Docstoc

Disability Rights

Document Sample
Disability Rights Powered By Docstoc
					Disability Rights

          A HISTORY
Importance of the federal response to
         disabled veterans
          Department of War
        Veterans Administration
       Smith-Fess Vocational
        Rehabilitation Act
 Following each of the major wars of the 20th
  century,Congress responded to the needs of
  returning veterans with rehabilitation
  legislation
 But in 1920 Congress passed the Civilian
  Vocational Rehabilitation Act .
Smith-Fess

 It established a civilian vocational
  rehabilitation program under the Federal
  Board for Vocational Education to be
  funded on a 50-50 matching basis with the
  states.
 The funding could be used for vocational
  guidance, training, occupational adjustment
  services, and job placement.
The Precursor to Smith-Fess: The
Rehab Act of 1918-A Turning Point
   After the war, U.S. towns and cities suddenly had
    lots of physically disabled veterans wandering
    around without jobs.
   Americans rejected the European approach -
    building large institutions where the veterans and
    their families could live for free. Instead, Congress
    passed legislation to get them back to work and
    passed the Soldiers Rehabilitation Act of 1918.
Benefits of Government
intervention
   In World War I, only about 2 percent of
    veterans with spinal-cord injuries survived
    more than a year, but three decades later
    during World War II, the discovery of
    antibiotics and more sophisticated medical
    interventions brought the survival rate up to
    85 percent
Benefits(Cont.): The
Rehabilitation Act of 1943
   In 1943, people with mental retardation
    were included in the legislation, making
    vocational training available to them for the
    first time.
Rehab act of 43
             It also changed the type of
              services the government provided
              for vocational rehabilitation.
             In addition to training and
              guidance, VR started paying for
              certain types of treatments to
              correct disabilities(cataracts,
              orthopedic services, rehab
              therapy, hearing aids).
Post WWII

   the end of World War II
    changed VR when it flooded
    the nation with wounded
    veterans.
   More progress in medicine
    meant not only that more
    people survived the war, but
    also they survived with
    greater variety of disabilities.
Post WWII

               In addition to veterans with
                loss of limbs, vision or
                hearing, there were now
                people in wheelchairs,
                people with head injuries,
                people with epilepsy, and
                people with seizure
                disorders.
Rehab Act of 54

   Professionalization: the
    Rehabilitation Act of
    1954 started federal
    funding of research on
    vocational rehabilitation
    and funding of advanced
    college training programs
    in rehabilitation
    counseling.
Rehab Act of 54

   Rehabilitation counselors became trained
    professionals, and research offices sprang
    up. This eventually led to the creation of the
    National Institute on Disability and
    Rehabilitation Research (NIDRR) in the
    U.S. Department of Education.
From Benefits to Accessibility

   none of this legislation, however included
    any consideration of building accessibility.
    The entire focus was on the clinical
    impairments of people with disabilities and
    their management
1st Efforts to address issues of “reasonable
accommodation” in building design:

   1958 conference sponsored by the
    President's Commission on Employment of
    the Handicapped, the National Easter Seal
    Society, and the American National
    Standards Institute
    Outcomes of 1958 conference
 With a grant from the Easter Seal
  Foundation, the ideas generated at the
  1958 conference were developed by
  Timothy Nugent at the Rehabilitation
  Center at the University of Illinois.
 Oversight was provided by a committee of
  representatives from government,
  advocacy, health, trade, and professional
  associations.
Outcomes of 1958 conference
             the standards that were
              developed by the 1958
              conference, Nugent and the
              oversight entities described the
              minimal features required to
              remove the major barriers that
              prevent many persons from
              using buildings and facilities
              and became the first
              scientifically developed design
              guideline on accessibility in
              the world.
Smith-Fess is Amended
In 1965 the Smith-Fess Rehabilitation Act was amended to
   address physical barriers to access in federal buildings.
65 Amendment to Smith-Fess

 The National Commission on Architectural
  Barriers was established and three years
  later issued a report titled "Design for All
  Americans",
 addressed the remarkable lack of awareness
  of American businesses, public officials,
  and design and construction professionals to
  the existence of barriers to access.
    Architectural Barriers Act (68)
   After additional study of the issue of physical
    accommodation in buildings by the government, the
    Architectural Barriers Act was passed by Congress
Architectural Barriers Act

   The Act
    mandated that
    buildings
    designed,
    constructed,
    altered, or leased
    with federal
    funds would
    comply with
    standards for
    accessibility.
    Architectural Barriers Act




   It established three federal agencies that would set
    standards—1. the General Services Administration,
   2. the Department of Housing and Urban Development,
    3. the Department of Defense.

   The Act required two majors amendments (1970 and
    1976) before it started to have a significant effect on the
    accessibility of public buildings.
    The Rehabilitation Act of 1973
       The ‘disability rights
    movement’ has its roots in the
    civil rights movement of the
                1960's.

The Civil Rights Act of 1964,
  focused on the elimination of
racial discrimination and set the
 stage for a number of minority
 groups to broaden its coverage
 and use its mandate to demand
             equality.
Civil Rights: Rehab Act of 73

                The disability rights
                 movement began to be a
                 force and have its
                 agendas recognized in
                 legislation during the
                 1970's, starting with the
                 Rehabilitation Act of
                 1973.
Disability Rights/Activism

   Prior to the 1970’s there had been
    significant efforts by people with
    disabilities to advocate for change:
    Example 1(organizations): the League
    of the Physically Handicapped
   Wednesday, May 29, 1935, six young adults—
    three women and three men—entered New York
    City's Emergency Relief Bureau (ERB),
    demanding to see the Director.
   Told he would be unavailable until the next week,
    they declared they would sit there until he met
    with them or, one vowed, until "hell freezes
    over.“
    The next day a large crowd backed the
    demonstrators and demanded jobs for themselves.
Organizations (cont)

   Disabled Women's Coalition founded at UC
    Berkeley by Susan Sygall and Deborah
    Kaplan. The coalition ran support groups,
    held disabled women's retreats, wrote for
    feminist publications, and lectured on
    women and disability.
Organizations (cont)

   Black Deaf Advocates:
   oldest and largest
    consumer
    organization of
    deaf and hard of
    hearing black deaf
    people in the
    United States
    (1982).
#2: Independent Living
Movement
 Ed Roberts and his peers at Cowell (UC
  Berkeley Health Center) formed a group
  called the Rolling Quads.
 The Rolling Quads form the Disabled
  Students' Program on the U.C. Berkeley
  campus.
Independent living movement

   Ed Roberts and his associates establish a
    Center for Independent Living (CIL) in
    Berkeley, CA for the community at large.
    The center was originally in a roach-
    infested two-bedroom apartment until the
    Rehabilitation Administration gave them a
    $50,000 grant in 1972.
    The Rehabilitation Act of 1973 and Section
    504: the outgrowth of organization, ideology
    and activism
 The importance of the
  Rehabilitation Act comes from
  the fact that its language,
  especially Section 504, echoes
  Title VII of the 1964 Civil
  Rights Act.
 Signed into law by Richard
  Nixon, the law was an
  important step for people with
  disabilities……….
Rehabilitation Act of 73
   Section 504 was the first statutory definition
    of discrimination towards people with
    disabilities. Although it did not have the
    scope of the Civil Rights Act of 1964 and
    only outlawed discrimination by those
    entities that received federal funds, it was a
    crucial factor in shifting disability issues to
    a political and civil rights context.
Rehabilitation Act of 73

   The Act survived 2 presidential vetoes, suggesting
    that Congress finally understood the social
    significance of the issues.

   The Act laid important groundwork for change but
    did not address implementation; it took four more
    years for the regulations enforcing Section 504 of
    the Rehabilitation Act to be issued in 1978.
Concepts coming out of the new era of
disability rights and legislation
   1.program accessibility
   2.mainstreaming
   3.independent living
   1.program accessibility
2.mainstreaming 3.independent
            living
Three important new concepts emerged
during the 1970's—program accessibility,
 mainstreaming, and independent living.
While none of them directly addressed the
 specific technical issues of accessibility,
       each had implications for the
accommodation of people with disabilities
  by organizations that own and operate
                 buildings.
Program Accessibility
       Section 504 introduced the concept of
       “program accessibility”, which allowed
      programs to achieve accessibility by being
              "viewed in their entirety."
   This permitted some flexibility for compliance.
    -For example, a community program could
     relocate activities to a physically accessible
       space instead of costly renovations to an
                   existing location.
2. mainstreaming
         In 1975, Congress passed the Education
          for All Handicapped Children
          Act, mandating free, appropriate
          public education for children with
          disabilities. This legislation introduced
          the concept of mainstreaming, ensuring
          children with disabilities an education
          in the least restrictive environment—
          when possible, the same environment
          as children without disabilities.
3. Independent living
   The independent-living concept, first talked about
    in rehabilitation circles in the 1950's and 1960's as
    a full menu of services provided by expert
    professionals to people with disabilities, was
    redefined by the disability movement as a self-
    help empowerment movement to liberate people
    with disabilities from the traditional concept of
    dependency, especially in their choice of living
    environments.
1980’s
            The 1980's were a
             difficult period for
             people with disabilities
             because the prevailing
             notion that the “best
             government was no
             government” threatened
             to undo hard won rights.
The 1980’s

          In spite of efforts by detractors, the
           disability movement was successful in
           opposing attempts to deregulate Section
           504 and the Architectural Barriers Act,
           achieving some bipartisan support and
           making apparent its potential political
           power. The groundswell of response from
           parents had a profound effect on George
           Bush, who chaired the Commission on
           Regulatory Relief.
80’s(cont)

 In 1981, the Architectural and
  Transportation Barriers Compliance
  Board (ATBCB) first issued its
  "Minimum Guidelines and Requirements
  for Accessible Design,"
 the new Reagan appointees on the
  ATBCB proposed were not enthusiastic.
MGRAD: Minimum Guidelines and
Requirements for Accessible Design

                   These established the basic
                    underpinnings for the Uniform
                    Federal Accessibility Standards
                    (UFAS) issued by four federal
                    agencies: General Services
                    Administration, Department of
                    Defense, Department of
                    Housing and Urban
                    Development, and the U.S.
                    Postal Service.
Fair Housing Amendments Act

 The   Fair Housing Amendments Act,
      the prelude to the Americans with Disabilities Act,
 expanded the protections of the Civil Rights Act of 1968 to
    include both people with disabilities and families with
 children. It expanded the scope of accessible housing from
   that which received public funds to all new multifamily
  housing with four or more units, both public and private.
   For the first time, a person with a disability
    could reasonably expect to be able to seek
      accessible housing in the open market.
ADA
   In 1988, the first
    version of the
    Americans with
    Disabilities Act went
    before Congress,
    crafted not by radicals
    in the disability
    movement, but by
    Reagan appointees to
    the National Council
    on Disability.

                        ADA

   At this time the disability movement, from
    the conservative to the radical wing of the
    movement, was unified in the view that
    what was needed was not a new and better
    brand of social welfare system, but a
    fundamental examination and redefinition
    of the democratic tradition of equal
    opportunity and equal rights.
ADA




   in 1990, President George Bush held the
    largest signing ceremony in history on the
    south lawn of the White House, an historic
    moment for all people with disabilities.

				
DOCUMENT INFO