LD and ADD and the Law

1973- P.L. 93-112

The Rehabilitation Act of 1973, Section 504 was the first law prohibiting discrimination based on disability. Brief and statutory in nature, it applied to all institutions that received federal funds, including higher educational settings which had student loan programs. It provides protection for disabled who:

1. have a physical or mental impairment which substantially limits one or more of major life functions, 
2. have a history of such impairment,
3. are regarded as having such impairment,
4. and are deemed otherwise qualified despite the disability.

It set policy guidelines such as:

• Colleges must be free from discrimination with recruitment, admissions, and treatment including access to housing, student health services, financial aid, athletic or other facilities, and campus transportation.
• Colleges must make modifications in academic requirements to ensure that such requirements do not discriminate. The goal is equal opportunity to achieve equal results with no cost to the students. Reasonable accommodation must be provided free of charge, including auxiliary aids, unless it is a substantial alteration of a program or is an undue administrative or financial burden to the college.

1975- P.L. 94-142

The Education for All Handicapped Children Act provided guidelines and regulations and funding for special education service delivery. Children in public school were entitled to "free, appropriate public education in the least restrictive environment" supported by federal funds according to a federal payment formula. Six components are:

1. Zero Reject- Public schools must provide services to all disabled from ages 3-21 (or until high school graduation).
2. Nondiscriminatory Evaluation- provide free evaluation prior to placement.
3. IEP- education plan tailored to child's needs with goals and objectives.
4. Least Restrictive Environment- to greatest extent educate with nondisabled peers.
5. Procedural Due Process- parental consent or objection to referral, assessment, program, or placement includes a hearing and/or independent counsel.
6. Parent Participation- opportunity for parents to be involved with the child's education and decision making about the information and IEP.

1990- P.L. 101-476

Amendments to the Education of the Handicapped Act
New title: Individuals with Disabilities Education Act (IDEA) Changed terminology to disabilities instead of handicapped. Added autism and traumatic brain injury. Decided ADHD fell under "other health impaired." Mandated that the IEP include a transition plan for students no later than age 16 but earlier when appropriate. Transitioning planning is required only for ages 16-21 or until high school graduation.

The American with Disabilities Act
1990- American With Disabilities Act -ADA (P.L. 101-336) This expanded provisions of Section 504 of Rehabilitation. Act to include the private sector, nongovernmental institutions, and state and local governments. They cannot discriminate because of a disability or association with an individual known to have a disability. Employers must give reasonable accommodation.

• Research: 22% of employees need accommodation, with very few cost significance.
• Psychological disabilities are included in the definition.

Concerned with five areas:

1. Title I- Employment
2. Title II- Public services (state and local government and transportation)
3. Title III- Public accommodations
4. Title IV- Telecommunications relay services
5. Title V- Miscellaneous provisions