Rehabilitation Act of 1973

Rehabilitation Act 1973

In 1988, Congress passed the Civil Rights Restoration Act of 1987 (Public Law 100–259, 3/22/88). The Restoration Act subjects most state prisons to the mandate of Section 504 of the Rehabilitation Act of 1973. The Restoration Act was passed to overrule the Supreme Court's decision in Grove City College v. Bell (1984), which held that only the specific program within an institution that received federal funds, not the entire institution, was required to comply with the antidiscrimination mandate of Section 504. Prior to the passage of the Restoration Act, if a state or county department of corrections received federal funds but did not specifically utilize those funds for the particular correctional institution at issue, that correctional facility was not required to comply with Section 504. Following the passage of the Restoration Act, however, this “program specificity” exemption created in Grove City College v. Bell (1984) is no longer applicable. Under the Restoration Act, the fact that specific prisons or prison programs are not the actual recipients of federal financial assistance received by the applicable department of corrections should be irrelevant for purposes of determining whether prison officials are subject to the mandate of Section 504.

The 1968 Architectural Barriers Act and the Architectural and Transportation Barriers Compliance Board established minimum guidelines and requirements for standards for accessibility and usability of federal and federally funded buildings and facilities by physically disabled persons. These [Page 829]guidelines and requirements are issued pursuant to the Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978 (the 1978 Act), amending the Rehabilitation Act of 1973. These guidelines when followed allow consistent and adequate treatment of physically disabled inmates in state correctional systems.

Section 502

Section 502 of the Rehabilitation Act of 1973 created the Architectural and Transportation Barriers Compliance Board (ATBCB) to enforce the Architectural Barriers Act of 1968. The ATBCB's primary goal is to ensure compliance with standards prescribed under the 1968 Architectural Barriers Act and to ensure that public conveyances, including rolling stock, are usable by handicapped persons. Its other functions are to:

• Propose alternative solutions to barriers facing handicapped persons in housing, transportation, communications, education, recreation, and attitudes
• Determine what federal, state, and local governments and other public or nonprofit agencies and groups are doing to eliminate barriers
• Recommend to the president and Congress legislative and administrative ways to eliminate barriers
• Establish minimum guidelines and requirements for standards prescribed under the Architectural Barriers Act
• Prepare for adequate transportation and housing for handicapped persons, including proposals to cooperate with other agencies, organizations, and individuals working toward such goals (Access America)

Federal buildings or federally funded facilities covered by the act must at least meet the federal minimum standards for access. For example, there must be audible and visual warning signals to aid blind and deaf people. There must be at least one primary entrance that is ramped or level, wide restroom doorways, and elevators must be accessible for wheelchair users. Section 502 of the act requires certain buildings and facilities designed, constructed, altered, or leased with federal funds after accessibility standards are issued (generally September 1969) to be accessible to and usable by physically handicapped persons.

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