes a disability?
1) physical or mental impairment that substantially limits one or more major life activity
2) has a record of
3) discriminated against for a condition, whether or not the impairment truly limits one or more major life
activity
ADA Amendments Act: passed 9/08 to widen interpretation of disability
The music within
Olympic and Amateur Sports Act of 1998
Charge to the USOC to prepare elite athletes, including those with disabilities
Includes funding, training facilities, coaching

Charge to the USOC to prepare elite athletes, including those with disabilities
Includes funding, training facilities, coaching
Mandates committee representation for athletes with disabilities, providing recommendations to the USOC and
amateur sport organizations
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Olympic and Amateur Sports Act of 1998

Incorporates Paralympics and strives for equal status for athletes with disabilities
Paralympics: Follows
regular Olympics, using the
same facilities
~ 22 Summer sports
~ 4 Winter sports
Paralympics cont,
Pictures from Athens 2004:
Paralympics cont,
Images
mage: http://www.bloomberg.com/news/2013-01-25/obama-orders-schoolshttp://www.visualphotos.com/photo/1x7894368/
disabled_children_in_wheelchairs__playing_on_a_specially_constructed_playground_structure_with_acce_F76-695
312.jpg