RELEVANT LAW
 
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INFORMATION CONCERNING DISABILITY LAW and SOURCES of LEGAL INFORMATION

 

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Persons with disabilities are protected by several laws, including regulations and court opinions. Most of these laws originate with the federal government. Sometimes the federal laws apply directly to the states and individuals, other times the federal laws are adopted by the states in their legal codes. Some states enact their own laws or extend the provisions of the federal laws.

Laws are freely accessible to all persons. Public libraries often have hard copies of laws and can help patrons access the Internet where all public laws in this area are accessible.
However, specific laws can be difficult to find and interpret by lay persons once found.

General information concerning federal law can be found at the U.S. Department of Education, Office of Special Education and Rehabilitation Services website
[http://www.ed.gov/about/offices/list/osers/osep/index.html].

A good source of clear information may be the website of your state Department of Education (for example, the California Department of Education website describes laws relating to Special Education [http://www.cde.ca.gov/sp/se/lr/].

Your local county Department of Education may also be helpful (where you may also find SELPA (Special Education Local Plan Area) district (IDEA law) information). The Imperial County (California) Department of Education has an example of a comprehensive website [http://www.icoe.org/ICOE/Departments/SELPA/Other.htm]. That website includes IEP (Individualized Educational Program) forms, but the Santa Clara County SELPA district has all forms plus an IEP manual on-line. Looking through the forms can help parents and other interested parties understand IDEA [http://www.sccoe.k12.ca.us/depts/selpa/iepforms.asp].

An excellent source of information and actual help is the organization CASE: The Community Alliance for Special Education. Case provides education to parents and direct legal help. Its website has a handbook which can be downloaded at no cost [http://www.caseadvocacy.org].


Many laws include provisions concerning technology. Persons with disabilities may have the legal right to have access to general technologies and specialized assistive technologies.

For a general overview of laws, particularly how they relate to technology, see the website of The Alliance for Technology Access [http://www.ataccess.org]. The website includes detailed information concerning the key laws noted, below, and, also a discussion of The Assistive Technology Act (Tech Act) which provides federal funding to states.

The following includes information concerning key laws:

The Americans with Disabilities Act (ADA) (1990).
The text of the ADA and other information can be found at the U.S. Department of Labor's website [http://www.dol.gov/esa/regs/statutes/ofccp/ada.htm].
This act extended and broadened provisions of the Vocational Rehabilitation Act of 1973 (the Vocational Rehabilitation Act of 1973 was the original source of Section 504, which is the original source of 504 Plans which serve some students with disabilities). The ADA protects disabled persons from discrimination. It requires most employers to provide reasonable accommodations for employees with disabilities. Employers can properly evade ADA mandates if legally cognizable "undue hardship" can be shown. The act also mandates that public places be physically accessible to persons with disabilities.

The Rehabilitation Act can be found at the U.S. Department of Education's website
[http://www.ed.gov/policy/speced/reg/narrative.html].
The Rehabilitation Act is described by that department as follows:
"The Rehabilitation Act is the Federal legislation that authorizes the formula grant programs of vocational rehabilitation, supported employment, independent living, and client assistance. It also authorizes a variety of training and service discretionary grants administered by the Rehabilitation Services Administration.
The Act authorizes research activities that are administered by the National Institute on Disability and Rehabilitation Research and the work of the National Council on Disability. The Act also includes a variety of provisions focused on rights, advocacy and protections for individuals with disabilities."

The Telecommunications Act of 1996, Section 255. The act requires that disabled persons and disabled federal employees have access to telecommunication systems, products, and services.
Information can be found at the FCC (Federal Communications Commission) website
[http://www.fcc.gov/cgb/consumerfacts/section255.html] and
at the website of the United States Access Board ("A Federal Agency Committed to Access Design") [http://www.access-board.gov/telecomm/FAQ.htm].
See also the latter agency's general website [http://www.access-board.gov/index.htm].

The Individuals with Disabilities Education Act Amendments of 1997 [P.L. (public law) 105.17], is also known as IDEA as amended. It was reauthorized in 2004.
IDEA is the law which most directly affects Special Education students.
The federal regulations under IDEA can be found in the Federal Register:
34 C.F.R. Sections 300 and 301 (the regulations are laws clarifying the basic IDEA laws found in 20 U.S.C. 1400 et seq. [volume 20 U.S. Code, sections 1400 and following].

Regulations under IDEA concerning assistive technology are as follows [text taken from Federal Register, August 14, 2006]:

Sec. 300.105 Assistive technology.
(a) Each public agency must ensure that assistive technology devices or assistive technology services, or both, as those terms are defined in sections 300.5 and 300.6, respectively, are made available to a child with a disability if required as part of the child's—
(1) Special education under Sec. 300.36;
(2) Related services under Sec. 300.34; or
(3) Supplementary aides and services under Sections 308.38 and 300.114(a)(2)(ii).
(b) On a case-by-case basis, the use of school-purchased assistive technology devices in a child's home or in other settings is required if the child's IEP Team determines that the child needs access to those devices in or to receive FAPE [free appropriate public education].

Sec. 300.5 Assistive technology device.
Assistive technology device means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of a child with a disability. The term does not include a medical device that is surgically implanted, or the replacement of such device.

Section 300.6 Assistive technology service.
Assistive technology service means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. The term includes—
(a) The evaluation of the needs of a child with a disability, including a functional evaluation of the child in the child's customary environment;
(b) Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by children with disabilities;
[(c), (d), (e), and (f) include provisions concerning selecting, adapting, etc. A.T. devices, coordinating services and therapies, and training.]


 
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