Major Federal Legislation
The demands for social justice that were being made in the 1960’s and 70’s for African-Americans and women, among others, led to Civil Rights legislation that planted the seeds of activism for people with disabilities. The major legislation listed below resulting in federal laws and oversight agencies to protect the rights of people with disabilities has also influenced the passage of state anti-discrimination laws, some of which are more stringent than the federal laws. To learn more about rights under state laws, contact the State Human Rights Commission or its equivalent, or contact the State Governor's Committee on People with Disabilities.
The Americans with Disabilities Act of 1990 (ADA) is the landmark legislation that opens up services and employment opportunities (Title 1) to Americans with disabilities, access to facilities and public services such as transportation (Titles II and III), and availability to telecommunications devices and services for the hearing and speech impaired (Title IV), as well as other provisions. www.ada.gov
Amendments to the Americans with Disabilities Act of 2008 (ADA) revised the definition of “disability” to more broadly encompass impairments that substantially limit a major life activity and clarifies that mitigating measures (e.g., assistive devices, auxiliary aids and medical therapies) have no impact in determining if a disability qualifies under the law.
The Individuals with Disabilities Education Act (IDEA) 1975, reauthorized in 2006, requires public schools to make available to all eligible children with disabilities a free appropriate public education in the least restrictive environment appropriate to their individual needs. The Act includes services for early intervention (Part B) and children and youth (Part C), and requires public school systems to develop appropriate Individualized Education Programs (IEP's) for each child. http://webaim.org
The United Nations Convention on Rights of Persons with Disabilities (CRPD) was adopted by the UN in December 2006; the U.S. signed the Convention in August 2009. The goal of the CRPD is to remove barriers and improve the standard of living and employment opportunities for approximately 650 million people with disabilities worldwide. CRPD is the first human rights convention of the 21st century, creating a strong link between CRPD and ADA in the United States. www.un.org/disabilities
For further information, contact Arthur Ginsberg, SJCS Chief Government Affairs and Advocacy Officer, aginsberg@sjcs.org.
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