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Today I want to talk about the legal environment for people with disabilities
in the United States.
When I teach education courses, one exam question I always ask
is whether a free,
appropriate public education
is a constitutional right.
Some future teachers always miss that question.
There is nothing in the constitution, the bill of rights
or any constitutional
amendments about the right to a public education.
In fact, it is less than 40 years
since legislation has passed in this country
they guaranteed education
to all children
regardless of ability or disability.
Before the passage of the three laws I am going to describe,
children with physical or mental disabilities
were excluded from the public schools.
Parents either had to pay for private schools that specialized in educating them,
place them in residential institutions
or care for them at home.
There are many good books and films that can be used to understand the changes
that have occurred because of the laws passed
in this country between 1970 and now.
One that I highly recommend
is the feature film,
Music Within, based on the life of actviist Richard Pimentel.
Three key laws dealing with disabilities
have been enacted by the United States Congress.
The Individuals with Disabilities Education Act,
usually referred to as IDEA,
was passed in 1975.
The Rehabilitation Act was passed in 1973
but did not become effective
until 1977.
The broadest reaching legislation
is the Americans with Disabilities Act
referred to as ADA
which passed in 1990.
These three pieces of legislation differ in who
they cover.
The IDEA only covers K-12
public schools
although there are provisions of the law
dealing with services for preschool children.
The Rehabilitation Act of 1973
forbids disability discrimination
for those organizations
that receive federal funds.
The Americans with Disabilities Act
forbids discrimination against individuals with
disabilities in
employment,
public services,
public accommodations
and telecommunication.
The IDEA lists thirteen areas of disability
that are covered by law.
It requires a free, appropriate public education for all students in the least
restrictive environment.
Schools must prepare IEPs
for students with covered disabilities
and, according to the 1997 amendments,
schools must provide
assistive technology if it is determined necessary by the IEP team.
The Rehabilitation Act does not list specific disabilities
but uses the general description
"persons with a physical or mental impairment which substantially limits
one on more major life activities."
There are two sections of the Rehabilitation Act
that are often referred to: sections 504
and 508.
Some schools use section 504
to provide supportive services for children who do not have a qualifying
disability under IDEA.
Section 504 students do not need an IEP.
Section 508 refers to electronic and information technology
such as computers
and telephones.
ADA is the most far reaching law.
The authors of ADA were able to use experiences of individuals and
organizations covered by IDEA
and the Rehabilitation Act
to assist them in drafting the legislation.
Initial implementation of ADA has focused
on physical barriers such as ramps,
accessible bathrooms and aisle width.
We have explored how the schools have implemented the three laws
that forbid disability discrimination.
These changes have provided changed expectations for parents and children
using the library.
In addition,
libraries need to determine whether they are meeting both the letter
of the law
and the spirit of the law
in their services.