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This Act helps set the stage for children/people with a disability to have their first voice in what happens in  their future.  The law helped set the stage in public education for assistive technology.  Section 504 of the Rehabilitation states that  "No individual with a disability in the United States (shall) be excluded from participation in, be denied the benefits of,or be subjected to discrimination under any program or activity receiving Federal financial assistance" solely by reason of her or his handicap The law is on their side to help them live a more independent life if possible.
Congress finds that-

(1) millions of Americans have one or more physical or mental disabilities and the number of Americans with such disabilities is increasing;

(2) individuals with disabilities constitute one of the most disadvantaged groups in society;

(3) disability is a natural part of the human experience and in no way diminishes the right of individuals to-

(A) live independently;

(B) enjoy self-determination;

(C) make choices;

(D) contribute to society;

(E) pursue meaningful careers; and

(F) enjoy full inclusion and integration in the economic, political, social, cultural, and educational mainstream of American society;

(4) increased employment of individuals with disabilities can be achieved through implementation of statewide workforce development systems defined in section 3102 of this title that provide meaningful and effective participation for individuals with disabilities in workforce investment activities and activities carried out under the vocational rehabilitation program established under sub-chapter I, and through the provision of independent living services, support services, and meaningful opportunities for employment in integrated work settings through the provision of reasonable accommodations;

(5) individuals with disabilities continually encounter various forms of discrimination in such critical areas as employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and public services;

(6) the goals of the Nation properly include the goal of providing individuals with disabilities with the tools necessary to-

(A) make informed choices and decisions; and

(B) achieve equality of opportunity, full inclusion and integration in society, employment, independent living, and economic and social self-sufficiency, for such individuals; and

(7)(A) a high proportion of students with disabilities is leaving secondary education without being employed in competitive integrated employment, or being enrolled in post-secondary education; and

(B) there is a substantial need to support such students as they transition from school to post-secondary life.

Source:

Dell,A.,Newton,D., Petroff, J. (2017). Assistive Technology in the classroom

(title:29%20section:701%20edition:prelim) m: enhancing the school experience of students with disabilities (3rd ed.). Pearson
[USC02] 29 USC 701: Findings; purpose; policy. (n.d.). Retrieved June 15, 2020, from https://uscode.house.gov/view.xhtml?req=(title:29%20section:701%20edition:prelim)

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§701. Findings; purpose; policy

(a) Findings

Congress finds that-

(1) millions of Americans have one or more physical or mental disabilities and the number of Americans with such disabilities is increasing;

(2) individuals with disabilities constitute one of the most disadvantaged groups in society;

(3) disability is a natural part of the human experience and in no way diminishes the right of individuals to-

(A) live independently;

(B) enjoy self-determination;

(C) make choices;

(D) contribute to society;

(E) pursue meaningful careers; and

(F) enjoy full inclusion and integration in the economic, political, social, cultural, and educational mainstream of American society;

(4) increased employment of individuals with disabilities can be achieved through implementation of statewide workforce development systems defined in section 3102 of this title that provide meaningful and effective participation for individuals with disabilities in workforce investment activities and activities carried out under the vocational rehabilitation program established under subchapter I, and through the provision of independent living services, support services, and meaningful opportunities for employment in integrated work settings through the provision of reasonable accommodations;

(5) individuals with disabilities continually encounter various forms of discrimination in such critical areas as employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and public services;

(6) the goals of the Nation properly include the goal of providing individuals with disabilities with the tools necessary to-

(A) make informed choices and decisions; and

(B) achieve equality of opportunity, full inclusion and integration in society, employment, independent living, and economic and social self-sufficiency, for such individuals; and

(7)(A) a high proportion of students with disabilities is leaving secondary education without being employed in competitive integrated employment, or being enrolled in postsecondary education; and

(B) there is a substantial need to support such students as they transition from school to postsecondary life.

(b) Purpose

The purposes of this chapter are-

(1) to empower individuals with disabilities to maximize employment, economic self-sufficiency, independence, and inclusion and integration into society, through-

(A) statewide workforce development systems defined in section 3102 of this title that include, as integral components, comprehensive and coordinated state-of-the-art programs of vocational rehabilitation;

(B) independent living centers and services;

(C) research;

(D) training;

(E) demonstration projects; and

(F) the guarantee of equal opportunity;

(2) to maximize opportunities for individuals with disabilities, including individuals with significant disabilities, for competitive integrated employment;

(3) to ensure that the Federal Government plays a leadership role in promoting the employment of individuals with disabilities, especially individuals with significant disabilities, and in assisting States and providers of services in fulfilling the aspirations of such individuals with disabilities for meaningful and gainful employment and independent living;

(4) to increase employment opportunities and employment outcomes for individuals with disabilities, including through encouraging meaningful input by employers and vocational rehabilitation service providers on successful and prospective employment and placement strategies; and

(5) to ensure, to the greatest extent possible, that youth with disabilities and students with disabilities who are transitioning from receipt of special education services under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) and receipt of services under section 794 of this title have opportunities for postsecondary success.

(c) Policy

It is the policy of the United States that all programs, projects, and activities receiving assistance under this chapter shall be carried out in a manner consistent with the principles of-

(1) respect for individual dignity, personal responsibility, self-determination, and pursuit of meaningful careers, based on informed choice, of individuals with disabilities;

(2) respect for the privacy, rights, and equal access (including the use of accessible formats), of the individuals;

(3) inclusion, integration, and full participation of the individuals;

(4) support for the involvement of an individual's representative if an individual with a disability requests, desires, or needs such support; and

(5) support for individual and systemic advocacy and community involvement.

( Pub. L. 93-112, §2, as added Pub. L. 105-220, title IV, §403, Aug. 7, 1998, 112 Stat. 1095; amended Pub. L. 105-277, div. A, §101(f) [title VIII, §402(b)(2)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-413; Pub. L. 113-128, title IV, §402, July 22, 2014, 128 Stat. 1631.)

References in Text

Prior Provisions

A prior section 701, Pub. L. 93-112, §2, Sept. 26, 1973, 87 Stat. 357; Pub. L. 95-602, title I, §122(a)(1), Nov. 6, 1978, 92 Stat. 2984; Pub. L. 99-506, title I, §101, Oct. 21, 1986, 100 Stat. 1808; Pub. L. 102-569, title I, §101, Oct. 29, 1992, 106 Stat. 4346, related to findings, purpose, and policy, prior to repeal by Pub. L. 105-220, title IV, §403, Aug. 7, 1998, 112 Stat. 1093.

Amendments

2014-Subsec. (a)(4). Pub. L. 113-128, §402(a)(1), substituted "workforce development systems defined in section 3102 of this title" for "workforce investment systems under title I of the Workforce Investment Act of 1998".

Subsec. (a)(7). Pub. L. 113-128, §402(a)(2)-(4), added par. (7).

Subsec. (b)(1)(A). Pub. L. 113-128, §402(b)(1)(A), substituted "workforce development systems defined in section 3102 of this title" for "workforce investment systems implemented in accordance with title I of the Workforce Investment Act of 1998".

Subsec. (b)(2) to (5). Pub. L. 113-128, §402(b)(1)(B), (2)-(5), added par. (2), redesignated former par. (2) as (3), and added pars. (4) and (5).

1998- Pub. L. 105-277 made technical amendment in original to section designation and catchline.

Short Title of 2010 Amendment

Pub. L. 111-213, §1, July 29, 2010, 124 Stat. 2343, provided that: "This Act [enacting provisions set out as notes under sections 796f-1 and 796f-2 of this title] may be cited as the 'Independent Living Centers Technical Adjustment Act'."

Short Title of 1998 Amendment

Pub. L. 105-220, title IV, §401, Aug. 7, 1998, 112 Stat. 1092, provided that title IV of Pub. L. 105-220 could be cited as the "Rehabilitation Act Amendments of 1998", prior to repeal by Pub. L. 113-128, title V, §511(a), July 22, 2014, 128 Stat. 1705.

Short Title of 1993 Amendment

Pub. L. 103-73, §1, Aug. 11, 1993, 107 Stat. 718, provided that: "This Act [enacting sections 753 and 753a of this title, amending sections 706, 718 to 718b, 721 to 723, 725, 730 to 732, 744, 761a, 762, 771a, 777, 777a, 777f, 783, 791, 792, 794e, 795l, 796, 796c, 796d to 796e-2, 796f to 796f-4, and 796k of this title, sections 1431, 4301 to 4305, 4331, 4332, 4351, 4353 to 4357, 4359, 4359a, and 4360 of Title 20, Education, and section 46 of Title 41, Public Contracts, enacting provisions set out as notes under section 725 of this title and section 4301 of Title 20, and amending provisions set out as a note under this section] may be cited as the 'Rehabilitation Act Amendments of 1993'."

Short Title of 1992 Amendment

Pub. L. 102-569, §1(a), Oct. 29, 1992, 106 Stat. 4344, provided that: "This Act [see Tables for classification] may be cited as the 'Rehabilitation Act Amendments of 1992'."

Short Title of 1991 Amendment

Short Title of 1986 Amendment

Pub. L. 99-506, §1(a), Oct. 21, 1986, 100 Stat. 1807, provided that: "This Act [enacting sections 716, 717, 752, 794d, 795j to 795q, and 796d-1 of this title and section 2000d-7 of Title 42, The Public Health and Welfare, amending this section and sections 702, 705, 706, 711 to 715, 720 to 724, 730 to 732, 740, 741, 750, 751, 760 to 761b, 762, 762a, 770 to 777b, 777f, 780, 781, 783, 785, 791 to 794, 794c, 795, 795d to 795i, 796a, 796b, 796d to 796i, and 1904 of this title, and section 155a of former Title 36, Patriotic Societies and Observances, repealing section 751 of this title, and enacting provisions set out as notes under this section and sections 706, 730, 761a, and 795m of this title and section 1414 of Title 20, Education] may be cited as the 'Rehabilitation Act Amendments of 1986'."

Short Title of 1984 Amendment

Pub. L. 98-221, §1, Feb. 22, 1984, 98 Stat. 17, provided: "That this Act [enacting sections 780a and 1901 to 1906 of this title, amending sections 706, 712 to 714, 720 to 722, 730, 732, 741, 761 to 762a, 771, 772, 774, 775, 777, 777a, 777f, 780, 781, 783, 791, 792, 794c, 795a, 795c, 795f, 795g, 795i, 796e, and 796i of this title and sections 6001, 6012, 6033, 6061, and 6081 of Title 42, The Public Health and Welfare, repealing section 777c of this title, enacting provisions set out as a note under section 1901 of this title and amending provisions set out as a note under section 713 of this title] may be cited as the 'Rehabilitation Amendments of 1984'."

Short Title of 1978 Amendment

Pub. L. 95-602, §1, Nov. 6, 1978, 92 Stat. 2955, provided that: "This Act [enacting sections 710 to 715, 751, 761a, 761b, 762a, 775, 777 to 777f, 780 to 785, 794a to 794c, 795 to 795i, and 796 to 796i of this title and section 6000 of Title 42, The Public Health and Welfare, amending this section, sections 702, 706, 709, 720 to 724, 730 to 732, 740, 741, 750, 760 to 762, 770 to 774, 776, and 792 to 794 of this title, section 1904 [now 3904] of Title 38, Veterans' Benefits, and sections 6001, 6008 to 6012, 6031 to 6033, 6061 to 6065, 6067, 6081, and 6862 of Title 42, repealing sections 764, 786, and 787 of this title and section 6007 of Title 42, omitting sections 6041 to 6043 of Title 42, enacting provisions set out as notes under sections 713 and 795 of this title and sections 6000 and 6001 of Title 42, and repealing a provision set out as a note under section 6001 of Title 42] may be cited as the 'Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978'."

Short Title of 1976 Amendment

Short Title of 1974 Amendment

An identical provision is contained in Pub. L. 93-651, title I, §100, Nov. 21, 1974, 89 Stat. 2-3.

Short Title

Pub. L. 93-112, §1(a), as added by Pub. L. 105-220, title IV, §403, Aug. 7, 1998, 112 Stat. 1093, and amended by Pub. L. 105-277, div. A, §101(f) [title VIII, §402(b)(1)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-412, provided that: "This Act [enacting this chapter] may be cited as the 'Rehabilitation Act of 1973'."

Pub. L. 93-112, title VI, §601, as added by Pub. L. 105-220, title IV, §409, Aug. 7, 1998, 112 Stat. 1210, provided that: "This title [enacting subchapter VI of this chapter] may be cited as the 'Employment Opportunities for Individuals With Disabilities Act'."

Pub. L. 93-112, §1, Sept. 26, 1973, 87 Stat. 355, provided in part that Pub. L. 93-112, which enacted this chapter and repealed sections 31 to 41c and 42-1 to 42b of this title, could be cited as the "Rehabilitation Act of 1973", prior to repeal by Pub. L. 105-220, title IV, §403, Aug. 7, 1998, 112 Stat. 1093.

Pub. L. 93-112, title VI, §601, as added by Pub. L. 95-602, title II, §201, Nov. 6, 1978, 92 Stat. 2989, and amended by Pub. L. 102-569, title I, §102(p)(34), Oct. 29, 1992, 106 Stat. 4360, provided that title VI of Pub. L. 93-112, enacting former subchapter VI of this chapter, could be cited as the "Employment Opportunities for Handicapped Individuals Act", prior to the general amendment of title VI of Pub. L. 93-112 by Pub. L. 105-220, title IV, §409, Aug. 7, 1998, 112 Stat. 1210.

Ex. Ord. No. 11758. Delegation of Authority of the President

Ex. Ord. No. 11758, Jan. 15, 1974, 39 F.R. 2075, as amended by Ex. Ord. No. 11784, May 30, 1974, 39 F.R. 19443; Ex. Ord. No. 11867, June 19, 1975, 40 F.R. 26253; Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:

By virtue of the authority vested in me by section 301 of title 3 of the United States Code and as President of the United States of America, it is hereby ordered as follows:

Section 1. The Director of the Office of Management and Budget is hereby designated and empowered to exercise, without approval, ratification, or other action of the President, the authority of the President under section 500(a) of the Rehabilitation Act of 1973 ( 87 Stat. 390, 29 U.S.C. 790) with respect to the transfer of unexpended appropriations.

Sec. 2. The Secretary of Labor is hereby designated and empowered to exercise, without approval, ratification, or other action of the President, the authority of the President (1) under section 503(a) of the Rehabilitation Act of 1973 [29 U.S.C. 793(a)] to prescribe regulations, after consultation with the Secretary of Defense and the Administrator of General Services, with respect to the employment of qualified handicapped individuals under Federal procurement contracts, and (2) under section 503(c) of that act [29 U.S.C. 793(c)] with respect to prescribing, by regulation, guidelines for waiving the requirements of section 503 of the act [29 U.S.C. 793]. Changes in any regulations prescribed by the Secretary pursuant to the preceding sentence shall be made only after consultation with the Secretary of Defense and the Administrator of General Services.

Sec. 3. The head of a Federal agency may, in conformity with the provisions of section 503(c) of the Rehabilitation Act of 1973 [29 U.S.C. 793(c)], and regulations issued by the Secretary of Labor pursuant to section 2 of this order, exempt any contract and, following consultation with the Secretary of Labor, any class of contracts, from the requirements of section 503 of the act [29 U.S.C. 793].

Sec. 4. The Federal Acquisition Regulations and, to the extent necessary, any supplemental or comparable regulation issued by any agency of the executive branch shall, following consultation with the Secretary of Labor, be amended to require, as a condition of entering into, renewing or extending any contract subject to the provisions of section 503 of the Rehabilitation Act of 1973 [29 U.S.C. 793], inclusion of a provision requiring compliance with that section and regulations issued by the Secretary pursuant to section 2 of this order.

Ex. Ord. No. 13078. Increasing Employment of Adults With Disabilities

Ex. Ord. No. 13078, Mar. 13, 1998, 63 F.R. 13111, as amended by Ex. Ord. No. 13172, Oct. 25, 2000, 65 F.R. 64577; Ex. Ord. No. 13187, §4(b), Jan. 10, 2001, 66 F.R. 3858, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to increase the employment of adults with disabilities to a rate that is as close as possible to the employment rate of the general adult population and to support the goals articulated in the findings and purpose section of the Americans with Disabilities Act of 1990 [42 U.S.C. 12101 et seq.], it is hereby ordered as follows:

Section 1. Establishment of National Task Force on Employment of Adults with Disabilities.

(a) There is established the "National Task Force on Employment of Adults with Disabilities" ("Task Force"). The Task Force shall comprise the Secretary of Labor, Secretary of Education, Secretary of Veterans Affairs, Secretary of Health and Human Services, Commissioner of Social Security, Secretary of the Treasury, Secretary of Commerce, Secretary of Transportation, Director of the Office of Personnel Management, Administrator of the Small Business Administration, the Chair of the Equal Employment Opportunity Commission, the Chairperson of the National Council on Disability, the Chairperson of the President's Disability Employment Partnership Board., [sic] and such other senior executive branch officials as may be determined by the Chair of the Task Force.

(b) The Secretary of Labor shall be the Chair of the Task Force; the Chairperson of the President's Disability Employment Partnership Board. [sic] shall be the Vice Chair of the Task Force.

(c) The purpose of the Task Force is to create a coordinated and aggressive national policy to bring adults with disabilities into gainful employment at a rate that is as close as possible to that of the general adult population. The Task Force shall develop and recommend to the President, through the Chair of the Task Force, a coordinated Federal policy to reduce employment barriers for persons with disabilities. Policy recommendations may cover such areas as discrimination, reasonable accommodations, inadequate access to health care, lack of consumer-driven, long-term supports and services, transportation, accessible and integrated housing, telecommunications, assistive technology, community services, child care, education, vocational rehabilitation, training services, job retention, on-the-job supports, and economic incentives to work. Specifically, the Task Force shall:

(1) analyze the existing programs and policies of Task Force member agencies to determine what changes, modifications, and innovations may be necessary to remove barriers to work faced by people with disabilities;

(2) develop and recommend options to address health insurance coverage as a barrier to employment for people with disabilities;

(3) subject to the availability of appropriations, analyze State and private disability systems (e.g., workers' compensation, unemployment insurance, private insurance, and State mental health and mental retardation systems) and their effect on Federal programs and employment of adults with disabilities;

(4) consider statistical and data analysis, cost data, research, and policy studies on public subsidies, employment, employment discrimination, and rates of return-to-work for individuals with disabilities;

(5) evaluate and, where appropriate, coordinate and collaborate on, research and demonstration priorities of Task Force member agencies related to employment of adults with disabilities;

(6) evaluate whether Federal studies related to employment and training can, and should, include a statistically significant sample of adults with disabilities;

(7) subject to the availability of appropriations, analyze youth programs related to employment (e.g., Employment and Training Administration programs, special education, vocational rehabilitation, school-to-work transition, vocational education, and Social Security Administration work incentives and other programs, as may be determined by the Chair and Vice Chair of the Task Force) and the outcomes of those programs for young people with disabilities;

(8) evaluate whether a single governmental entity or program should be established to provide computer and electronic accommodations for Federal employees with disabilities;

(9) consult with the President's Committee on Mental Retardation on policies to increase the employment of people with mental retardation and cognitive disabilities; and

(10) recommend to the President any additional steps that can be taken to advance the employment of adults with disabilities, including legislative proposals, regulatory changes, and program and budget initiatives.

(d)(1) The members of the Task Force shall make the activities and initiatives set forth in this order a high priority within their respective agencies within the levels provided in the President's budget.

(2) The Task Force shall issue its first report to the President by November 15, 1998. The Task Force shall issue a report to the President on November 15, 1999, November 15, 2000, and a final report on July 26, 2002, the 10th anniversary of the initial implementation of the employment provisions of the Americans with Disabilities Act of 1990 [42 U.S.C. 12101 et seq.]. The reports shall describe the actions taken by, and progress of, each member of the Task Force in carrying out this order. The Task Force shall terminate 30 days after submitting its final report.

(e) As used herein, an adult with a disability is a person with a physical or mental impairment that substantially limits at least one major life activity.

Sec. 2. Specific activities by Task Force members and other agencies.

(a) To ensure that the Federal Government is a model employer of adults with disabilities, by November 15, 1998, the Office of Personnel Management, the Department of Labor, and the Equal Employment Opportunity Commission shall submit to the Task Force a review of Federal Government personnel laws, regulations, and policies and, as appropriate, shall recommend or implement changes necessary to improve Federal employment policy for adults with disabilities. This review shall include personnel practices and actions such as: hiring, promotion, benefits, retirement, workers' compensation, retention, accessible facilities, job accommodations, layoffs, and reductions in force.

(b) The Departments of Justice, Labor, Education, and Health and Human Services shall report to the Task Force by November 15, 1998, on their work with the States and others to ensure that the Personal Responsibility and Work Opportunity Reconciliation Act [probably means the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. 104-193, see Tables for classification] is carried out in accordance with section 504 of the Rehabilitation Act of 1973 [29 U.S.C. 794], as amended, and the Americans with Disabilities Act of 1990 [42 U.S.C. 12101 et seq.], so that individuals with disabilities and their families can realize the full promise of welfare reform by having an equal opportunity for employment.

(c) The Departments of Education, Labor, Commerce, and Health and Human Services, the Small Business Administration, and the President's Committee on Employment of People with Disabilities shall work together and report to the Task Force by November 15, 1998, on their work to develop small business and entrepreneurial opportunities for adults with disabilities and strategies for assisting low-income adults, including those with disabilities[,] to create small businesses and micro-enterprises. These same agencies, in consultation with the Committee for Purchase from People Who Are Blind or Severely Disabled, shall assess the impact of the Randolph-Sheppard Act [20 U.S.C. 107 et seq.] vending program and the Javits-Wagner-O'Day Act [now 41 U.S.C. 8501 et seq.] on employment and small business opportunities for people with disabilities.

(d) The Departments of Transportation and Housing and Urban Development shall report to the Task Force by November 15, 1998, on their examination of their programs to see if they can be used to create new work incentives and to remove barriers to work for adults with disabilities.

(e) The Departments of Justice, Education, and Labor, the Equal Employment Opportunity Commission, and the Social Security Administration shall work together and report to the Task Force by November 15, 1998, on their work to propose remedies to the prevention of people with disabilities from successfully exercising their employment rights under the Americans with Disabilities Act of 1990 [42 U.S.C. 12101 et seq.] because of the receipt of monetary benefits based on their disability and lack of gainful employment.

(f) The Bureau of Labor Statistics of the Department of Labor and the Census Bureau of the Department of Commerce, in cooperation with the Departments of Education and Health and Human Services, the National Council on Disability, and the President's Committee on Employment of People with Disabilities shall design and implement a statistically reliable and accurate method to measure the employment rate of adults with disabilities as soon as possible, but no later than the date of termination of the Task Force. Data derived from this methodology shall be published on as frequent a basis as possible.

(g) All executive agencies that are not members of the Task Force shall: (1) coordinate and cooperate with the Task Force; and (2) review their programs and policies to ensure that they are being conducted and delivered in a manner that facilitates and promotes the employment of adults with disabilities. Each agency shall file a report with the Task Force on the results of its review on November 15, 1998.

(h) To improve employment outcomes for persons with disabilities by addressing, among other things, the education, transition, employment, health and rehabilitation, and independent living issues affecting young people with disabilities, executive departments and agencies shall coordinate and cooperate with the Task Force to: (1) strengthen interagency research, demonstration, and training activities relating to young people with disabilities; (2) create a public awareness campaign focused on access to equal opportunity for young people with disabilities; (3) promote the views of young people with disabilities through collaboration with the Youth Councils authorized under the Workforce Investment Act of 1998 [ Pub. L. 105-220, repealed by Pub. L. 113-128, title V, §§506, 511(a), July 22, 2014, 128 Stat. 1703, 1705, effective July 1, 2015]; (4) increase access to and utilization of health insurance and health care for young people with disabilities through the formalization of the Federal Healthy and Ready to Work Interagency Council; (5) increase participation by young people with disabilities in postsecondary education and training programs; and (6) create a nationally representative Youth Advisory Council, to be funded and chaired by the Department of Labor, to advise the Task Force in conducting these and other appropriate activities.

Sec. 3. Cooperation. All efforts taken by executive departments and agencies under sections 1 and 2 of this order shall, as appropriate, further partnerships and cooperation with public and private sector employers, organizations that represent people with disabilities, organized labor, veteran service organizations, and State and local governments whenever such partnerships and cooperation are possible and would promote the employment and gainful economic activities of individuals with disabilities.

Sec. 4. Judicial Review. This order does not create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person.

William J. Clinton.

Ex. Ord. No. 13187. The President's Disability Employment Partnership Board

Ex. Ord. No. 13187, Jan. 10, 2001, 66 F.R. 3857, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Advisory Committee Act, as amended (5 U.S.C. App.), and in order to promote the employment of people with disabilities, it is hereby ordered as follows:

Section 1. Establishment and Composition of the Board. (a) There is hereby established the President's Disability Employment Partnership Board (Board).

(b) The Board shall be composed of not more than 15 members who shall be appointed by the President for terms of 2 years. The membership shall include individuals who are representatives of business (including small business), labor organizations, State or local government, disabled veterans, people with disabilities, organizations serving people with disabilities, and researchers or academicians focusing on issues relating to the employment of people with disabilities, and may include other individuals representing entities involved in issues relating to the employment of people with disabilities as the President finds appropriate.

(c) The President shall designate a Chairperson from among the members of the Board to serve a term of two years.

(d) Members and the Chairperson may be reappointed for subsequent terms and may continue to serve until their successors have been appointed.

Sec. 2. Functions. (a) The Board shall provide advice and information to the President, the Vice President, the Secretary of Labor, and other appropriate Federal officials with respect to facilitating the employment of people with disabilities, and shall assist in other activities that promote the formation of public-private partnerships, the use of economic incentives, the provision of technical assistance regarding entrepreneurship, and other actions that may enhance employment opportunities for people with disabilities.

(b) In carrying out paragraph (a) of this section, the Board shall:

(i) develop and submit to the Office of Disability Employment Policy in the Department of Labor a comprehensive written plan for joint public-private efforts to promote employment opportunities for people with disabilities and improve their access to financial institutions and commercial and business enterprises;

(ii) identify strategies that may be used by employers, labor unions, national and international organizations, and Federal, State, and local officials to increase employment opportunities for people with disabilities; and

(iii) coordinate with the Office of Disability Employment Policy in the Department of Labor in promoting the collaborative use of public and private resources to assist people with disabilities in forming and expanding small business concerns and in enhancing their access to Federal procurement and other relevant business opportunities. Public resources include those of the Department of Labor, the Small Business Administration, the Department of Commerce, the Department of Education, the Department of Defense, the Department of Treasury, the Department of Veterans Affairs, the Federal Communications Commission, and of executive departments and agency offices responsible for small, disadvantaged businesses utilization.

(c) The Board shall submit annual written reports to the President, who may apprise the Congress and other interested organizations and individuals on its activities, progress, and problems relating to maximizing employment opportunities for people with disabilities.

(d) The Chairperson of the Board shall serve as a member and Vice Chair of the National Task Force on Employment of Adults with Disabilities established under Executive Order 13078 of March 13, 1998 [set out above].

Sec. 3. Administration. (a) The Board shall meet when called by the Chairperson, at a time and place designated by the Chairperson. The Chairperson shall call at least two meetings per calendar year. The Chairperson may form subcommittees or working groups within the Board to address particular matters.

(b) The Chairperson may from time to time prescribe such rules, procedures, and policies relating to the activities of the Board as are not inconsistent with law or with the provisions of this order.

(c) Members of the Board shall serve without compensation but shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving intermittently in Federal service (5 U.S.C. 5701-5707).

(d) The Department of Labor shall provide funding and appropriate support to assist the Board in carrying out the activities described in section 2 of this order, including necessary office space, equipment, supplies, services, and staff. The functions of the President under the Federal Advisory Committee Act, as amended, except that of reporting to the Congress, that are applicable to the Commission, shall be performed by the Department of Labor in accordance with guidelines that have been issued by the Administrator of General Services.

(e) The heads of executive departments and agencies shall, to the extent permitted by law, provide the Board such information as it may need for purposes of carrying out the functions described in section 2 of this order.

Sec. 4. Prior Orders and Transition. (a) Executive Order 12640 of May 10, 1988, as amended, relating to the establishment of the President's Committee on Employment of People with Disabilities, is hereby revoked. The employees, records, property, and funds of the Committee shall become the employees, records, property, and funds of the Department of Labor.

(b) Executive Order 13078 of March 13, 1998 [set out above], is amended in sections 1(a) and (b) by striking "Chair of the President's Committee on Employment of People with Disabilities" and inserting "Chairperson of the President's Disability Employment Partnership Board."

William J. Clinton.

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[USC02] 29 USC 701: Findings; purpose; policy

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(a) Findings Congress finds that- (1) millions of Americans have one or more physical or mental disabilities and the number of Americans with such disabilities is increasing; (2) individuals with disabilities constitute one of the most disadvantaged groups in society; (3) disability is a natural part of the human experience

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The enactment of "The Rehabilitation Act of 1973 helped open the door for people like Sady, and so many others. It help give them a voice to know that there was more to them than what meets the eye.  We as a civilization were holding them back with all of the barriers we put up knowing or not.  This legislation was the beginning of a change for people with disabilities. 

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The enactment of "The Rehabilitation Act of 1973 helped open the door for people like Sady, and so many others. It help give them a voice to know that there was more to them than what meets the eye.  We as a civilization were holding them back with all of the barriers we put up knowing or not.  This legislation was the beginning of a change for people with disabilities. 

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Education For All Handicapped Children Act of 1975

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Education For All Handicapped Children Act of 1975

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The Education for All Handicapped Children Act of 1975 was the tip of the iceberg in how we should and would be helping those with disabilities. This act enacted FAPE, LRE, and IEP's all of which are crucial in educating persons with disabilities properly and equally.

The Education for All Handicapped Children Act (Public Law 94-142) was signed into law on November 29, 1975 by President Gerald Ford. This legislation is considered the “Bill of Rights” for children with disabilities and their families. The legislation incorporated six major components or guarantees that have forever changed the landscape of education across the United States These components include:

1. A free appropriate public education (FAPE). All children, regardless of the severity of the disability, must be provided an education appropriate to their unique needs at no cost to the parent(s)/guardian(s). Included in this principle is the concept of related services, which requires that children receive other services as determined educationally necessary to benefit from special education. These related services may include occupational therapy, physical therapy, orientation and mobility instruction, and a host of other support services for the student.

2. The least restrictive environment (LRE). Children with disabilities are to be educated, to the maximum extent appropriate, with students without disabilities. Placements must be consistent with the pupil’s education needs. Each state is required to provide a full continuum of alternate placements.

3. An individualized education program (IEP). This document, developed with the parent(s)/guardian(s), is an individually tailored statement describing an educational plan for each learner with exceptionalities. The IEP is required to address: (1) the present level of academic functioning; (2) annual goals and accompanying instructional objectives; (3) educational services to be provided; (4) the degree to which the pupil will be able to participate in general education programs; (5) plans for initiating services and the length of service delivery; and (6) an annual evaluation procedure specifying objective criteria to determine if instructional objectives are being met.

4. Procedural due process. The Act affords parents or guardians several safeguards pertaining to the child’s education. Briefly, parents or guardians have the right to confidentiality of records; to examine all records; to obtain an independent evaluation; to receive written notification (in the parents’ native language) of proposed changes to the child’s educational classification or placement; and the right to an impartial hearing whenever disagreements arise regarding educational plans for the child. Furthermore, the student’s parents or guardians have the right to representation by legal counsel.

5. Nondiscriminatory assessment. Prior to placement, a child must be evaluated by a multidisciplinary team in all areas of suspected disability by tests that are not racially, culturally, or linguistically biased. Students are to receive several types of assessments, administered by trained personnel. A single evaluation procedure is not permitted for either planning or placement purposes.

6. Parental participation. P.L. 94-142 mandates meaningful parent involvement. This legislation requires that parents participate fully in the decision-making process that affects the child’s education.

Source:
Special Education Public Policy. (2013). Retrieved June 15, 2020, from http://www.projectidealonline.org/v/special-education-public-policy/

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Special Education Public Policy - Project IDEAL

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The history of public policies regarding special education, and their components.

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The "Education For All Handicapped Children Act of 1975" made it so children with disabilities could get a free and appropriate education that included thinks like the FAPE, LRE, and IEP's.  It gives students with disabilities more equity verses equality. Edcuation, should not be a one size fits all approach but rather a UDL "Universal Design Lesson" approach. This Act definitely helps the cause along.

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Technology Related Assistance For Individuals with Disabilities Act of 1988

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Technology Related Assistance For Individuals with Disabilities Act of 1988

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Here is where education for the disabled really got interesting.  With the use of technology and it being funded by the government the availability of assistive technology became more readily available.  It was more attainable.

Technology-Related Assistance for Individuals With Disabilities Act of 1988 - Title I: Grants to States - Directs the Secretary of Education to make grants to States for consumer-responsive comprehensive statewide programs of technology-related assistance for individuals of all ages with disabilities. Lists functions and activities which may be included in the programs.
Directs the Secretary to award to States three-year grants for statewide programs of technology-related assistance for individuals with disabilities. Provides for the number and amounts of the grants (Harkin,&Tom, 1988). Gives States receiving grants in one fiscal year priority in the availability of amounts appropriated in the next fiscal year. Directs the Secretary to award grants in a manner that is geographically equitable and that distributes them among States that have differing levels of development of programs of technology-related assistance. Sets forth information and assurances which must accompany an application.
Authorizes the Secretary to award a two-year extension grant to any State that demonstrates significant progress of a statewide program of technology-related assistance under a grant provided for in this Act. Provides for the amounts of the extension grants and for priority for previously-participating States. Specifies elements which must be included in an extension grant application.

Source:
Harkin, & Tom. (1988, August 19). S.2561 - 100th Congress (1987-1988): Technology-Related Assistance for Individuals With Disabilities Act of 1988. Retrieved June 15, 2020, from https://www.congress.gov/bill/100th-congress/senate-bill/2561

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Shown Here:
Passed Senate amended (08/02/1988)

(Measure passed Senate, amended)

Technology-Related Assistance for Individuals With Disabilities Act of 1988 - Title I: Grants to States - Directs the Secretary of Education to make grants to States for consumer-responsive comprehensive statewide programs of technology-related assistance for individuals of all ages with disabilities. Lists functions and activities which may be included in the programs.

Directs the Secretary to award to States three-year grants for statewide programs of technology-related assistance for individuals with disabilities. Provides for the number and amounts of the grants. Gives States receiving grants in one fiscal year priority in the availability of amounts appropriated in the next fiscal year. Directs the Secretary to award grants in a manner that is geographically equitable and that distributes them among States that have differing levels of development of programs of technology-related assistance. Sets forth information and assurances which must accompany an application.

Authorizes the Secretary to award a two-year extension grant to any State that demonstrates significant progress of a statewide program of technology-related assistance under a grant provided for in this Act. Provides for the amounts of the extension grants and for priority for previously-participating States. Specifies elements which must be included in an extension grant application.

Requires each State that receives a grant under this title to submit an annual report to the Secretary. Sets forth specific requirements for reports with respect to extension grants.

Directs the Secretary to establish a system to assess the extent to which States which receive grants under this title are making significant progress. Subjects any State which fails to comply with the requirements of this title to a corrective action plan.

Declares that nothing in this title shall be construed to permit the State or any Federal agency to reduce medical or other assistance available or to alter eligibility under: (1) title II (Old Age, Survivors and Disability Insurance), title V (Maternal and Child Health), title XVI (Supplemental Security Income), title XVIII (Medicare), title XIX (Medicaid), or title XX (Block Grants for States for Social Services) of the Social Security Act of 1973; (2) the Education of the Handicapped Act; (3) the Rehabilitation Act of 1973; or (4) laws relating to veterans' benefits.

Authorizes appropriations for FY 1989 through 1993. Directs the Secretary to reserve from amounts appropriated one percent for provision to States of information and technical assistance. Authorizes the Secretary to reserve sums as necessary to cover the cost of on-site visits.

Directs the Secretary, directly or by contract, to: (1) conduct a national evaluation of the grant program authorized by this title; and (2) report to the Congress not later than October 1, 1992.

Directs the Secretary to work with the States to consider and develop an information system designed to report and compile a qualitative and quantitive description of the impact of the grant program.

Title II: Programs of National Significance - Part A: Study on Financing of Assistive Technology Devices and Assistive Technology Services for Individuals with Disabilities - Requires the National Council on the Handicapped to: (1) conduct a study and make recommendations to the Congress and the President concerning financing and other aspects of technology-related assistance, devices, and services; and (2) appoint an advisory committee in accordance with the Rehabilitation Act of 1973 to assist the Council in carrying out the Council's duties under this part. Directs the heads of all Federal agencies, to the extent not prohibited by law, to cooperate with the Council. Authorizes the Council, with the consent of the agency involved, to use the resources of Federal, State, local, and private agencies, with or without reimbursement. Sets forth reporting requirements.

Part B: National Information and Program Referral Network - Directs the Secretary to enter into any contract or cooperative agreement necessary in order to establish a national information and program referral network to assist States regarding such technology-related assistance, if the Secretary determines it appropriate to establish the network. Requires the contracts or agreements, if any, to be entered into before the end of 30 months after appropriations are enacted.

Directs the Secretary to conduct a study of the feasibility and desirability of creating such a network and, if so, to determine the appropriate structure for the network. Authorizes the Secretary to enter into a contract or cooperative agreement necessary to conduct the study. Provides for the content and timetable of the study.

Part C: Training and Public Awareness Projects - Directs the Secretary to enter into contracts or cooperative agreements concerning training with regard to the provision of technology-related assistance. Specifies eligible activities.

Directs the Secretary to make grants to assist institutions of higher education to prepare personnel for careers relating to the provision of technology-related assistance. Sets forth priorities and specifies allowed uses of funds.

Directs the Secretary to make grants or enter into contracts to carry out national projects that build awareness of the importance and efficacy of assistive technology devices and services for individuals of all ages with disabilities functioning in various settings of daily life. Sets forth allowed uses of the funds. Directs the Secretary to establish priorities for the grants and to publish the priorities, along with an explanation of how the priorities were determined, in the Federal Register.

Part D: Demonstration and Innovation Projects - Directs the Secretary to make grants or enter into contracts or cooperative agreements to pay all or part of the cost of demonstration and innovation projects concerning technology-related assistance for individuals with disabilities. Sets forth allowed uses of the funds.

Part E: Authorization of Appropriations - Authorizes appropriations for FY 1989 through 1993. Sets forth priorities depending on specified levels of appropriations.

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S.2561 - 100th Congress (1987-1988): Technology-Related Assistance for Individuals With Disabilities Act of 1988

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(Measure passed Senate, amended) Technology-Related Assistance for Individuals With Disabilities Act of 1988 - Title I: Grants to States - Directs the Secretary of Education to make grants to States for consumer-responsive comprehensive statewide programs of technology-related assistance for individuals of all ages with disabilities.

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Technology Related Assistance For Individuals with Disabilities Act of 1988 provides for training in the assistive technology devices.  Allows for someone to assist in the learning of each device.  The law also allows for existing devices to be adapted and upgraded to meet the needs of the children with disabilities.  Like Sady and her clicking device on her wheel chair that connected to her computer for editing.  Each law allows a little more freedom to each individual with a disability.

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The ADA help set up the guidelines for disabled in public areas, or school and or work place.  It might provide interpreters for the deaf or adapt facilities accessibility. Might even utilize or adapt technology for an individuals needs.                                                                                             The Americans with Disabilities Act, also known as ADA, is nothing new. First implemented in 1990, it was the United States government’s first step toward addressing the needs of citizens living with disabilities. Yet as technology and our culture evolved, so did the challenges faced by disabled Americans. Accessibility became a hurdle not only in the physical world but also the vast digital realm of the World Wide Web. Below we explore not only what this law does for the disabled community, but also what it is doing to change with the times and make everyday life easier for individuals with unique needs.
Title I tackles discrimination in the workplace. It requires employers to make reasonable accommodations for applicants or employees with disabilities, should they be qualified to perform the job expectations with them. This can include:

Providing an interpreter for the deaf

Adapting a facility’s accessibility

Adapting work schedules or reassigning to a better-suited position should the disability impede upon one’s performance

Utilizing or adapting the right technology, materials, resources, or policies to accommodate the individual’s needs.

Source:
*, N. (2019, January 05). What is the Americans with Disabilities Act? Retrieved June 15, 2020, from https://dreamscapefoundation.org/what-is-the-americans-with-disabilities-act/?gclid=EAIaIQobChMIn8XR-bHw6QIVzsDACh20YwCYEAAYAyAAEgLDifD_BwE

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The Americans with Disabilities Act, also known as ADA, is nothing new. First implemented in 1990, it was the United States government's first step toward addressing the needs of citizens living with disabilities. Yet as technology and our culture evolved, so did the challenges faced by disabled Americans. Accessibility became a hurdle not only in the physical world but also the vast digital realm of the World Wide Web. Below we explore not only what this law does for the disabled community, but also what it is doing to change with the times and make everyday life easier for individuals with unique needs.

The Americans with Disabilities Act of 1990 Explained

"The one argument for accessibility that doesn't get made nearly often enough is how extraordinarily better it makes some people's lives. How many opportunities do we have to dramatically improve people's lives just by doing our job a little better?" ― Steve Krug The original ADA was a move to combat discrimination against disabled persons by potential or existing employers, governments, and unions. In order to be covered by the ADA, you have to fit these three descriptions:

Possess a physical or mental impairment that limits major activities in life in one or more ways

Possess a record detailing your impairment

Be regarded as currently having the recorded impairment

This law is broken down into various titles to cover various needs.
Title I of ADA Explained

Title I tackles discrimination in the workplace. It requires employers to make reasonable accommodations for applicants or employees with disabilities, should they be qualified to perform the job expectations with them. This can include:

Providing an interpreter for the deaf

Adapting a facility's accessibility

Adapting work schedules or reassigning to a better-suited position should the disability impede upon one's performance

Utilizing or adapting the right technology, materials, resources, or policies to accommodate the individual's needs

However, these expectations do have limitations. If the process of adapting to the individual's needs causes undue hardship on the business, such as extreme difficulty or expense, then the ADA will not require an employer to adapt. While ADA is an active law, it's important to know that in order for it to be put into action, an employee or applicant must ask for assistance from the company. This means requesting specific accessibility accommodations directly. Under this law, an employer cannot pry into the details of one's disability. They can only ask about the person's ability to perform their job. Any request for medical examination is only valid if the same request is made of all employees. Simply put, the ADA is designed to protect the disabled in applying for and holding jobs they are qualified to perform but may need reasonable assistance due to limitation caused by their impairment. This standard also includes accommodations for clients or customers.
Title II, Title III, and Title V Explained

Title II of the ADA focuses on eliminating discrimination in the realm of local and state governments. This includes any services, programs, and activities provided through these entities. Title III adds these standards to privately-owned businesses and commercial facilities. This means the standards for equal opportunities extends through education, public accommodation, and public transportation. Title V is a blanket section that spans certain conditions and provisions on how ADA can be implemented. But what about Title IV? There's a reason why we set this section apart from the others. As one of the newest additions to this law, it covers a very important aspect of life: telecommunication.

The Importance of the Title IV Revision to Modern Living

The Title IV amendment came in 2008. From telephonic communications to the internet, television, and other digital services, it was apparent that Americans with disabilities needed special accommodations. Everyday tasks such as surfing the web or watching television ranged from inconvenient to impossible with hearing, vision, or other physical impairments. Thus, Title IV set a new standard for telecommunications. Through it, certain requirements came into effect for digital communications, including closed captioning and guidelines for web accessibility. These guidelines include site navigation, alt text for photos, and other information shared through web content or applications. Want to learn more about how you can improve accessibility within your business? Great! Take a moment to reach out to us. We can provide the insight and resources to place you on the path of adapting to the needs of your employees and customers.

Tags: ADA, Americans with Disabilities Act

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What is the Americans with Disabilities Act?

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The Americans with Disabilities Act, also known as ADA, is nothing new. First implemented in 1990, it was the United States government's first step toward addressing the needs of citizens living with disabilities. Yet as technology and our culture evolved, so did the challenges faced by disabled Americans.

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The ADA is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public. This law allows for equity not just equality.  It's this law and many like them that allows for people with disabilities to live a more fulfilling and possibly a more independent life.  It opens up doors to new possibilities.  Like Sady, this might allow the next person with a severe disability to become the next T.V. producer or the next micro-biologist.

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Individuals with Disabilities Education Act of 1990  (IDEA of 1990)

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Individuals with Disabilities Education Act of 1990  (IDEA of 1990)

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The IDEA of 1990 was first a name changer literally from Education For All Handicapped Children Act to Individuals with Disabilities Act.  This act also addressed the child from 0-2 years of age born to drug abuser for mothers. It helped give the child an even earlier leg up on life from their disabilities by stepping in and helping earlier.                                                                                       The new law also includes many significant improvements, such as programs to promote research and technology and transition programs to help students succeed after high school."

The legislation cited new initiatives in the law to address the needs of "crack babies" born to drug-abusing mothers, and to reach ethnically and culturally diverse children. He noted that an estimated 4.6 million children received special education services during the 1989-90 school year.

Source:
Texas Assistive Technology Network (2004).  Providing assistive technology: A legal perspective. Guide to Assistive Technology in Texas Schools Series
https://www.slideshare.net/Aprilmoe82/history-of-special-education-april-wellswk1

EHA IS OUT, IDEA IS IN
Future reflections (1991).

https://www.nfb.org/images/nfb/publications/fr/fr10/issue1/f100112.html

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Future Reflections Winter/Spring 1991

EHA IS OUT, IDEA IS IN

Editor's Note: The following two articles are reprinted from the Winter, 1990 issue of Counterpoint, a publication of the National Association of State Directors of Special Education, Incorporated.

INDIVIDUALS WITH DISABILITIES EDUCATION ACT BECOMES LAW

President Bush October 30 signed into law the Education of the Handicapped Act Amendments of 1990, changing the name of the EHA to "Individuals with Disabilities Education Act." The amendments, now Public Law 101-476, 104 Stat. 1103, reauthorize Parts C through G of the IDEA through fiscal year 1994. U.S. Secretary of Education Lauro Cavazos praised the newly enacted Education of the Handicapped Act Amendments of 1990 for recognizing the complex needs of a changing population of students with disabilities.

"The 1975 Education of the Handicapped Act guaranteed that students with disabilities would receive a free and appropriate public education-an opportunity to become independent and participate fully in society. The measure signed into law by President Bush October 30 extends that guarantee to protect the future of more children." Cavazos said.

"The new law also includes many significant improvements, such as programs to promote research and technology and transition programs to help students succeed after high school."

Cavazos also cited new initiatives in the law to address the needs of "crack babies" born to drug-abusing mothers, and to reach ethnically and culturally diverse children. He noted that an estimated 4.6 million children received special education services during the 1989-90 school year.

A Little Getting Used To

In comments on the Senate floor when the Senate approved the conference report on the EHA amendments, Senator Paul Simon (D-IL) noted that the name change will take a little getting used to. "Some of us who have worked for years in this area may need some time to adjust to referring to the IDEA rather than the EHA." Simon said.

"But it is not insignificant that we move away from terminology that focuses on a condition rather than a person. As we did in passing the Americans with Disabilities Act, we are recognizing the individual first. This is particularly appropriate in the IDEA since its educational services are designed to meet the needs of the individual."

REGULATIONS FOR NEW IDEA ARE DUE IN MID-FEBRUARY

The Office of Special Education Programs in the U.S. Department of Education expects to publish in mid-February regulations for the changes in the Education of the Handicapped Act that became law September 30.

After a period for public comment through March/April, OSEP will publish final regulations in June or July. The regs will become effective 90 days after publication.

According to the Deputy Director of OSEP, Bill Wolf, at least five substantive regulations requiring public comment will be published. Among them are proposed definitions for autism and traumatic brain injury, categories of disability that Congress has added to the law.

OSEP will also define the terms "assistive technology devices" and "rehabilitation counseling", which have been added to the law. Wolf also noted that current definitions of "special education" may not be broad enough to include transition services now required by the law.

Wolf also said that data requirements for the Comprehensive System of Personnel Development will be open to comment, and OSEP will publish selection criteria for new research and demonstration programs now authorized under services to deaf-blind children. There will also be selection criteria for proposals under a new program for seriously emotionally disturbed children.

Wolf pointed out that the new law required that one percent of all discretionary funds must be used for outreach to minorities, and OSEP will announce -at least one funding priority in this area. By the new law, all applicants for funds in all discretionary programs must cite specific actions they are taking to address the needs of minorities.

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Future Reflections Winter/Spring 1991 Editor's Note: The following two articles are reprinted from the Winter, 1990 issue of Counterpoint, a publication of the National Association of State Directors of Special Education, Incorporated. President Bush October 30 signed into law the Education of the Handicapped Act Amendments of 1990, changing the name of the EHA to "Individuals with Disabilities Education Act."

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The Individuals with Disabilities Ac of 1990 is an amendment to the Education for All Handicapped Children Act of 1975 as are the 1997 and 2004 amendments to this law.
The changes in this law included the change in terminology  Now defining Autism as a developmental disability. Alos, Traumatic Brain Injury as an aquired injury that is caused by external physical forces that results in psychological impairment or partial functioning  disability that affects the educational performance of children. This change also included the (LRE) Least Restrictive Environment. It helped place students in mainstream classrooms. Lastly, it brought about changes in the IEP. It was now so that a general education instructor was involved in the IEP process and parents could now also file suit if they felt their child's needs were not being met. Every change to these laws help better the services and technology for the students with disabilities.  I like how this amendment focused on helping the needs of crack babies born to drug using mothers.  Helps give them a fighting chance at life on the uphill battle they were born into. I had a friend who adopted a girl with cerebral palsy, her birth mom was addicted to crack . She was a crack baby.  She never uttered a word, she was completely silent, and was confined to a wheel chair all of her life, but through the abilities of assistive technology she went on to complete K-12 grade and graduated from college with a BS in Business.  She was really brilliant.  She could not have made it as far as she did without these laws and without the help of assistive technology.  One final note this law prohibits any discrimination that is base don an individual's disability in both public and private sectors.

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The major change in the IDEA of 1997 was to ensure that each state have in place policies and procedures to make sure every child with a disability had a free appropriate public education (FAPE).  By now this certainly included assistive technology if so required after an assessment was done.
This Amendment lays out the educational guidelines for school children 3-21 years of age. By law, states are required to educate students with disabilities.
To receive funding, school districts must comply with six main principles set out by IDEA:

Every child is entitled to a free and appropriate public education (FAPE).

When a school professional believes that a student between the ages of 3 and 21 may have a disability that has substantial impact on the student's learning or behavior, the student is entitled to an evaluation in all areas related to the suspected disability.

Creation of an Individualized Education Plan (IEP). The purpose of the IEP is to lay out a series of specific actions and steps through which educational providers, parents and the student themselves may reach the child's stated goals.

That the education and services for children with disabilities must be provided in the least restrictive environment, and if possible, those children be placed in a "typical" education setting with non-disabled students.

Input of the child and their parents must be taken into account in the education process.

When a parent feels that an IEP is inappropriate for their child, or that their child is not receiving needed services, they have the right under IDEA to challenge their child's treatment (due process).

Recognizes the need for identifying and reaching very young children with disabilities. This portion of IDEA provides guidelines concerning the funding and services to be provides to children from birth through 2 years of age. Families are entitled to several services

Every family is entitled to appropriate, timely, and multidisciplinary identification and intervention services for their very young child. These services must be made available to all families with infants and toddlers.

Families are required to receive an Individualized Family Service Plan (IFSP). This plan lays out the priorities, resources and concerns of the family. In addition it describes the goals of the child, the services to be provided to the child, and steps for eventual transitioning of the child into formal education.

Families have a right to participate in the creation of the IFSP, and must give consent prior to the initiation of intervention services.

Lastly, parents are entitled to timely resolution of all conflicts or complaints regarding the evaluation or services provided to their child.

describes national activities to be undertaken to improve the education of children with disabilities. These activities include grants to improve the education and transitional services provided to students with disabilities. In addition this section provides resources to support programs, projects and activities which contribute positive results for children with disabilities (IDEA, 1997).

Source:
Individuals with Disabilities Education Act (IDEA). (n.d.). Retrieved June 15, 2020, from
https://www.apa.org/advocacy/education/idea/

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APA advocates for the well-being and support of students with disabilities as well as the ability of psychologists to serve them, their families and their schools.

What Is IDEA?

The Individuals with Disabilities Education Act (IDEA) ensures that all children with disabilities are entitled to a free appropriate public education to meet their unique needs and prepare them for further education, employment and independent living. Prior to IDEA, over 4 million children with disabilities were denied appropriate access to public education. Many children were denied entry into public school altogether, while others were placed in segregated classrooms, or in regular classrooms without adequate support for their special needs (Katsiyannis, Yell, Bradley, 2001; Martin, Martin, Terman, 1996; U.S. Department of Education, 2010).

IDEA has four distinct sections:

Part A

Part A of IDEA lays out the basic foundation for the rest of the Act. This section defines the terms used within the Act as well as providing for the creation of the Office of Special Education Programs, which is responsible for administering and carrying out the terms of IDEA (IDEA, 1997).

Part B

Part B of IDEA is the section which lays out the educational guidelines for school children 3-21 years of age. By law, states are required to educate students with disabilities (Martin, Martin, & Terman, 1996). IDEA provides financial support for state and local school districts. However to receive funding, school districts must comply with six main principles set out by IDEA:

Every child is entitled to a free and appropriate public education (FAPE).

When a school professional believes that a student between the ages of 3 and 21 may have a disability that has substantial impact on the student's learning or behavior, the student is entitled to an evaluation in all areas related to the suspected disability.

Creation of an Individualized Education Plan (IEP). The purpose of the IEP is to lay out a series of specific actions and steps through which educational providers, parents and the student themselves may reach the child's stated goals.

That the education and services for children with disabilities must be provided in the least restrictive environment, and if possible, those children be placed in a "typical" education setting with non-disabled students.

Input of the child and their parents must be taken into account in the education process.

When a parent feels that an IEP is inappropriate for their child, or that their child is not receiving needed services, they have the right under IDEA to challenge their child's treatment (due process). (DREDF, 2008; Kastiyannis, Yell, Bradley, 2001; Turnbull, Huerta, & Stowe, 2004).

Part C

Part C of IDEA recognizes the need for identifying and reaching very young children with disabilities. This portion of IDEA provides guidelines concerning the funding and services to be provides to children from birth through 2 years of age. Families are entitled to several services through part C of IDEA (IDEA, 1997).

Every family is entitled to appropriate, timely, and multidisciplinary identification and intervention services for their very young child. These services must be made available to all families with infants and toddlers.

Families are required to receive an Individualized Family Service Plan (IFSP). This plan lays out the priorities, resources and concerns of the family. In addition it describes the goals of the child, the services to be provided to the child, and steps for eventual transitioning of the child into formal education.

Families have a right to participate in the creation of the IFSP, and must give consent prior to the initiation of intervention services.

Lastly, parents are entitled to timely resolution of all conflicts or complaints regarding the evaluation or services provided to their child.

Part D

The final section of IDEA, part D, describes national activities to be undertaken to improve the education of children with disabilities. These activities include grants to improve the education and transitional services provided to students with disabilities. In addition this section provides resources to support programs, projects and activities which contribute positive results for children with disabilities (IDEA, 1997).

In 2010 the U.S. Department of Education published a report acknowledging the 35th anniversary of IDEA. The report highlighted many of the achievements gained as a result of this legislation including the increase in college enrollment and decrease in high school dropouts.

Resources

For Parents and Students

Individuals with Disabilities Education Act
The Parents and Families Resource page brings together U.S. Department of Education-funded centers, department programs, and additional information of interest for parents and families.

A Transition Guide
Guide to postsecondary education and employment for students and youth with disabilities.

Fact Sheet (PDF, 1MB)
Psychologists, School-Based Health Centers, and Medicaid

For Educators and Researchers

IDEA Data Center (IDC)
Technical assistance to build capacity within states for collecting, reporting, analyzing, and using high-quality IDEA data. Funded by the U.S. Department of Education's Office of Special Education Programs.

The Part C IDEA Data Processes Toolkit
In collaboration with IDC State Liaisons, states can use the toolkit to create and maintain a culture of high-quality data and establish and support consistent practices

Discipline Data Collection Questions and Answers
This IDC document assists states with the collection of data on children with disabilities served under IDEA who were subject to disciplinary removal.

Reathorization

IDEA was last reauthorized in 2004. The law, signed by President Bush, altered many aspects that affect the work of psychologists in elementary and secondary schools. Some psychologists' paperwork could decrease, for example, and others may be allowed to use e-mail to streamline the process of arranging meetings with parents.

But the biggest change to affect psychologists was in how they assess children for learning disabilities. Under the revised law, school districts are no longer required to use the IQ-achievement discrepancy model to assess whether a child is learning disabled.

References

Katsiyannis, A., Yell, M., & Bradley, R. (2001). Reflections on the 25th anniversary of the individuals with disabilities education act. Remedial and Special Education, 22, 324-334.

Martin, E., Martin, R., & Terman, D. (1996). The legislative and litigation history of special education. The Future of Children, 6, 25-39.

Turnbull, H. (2005). Individuals with disabilities education act reauthorization: Accountability and personal responsibility. Remedial and Special Education, 26, 320-326.

Turnbull, H., Huerta, N., & Stowe, M. (2004). The Individuals with Disabilities Education Act as Amended in 2004. Upper Saddle River, New Jersey: Pearson Education, Inc.

Yell, M., Rogers, D., & Rogers, E. (1998). The legal history of special education: What a long strange trip it's been. Remedial and Special Education, 19, 219-228.

Take Action Now

We have a tremendous opportunity to help shape the laws and policies that directly affect psychology and the populations we work with. We can make a real difference in our society.

-Melba Vasquez, PhD, ABPP, 2011 APA President

About APA Advocacy

APA represents the largest and most visible national presence advocating for psychology at the federal level.

APA advocacy efforts are guided by the Advocacy Coordinating Committee, which evaluates and prioritizes advocacy goals for the discipline of psychology and the professions of psychologists in scientific, educational, public interest, health service practice and applied practice settings.
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individuals with disabilities education act

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Individuals with Disabilities Education Act (ACT)

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APA advocates for the well-being and support of students with disabilities as well as the ability of psychologists to serve them, their families and their schools. What Is IDEA? The Individuals with Disabilities Education Act (IDEA) ensures that all children with disabilities are entitled to a free appropriate public education to meet their unique needs and prepare them for further education, employment and independent living.

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IDEA of 1997 made is so Assistive Technology was just no longer available for those with severe disabilities but rather for all the children with varying forms of disabilities.  This law did however exclude medical devices that were implanted like for instance hearing aids. This amendment stated that by law all children with disabilities ages 3-21 are required to be given an education.  IDEA stipulated that for schools to get the financial aid they needed to help these students they had to follow six main principals mentioned above in the link I provided. This law made it so IEP's had to now include if Assistive Technology was needed or not for each student with a disability.  For people like Sady  having an IEP's are so important. It continues to allow for the possibilities of Assisted Technology devices and service that help open doors for students who would otherwise be stuck in silence and frustration.

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The purpose behind the amendments for 2004 first was to make sure students with disabilities have available to them a free appropriate public education (FAPE).  This should focus on special education, assistive technology and services. This amendment helps ensure people like Sady have the opportunity for employment and possibly an independent lifestyle.   The amendment also authorizes formula grants to states to support their efforts in special education, assistive technology, services, and early intervention.

Sources:
About IDEA. (n.d.). Retrieved June 15, 2020, from https://sites.ed.gov/idea/about-idea/

IDEA 2004 – Beginnings. (n.d.). Retrieved June 15, 2020, from https://ncbegin.org/idea-2004/

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These laws have a huge impact on the daily lives of people like Sady. IDEA forges along ensuring that Sady and those like her always have a voice in their futures for education purposes and life in general.  Honestly we all would be in a different world right now without assistive technology.

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Teaching in Education: The Individuals with Disabilities Act

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Teaching in Education: The Individuals with Disabilities Act

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This video by Frank Arella sums up what IDEA is all about I hope you enjoy!

Source:
Teaching in Education
The individuals with Disabilities Act (Aug. 27, 2016)
https://www.youtube.com/watch?v=66g6TbJbs2g

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Individuals with Disabilities Education Act: Explained

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IDEA
Individuals with Disabilities Act: About IDEA