Other Federal Laws Concerning People with Disabilities

1. Connecting Research to Practice for Teacher Educators Other Federal Laws Concerning People with Disabilities

2. Personnel DeAnn Lechtenberger — Principle Investigator Nora Griffin-Shirley — Project Coordinator Doug Hamman — Project Evaluator Tonya Hettler—Grant Manager Financial Support for Project IDEAL is provided by the Texas Council for Developmental Disabilities, with Federal funds* made available by the United States Department of Health and Human Services, Administration on Developmental Disabilities. *$599,247 (74%) DD funds; $218,725 (26%) non-federal resources. The views contained herein do not necessarily reflect the position or policy of the funding agency[s]. No official endorsement should be inferred.

3. Americans with Disabilities Act (ADA) of 1990 (P.L. 101-336) • Discourages discrimination in employment, transportation, public accommodations, and telecommunications • Fosters the concept of normalization from womb to tomb • Applies to programs & activities available to the public that do not receive federal funding • S. 3406 ADA Amendments Act of 2008 - A bill to restore the intent and protections of the Americans with Disabilities Act of 1990.

4. ADA Amendments Act of 2008 Section 4 amends the Americans with Disabilities Act of 1990 (ADA) • redefines the term "disability," including definition of "major life activities" and "being regarded as having such an impairment." • Sets forth rules of construction for the definition of "disability," including that: • such term shall be construed in favor of broad coverage of individuals under the Act; • an impairment that substantially limits one major life activity need not limit other major life activities in order to be a disability; • an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active; and • the determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of specified mitigating measures.

5. ADA Amendments Act of 2008 Section 5 : • prohibitsemployment discrimination against a qualified individual on the basis of disability. (Current law prohibits employment discrimination against a qualified individual with a disability because of the disability.) • prohibits the use of qualification standards, employment tests, or other selection criteria based on an individual's uncorrected vision unless the standard, test, or other selection criteria, as used by the covered entity, is shown to be related to the position and is consistent with business necessity.

6. ADA Amendments Act of 2008 • Section 6 declares that nothing in the Act: • alters the standards for determining eligibility for benefits under state worker's compensation laws or under state and federal disability benefit programs; • alters the requirement to make reasonable modifications in policies or procedures, unless such modifications would fundamentally alter the nature of the goods, services, facilities, or accommodations involved; or • provides the basis for a claim by an individual without a disability that the individual was subject to discrimination because of the individual's lack of disability. • It also declares that the authority of the Equal Employment Opportunity Commission (EEOC), the Attorney General, and the Secretary of Transportation to issue regulations includes the authority to issue regulations implementing the definitions of this Act.

7. ADA Amendments Act of 2008 Section 7 - • Makes conforming amendments to the Rehabilitation Act of 1973. Reference: GovTrack.us. S. 3406--110th Congress (2008): ADA Amendments Act of 2008, GovTrack.us (database of federal legislation) <http://www.govtrack.us/congress/bill.xpd?bill=s110- 3406&tab=summary> (accessed Jan 12, 2009)

8. Rehabilitation Act of 1973 • People with disabilities can apply for services to help them seek employment • Provides services (i.e. personal adjustment training, supported employment, counseling, vocational testing, job coaching) to assist people with disabilities to find and maintain employment

9. Workforce Investment Partnership Act of 1998 (P.L. 105-220) • Seeks to consolidate, coordinate, and improve employment, training, literacy, and vocational rehabilitation programs in the United States

10. Tech Act Technology-Related Assistance to Individuals with Disabilities Act of 1998 (P.L.105-394, S.2432) - Tech Act • Provides funding on a state level for states to develop a statewide system to deliver assistive technology devices and services to individuals with disabilities of all ages

11. References • Smith, D.D. (2004). Introduction to special education. Boston, MA: Pearson Education, Inc. • Turnbull, A., Turbull, R. & Wehmeyer, M.L. (2007). Exceptional lives. Fifth Edition. Upper Saddle River, NJ: Pearson Merrill Prentice Hall.

12. Contact Information DeAnn Lechtenberger, Ph.D. Principle Investigator deann.lechtenberger@ttu.edu Tonya Hettler, Grant Manager tonya.hettler@ttu.edu Webpage: www.projectidealonline.org Phone: (806) 742-1997, ext. 302 The views contained herein do not necessarily reflect the position or policy of the funding agency[s]. No official endorsement should be inferred.