During the past few decades, a growing number of federal laws have been enacted to prevent discrimination against individuals with disabilities in employment, education, public services, transportation, and other areas. The laws also ensure that reasonable accommodation is offered so that people with disabilities can fully participate in school and at work.
The Americans With Disabilities Act (ADA)
Under this landmark piece of legislation, employers with 15 or more workers are generally required to provide reasonable accommodation for an employee with a disability. What constitutes reasonable accommodation can vary tremendously, depending on the employee’s needs.
But employers do not have to provide accommodations that “impose an undue hardship on the operation of the business.” The definition of “undue hardship” will largely depend on the type and size of the business.
“The ADA allows working adults with DMD to receive workplace accommodations to optimize their employment without limiting their opportunity to work and prosper just as their coworkers,” says Clarissa Aguirre, DPT, a board-certified pediatric physical therapist at Village Pediatric Therapy in Yorba Linda, California.
Individuals With Disabilities Education Act (IDEA)
IDEA ensures that children with disabilities receive a free appropriate public education with the specialized services that they need to attend school. The legislation also mandates that eligible students receive their education in the least restrictive environment (LRE). This means that schools must put eligible disabled students in classes with nondisabled students whenever possible, while making sure they have the accommodations and services they need.
Each student is entitled to an individualized education program (IEP) that outlines specific educational goals, services, and accommodations. It’s reviewed every year.
Rehabilitation Act
This 1973 law set the stage for most legislation guaranteeing rights for people with disabilities.
Section 501 prohibits disability discrimination for most jobs with the federal government. Section 504 applies to programs and activities that receive federal funding, which includes public education and some employers.
In school, a 504 plan is another tool to remove barriers for children with a physical or mental impairment.
“Where families get frustrated is that the law sounds strong on paper, but you still have to push to make it real,” says Lisa Lightner, a special education advocate and the founder of A Day in Our Shoes, which helps parents navigate the various laws. “Schools don’t always connect the dots unless you make it very clear what your child actually needs.”
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