1CIDNY-Queens Introduction to Disability Rights Introduction to Disability Rights This presentation was created for CIDNY-Queens by Jaclyn Okin Barney, Esq.

Major Disability Rights Laws There are four major laws that protect people with disabilities: Americans with Disabilities Act (ADA) Section 504 of the Rehabilitation Act Individuals with Disabilities Education Act (IDEA) Fair Housing Laws 2CIDNY-Queens Introduction to Disability Rights

A Little History of People with Disabilities Throughout history people with disabilities were feared and ignored. People with disabilities were institutionalized and completely segregated from society, sometimes starting at birth. CIDNY-Queens Introduction to Disability Rights3

Deinstitutionalization Movement In the 1970’s First laws to protect people with disabilities in the community; Start of Independent Living Centers; Beginning of ‘People First’ movement; Start of laws protecting students with disabilities in schools. CIDNY-Queens Introduction to Disability Rights4

The Americans with Disabilities Act (ADA) The ADA protects people with disabilities in: 1.Employment 2.Services from the Government 3.Public accommodations (like restaurants, theaters, etc.) 4.Transportation CIDNY-Queens Introduction to Disability Rights5

The ADA and Employment The ADA protects a person with a disability from being discriminated against in all areas of employment. A person with a disability must be qualified to perform the essential functions of a job with or without reasonable accommodation. CIDNY-Queens Introduction to Disability Rights6

The ADA and State and Local Governments People with disabilities are protected from discrimination by state and local governments in: Employment Physical Access Integrated Settings CIDNY-Queens Introduction to Disability Rights7

An Integrated Setting An integrated setting is where goods, services or programs are given to people with disabilities alongside people without disabilities. In other words, people with disabilities cannot be left out of a program or a service. CIDNY-Queens Introduction to Disability Rights8

Section 504 of the Rehabilitation Act Section 504 Prevents discrimination of people with disabilities in any program that gets money from the federal government. Includes protection in employment, educational placements, and in general government programs and services. CIDNY-Queens Introduction to Disability Rights9

Individuals with Disabilities Education Act (IDEA) IDEA means that students (ages 3-21) can get education in their local school districts. CIDNY-Queens Introduction to Disability Rights10

Under the IDEA: Students with disabilities can get a free and appropriate education (FAPE) in the least restrictive environment (LRE). A student’s special education program is outlined in an Individualized Education Program (IEP). CIDNY-Queens Introduction to Disability Rights11

Two major differences between the IDEA, Section 504, and the ADA 1. The IDEA only supports students in schools until they are 21. Once a student graduates or finishes high school, the IDEA is over. Section 504 and the ADA cover people throughout their lives. CIDNY-Queens Introduction to Disability Rights12

Two major differences between the IDEA and 504/ADA (cont’d) 2.The IDEA ensures that students automatically have rights to receive an education: Students with disabilities will receive services under the IDEA. In order to get protections under 504 or the ADA, you need to ask for them. CIDNY-Queens Introduction to Disability Rights13

The Fair Housing Laws These laws: Protect people with disabilities from discrimination in housing, including buying or renting. Require landlords to make some exceptions in their policies so that people with disabilities have equal access to housing opportunities CIDNY-Queens Introduction to Disability Rights14