1CIDNY-Queens Introduction to Disability Rights

Introduction to Disability Rights

 

This presentation was created for CIDNY-Queens by Jaclyn Okin Barney, Esq.

Major Disability Rights Laws

There are four major laws that protect people withdisabilities:

• Americans with Disabilities Act (ADA)

• Section 504 of the Rehabilitation Act

• Individuals with Disabilities Education Act (IDEA)

• Fair Housing Laws

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A Little History of People with Disabilities

Throughout history people with disabilities were feared and

ignored.

People with disabilities were institutionalized andcompletely segregated from society, sometimes

starting atbirth.

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Deinstitutionalization Movement

In the 1970’s

• First laws to protect people with disabilities in the community;

• Start of Independent Living Centers; • Beginning of ‘People First’ movement;• Start of laws protecting students with disabilities

in schools.

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The Americans with Disabilities Act (ADA)

The ADA protects people with disabilities in:

1. Employment2. Services from the Government3. Public accommodations (like restaurants,

theaters, etc.)4. Transportation

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The ADA and Employment

The ADA protects a person with a disability from being

discriminated against in all areas of employment.

• A person with a disability must be qualified to perform the essential functions of a job with or without reasonable accommodation.

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The ADA and State and Local Governments

People with disabilities are protected from discrimination by

state and local governments in:

• Employment• Physical Access • Integrated Settings

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An Integrated Setting

An integrated setting is where goods, services or programs

are given to people with disabilities alongsidepeople without disabilities.

In other words, people with disabilities cannot beleft out of a program or a service.

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Section 504 of the Rehabilitation Act

Section 504

• Prevents discrimination of people with disabilities in any program that gets money from the federal government.

• Includes protection in employment, educational placements, and in general government programs and services.

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Individuals with Disabilities Education Act (IDEA)

• IDEA means that students (ages 3-21) can get education in their local school districts.

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Under the IDEA:

• Students with disabilities can get a free and appropriate education (FAPE) in the least restrictive environment (LRE).

• A student’s special education program is outlined in an Individualized Education Program (IEP).

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Two major differences between the IDEA,Section 504, and the ADA

1. The IDEA only supports students in schools until they are 21. Once a student graduates or finishes high school, the IDEA is over.

• Section 504 and the ADA cover people throughout their lives.

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Two major differences betweenthe IDEA and 504/ADA (cont’d)

2. The IDEA ensures that students automatically have rights to receive an education:

• Students with disabilities will receive services under the IDEA.

• In order to get protections under 504 or the ADA, you need to ask for them.

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The Fair Housing Laws

These laws:

• Protect people with disabilities from discrimination in housing, including buying or renting.

• Require landlords to make some exceptions in their policies so that people with disabilities have equal access to housing opportunities

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