Disabilities, Physical Accommodations for People With

Laws

Three federal laws most readily pertain to the education and care of children with disabilities. They are described briefly in this section.

Education for All Handicapped Children Act (1975), renamed Individuals with Disabilities Education Act (IDEA, 2004). IDEA is a federal law (most recently reauthorized and amended by Congress in 2004) that governs all special education services for children in the United States from birth to age twenty-one. In order for children to receive special education services under IDEA, they must be in one of the following categories or have one of the following disabling conditions: autism, deaf-blindness, emotional disturbance, hearing impairment (including deafness), mental retardation, multiple disabilities, orthopedic impairment, other health impairment, specific learning disability, speech or language impairment, traumatic brain injury, or visual impairment (including blindness). This law stipulates that all children are entitled to a free, appropriate, public education.

Section 504 of the Rehabilitation Act of 1973. Section 504 is a civil rights statute that prohibits discrimination against individuals with disabilities. Schools must ensure equal access for children with disabilities and also provide them with reasonable accommodations. The law covers all programs or activities, whether public or private, that receive federal financial assistance. Reasonable accommodations may include providing a computer, seating students in the front of the class, modifying homework, or providing necessary services. Typically, children covered under Section 504 have disabilities that do not fit within the eligibility categories of IDEA or that are due to accident or illness, which is not permanent. Under Section 504, any person who has an impairment that substantially limits a major life activity is considered disabled. Learning and social development are included under the list of major life activities.

Americans with Disabilities Act (ADA, 1990). Like Section 504, the ADA is civil rights legislation for individuals with disabilities. Unlike Section 504, the ADA applies to almost every entity in the United States, regardless of whether it receives federal funds; churches and private clubs are the only two entities that are exempt from the ADA. For instance, private schools that are not associated with a religious organization have to comply with the provisions of the ADA. Schools that may be exempt from Section 504 because they do not receive federal funds are not exempt from making accommodations based on ADA. The ADA contains several titles that focus on various aspects of disability discrimination. Title I prohibits discrimination in employment. Title II prohibits discrimination in state and local governmental entities, including schools. Title III addresses public accommodations, including hotels, restaurants, department stores, grocery stores, and banks. In all instances, entities delineated are required to make reasonable accommodations or modifications necessary to ensure persons with disabilities have access to goods and services.

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