American Disabilities Act (ADA) Home Page

• (a) No qualified individual with a disability shall, on the basis of disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity.
• (b)
  • (1) A public entity, in providing any aid, benefit, or service, may not, directly or through contractual, licensing, or other arrangements, on the basis of disability—
    • (i) Deny a qualified individual with a disability the opportunity to participate in or benefit from the aid, benefit, or service;
    • (ii) Afford a qualified individual with a disability an opportunity to participate in or benefit from the aid, benefit, or service that is not equal to that afforded others;
    • (iii) Provide a qualified individual with a disability with an aid, benefit, or service that is not as effective in affording equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement as that provided to others;
    • (iv) Provide different or separate aids, benefits, or services to individuals with disabilities or to any class of individuals with disabilities than is provided to others unless such action is necessary to provide qualified individuals with disabilities with aids, benefits, or services that are as effective as those provided to others;
    • (v) Aid or perpetuate discrimination against a qualified individual with a disability by providing significant assistance to an agency, organization, or person that discriminates on the basis of disability in providing any aid, benefit, or service to beneficiaries of the public entity’s program;
    • (vi) Deny a qualified individual with a disability the opportunity to participate as a member of planning or advisory boards;
    • (vii) Otherwise limit a qualified individual with a disability in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others receiving the aid, benefit, or service.

Assistive Technology Act

•  which defined an assistive technology device as “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 functional capabilities of individuals with disabilities.” The AT Act also defined assistive technology services as “any service that directly assists an individual with a disability in selection, acquisition, or use of an assistive technology device.” The Tech Act authorized funding for states to conduct needs assessments and develop and implement a consumer responsive system of technology-related assistance. State AT Programs are required to serve all people with all types of disabilities, regardless of age.

Developmental Disabilities Assistance and Bill of Rights Act 

• Assures that the individuals with Developmental Disabilities and their families participate in the design of and have access to needed community services, individualize supports, and other forms of assistance that promote self-determination, independence, productivity, integration and inclusion in all facets of community life.

Family Educational Rights and Privacy Act (FERPA)

• The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.
• FERPA gives parents certain rights with respect to their children’s education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are “eligible students.”
• Parents or eligible students have the right to inspect and review the student’s education records maintained by the school. Schools are not required to provide copies of records unless, for reasons such as great distance, it is impossible for parents or eligible students to review the records. Schools may charge a fee for copies.
• Parents or eligible students have the right to request that a school correct records which they believe to be inaccurate or misleading. If the school decides not to amend the record, the parent or eligible student then has the right to a formal hearing. After the hearing, if the school still decides not to amend the record, the parent or eligible student has the right to place a statement with the record setting forth his or her view about the contested information.
• Generally, schools must have written permission from the parent or eligible student in order to release any information from a student’s education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31):
  • School officials with legitimate educational interest;
  • Other schools to which a student is transferring;
  • Specified officials for audit or evaluation purposes;
  • Appropriate parties in connection with financial aid to a student;
  • Organizations conducting certain studies for or on behalf of the school;
  • Accrediting organizations;
  • To comply with a judicial order or lawfully issued subpoena;
  • Appropriate officials in cases of health and safety emergencies; and
  • State and local authorities, within a juvenile justice system, pursuant to specific State law.

Individual with Disabilities Educational Act (IDEA)

• To ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living;
  (b) To ensure that the rights of children with disabilities and their parents are protected;
  (c) To assist States, localities, educational service agencies, and Federal agencies to provide for the education of all children with disabilities; and
  (d) To assess and ensure the effectiveness of efforts to educate children with disabilities.
• Assistive Technology Services
  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) Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices;
  (d) Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;
  (e) Training or technical assistance for a child with a disability or, if appropriate, that child’s family; and
  (f) Training or technical assistance for professionals (including individuals providing education or rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of that child.
• Transition Service
  (a) Transition services means a coordinated set of activities for a child with a disability that—
  (1) Is designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child’s movement from school to post-school activities, including postsecondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation;
  (2) Is based on the individual child’s needs, taking into account the child’s strengths, preferences, and interests; and includes—
  (i) Instruction;
  (ii) Related services;
  (iii) Community experiences;
  (iv) The development of employment and other post-school adult living objectives; and
  (v) If appropriate, acquisition of daily living skills and provision of a functional vocational evaluation.
  (b) Transition services for children with disabilities may be special education, if provided as specially designed instruction, or a related service, if required to assist a child with a disability to benefit from special education.

Rosa’s Law

a reference to ‘‘an intellectual disability’’ shall mean
a condition previously referred to as ‘‘mental retardation’’, or
a variation of this term, and shall have the same meaning
with respect to programs, or qualifications for programs, for
individuals with such a condition; and
(2) a reference to individuals with intellectual disabilities
shall mean individuals who were previously referred to as
individuals who are ‘‘individuals with mental retardation’’ or
‘‘the mentally retarded’’, or variations of those terms

Section 504 of the Rehabilitation Act of 1973

• Section 504 of the Rehabilitation Act of 1973 is a federal law, codified at 29 U.S.C. § 794, that prohibits discrimination on the basis of disability in federally-assisted programs or activities. Specifically, Section 504 states: No otherwise qualified individual with a disability in the United States. . .shall, solely by reason of her or his disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program, service or activity receiving federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service. This means that Section 504 prohibits discrimination on the basis of disability in any program or activity that receives financial assistance from any federal agency
• Reasonable Accommodations

A reasonable accommodation is a change, adaptation, or modification to a policy, program, service, or workplace which will allow a qualified person with a disability to participate fully in a program, take advantage of a service, or perform a job. Reasonable accommodations may include, for example, those which may be necessary in order for the person with a disability to use and enjoy a dwelling, including public and common use spaces. Since persons with disabilities may have unique needs due to their disabilities, in some cases, simply treating persons with disabilities exactly the same as others may not ensure that they have an equal opportunity to use and enjoy a dwelling.