Vocational Rehabilitation Acts

• Dates back to 1918 when the federal government supported rehabilitation for veterans returning from World War I
• Originally served persons with physical disabilities but has expanded to serve the diverse group of individuals with disabilities in employment
• Vocational rehabilitation provides time limited services available to students with disabilities exiting school
• It is important for educators to understand the eligibility and types of services available to students exiting school
• Educators must also understand the basis for accommodations provided to persons with disabilities under Section 504 of the Vocational Rehabilitation Acts
• The Vocational Rehabilitation Acts do not require modification of admission or program requirements-they require that programs provide reasonable accommodation based on the individual's disability
• The Vocational Rehabilitation Acts prevent discrimination in any major life activity

• Vocational Rehabilitation Acts of 1973 (PL 93-112)
  • Section 503
    • federal policy and leadership in the practices of hiring, training, advancing, and retaining qualified persons with disabilities
    • covered all government employees and employers under contract with the federal government
• Section 504
  • impacts education and training of persons with disabilities (learning is identified as a major life activity)
  • contains statement "no otherwise qualified handicapped individual in the United States, as defined by Section 7(6) shall, solely by the reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance."
  • requires secondary and post secondary educational intuitions receiving federal funds to provide reasonable accommodations to students with disabilities
  • students with disabilities, who do not qualify for special education, must be provided reasonable accommodations
  • section 504 plan addresses the needed qualifications and every school district should have a designated person to oversee Section 504 policies
  • students with Attention Deficit Disorder, Physical Disabilities, Visual or Hearing Impairments (who do not qualify for Special Education services) would be likely candidates
  • examples of reasonable accommodations--
    • untimed tests, enlarged print, note-taker, notebook computer,interpreters

• Rehabilitation Acts of 1983 and 1986
• provided funds for supported employment services for persons with severe disabilities
  • opportunity to work in integrated settings, earn wages, and receive ongoing support
• provided funds for system change in providing integrated employment opportunities

• Rehabilitation Act of 1992 (PL 102-569)
  • known as a consumer empowerment bill
  • purpose was "to empower individuals with disabilities to achieve economic self-sufficiency, independence, and inclusion and integration into society" (NISH, 1996, p. 5)
  • prioritized individuals with severe disabilities
  • the definition of transition services reflected the definition provided by IDEA of 1990
  • encouraged collaboration between schools and rehabilitation services
  • significant change in determining eligibility for rehabilitation services
    • indicated that existing assessment data (providing by the person with disability, the family, the school) should be used to determine eligibility for vocational rehabilitation services
      • Makes it important for school personnel to have assessment information that support students' needs and goals for employment
      • Important that educators realize that rehabilitation services are based on eligibility criteria
        • documented disability
        • disability requires rehabilitation services to enter employment
        • individual can benefit in employment or independent living
      • Important that educators realize that rehabilitation funds are limited and states must follow an "order of selection" process if all individuals with disabilities are not served (educators should be familiar with this process of prioritization)

• Rehabilitation Acts of 1998,Tile IV (PL105-220)
  • linked the state vocational rehabilitation system to the state work force investment system
  • programs are to be coordinated and administered through a state workforce system
    • those who don't meet the "order of selection" process would be able to access other programs through the state workforce system
    • states developed "one-stop shopping" centers (Minnesota Workforce Center Locations) housing professionals from various vocational, labor and rehabilitation programs
    • themes
      • empowering individuals with disabilities was strengthened; emphasis on informed choice (self-determination)
      • Individualized Plan for Employment (IPE) replaced IWRP (similar to an IEP)
      • Educators should be aware that individuals with disabilities who receive Supplemental Security Insurance (SSI) may be eligible for vocational rehabilitation services under the definition of significant disability
        • SSI provides monthly payments to an individual with a disability when there is limited income
        • Teachers should encourage students and their families to explore benefits through their local social security office (www.ssa.gov/work)

Americans with Disabilities Act (ADA)

• Passed in 1990
• Provides broad civil rights protection to persons with disabilities
  • in all areas of citizenship
• Established policies for nondiscrimination in the private sector
  • education
  • employment
  • public services
  • public accommodations
  • transportation
  • telecommunication
• Extends 504 rights of the Vocational Rehabilitation Act to the private sector
  • access to and reasonable accommodation in employment, schools, community

• Five Titles:
1. Employment-requires private and public employees to make reasonable accommodations to qualified individuals with disabilities

Employers will only need to make accommodations if a disability is disclosed. Students will need to decide when to disclose their disability as well as how to explain their need for reasonable accommodation.

2. Public Services-extention of 504 in prohibiting discrimination by any program, activity, or service of state or local governments regardless if they receive federal funds. The title also includes provisions for making public transportation accessible.
3. Public Accommodations-includes businesses and services that are used routinely by most people (e.g., restaurants, stores, parks, movie theaters, hotels)
4. Telecommunications-voice and nonvoice systems
5. Miscellaneous-persons with disabilities do not have to accept offered accommodations, services, or benefits that they do not want to accept.

Social and physical environments create barriers for persons with disabilities and limit their involvement in activities and environments. The goal of ADA is to enhance opportunities for persons with disabilities to contribute and participate in society.

It is important for students in transition to know and understand their rights and protection available to them through ADA. We can enhance students' transition by teaching them about Section 504 of the Vocational Rehabilitation Act and the ADA as well as providing parents with information about these laws.

Workforce Investment Act (WIA) of 1998, PL 105-220

• purpose was to consolidate, coordinate, and improve employment, training, literacy, and vocational rehabilitation programs
• creates comprehensive job-training system consolidating many federally funded employment and training programs
• purpose was to help consumers identify the range of workforce options and to develop a one-stop delivery system (Minnesota Workforce Center Programs)

  Students should develop and understanding of Workforce Investment Centers and the services they offer. Teachers should encourage visits as well as providing community based instruction to facilitate student understanding of this service system. (Minnesota Workforce Center Training Resources)

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