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Americans with disabilities are a significant minority group in the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
, making up a fifth of the overall population and over half of Americans older than eighty. There is a complex history underlying the United States and its relationship with its disabled population, with great progress being made in the last century to improve the livelihood of disabled citizens through legislation providing protections and benefits. Most notably, the
Americans with Disabilities Act The Americans with Disabilities Act of 1990 or ADA () is a civil rights law that prohibits discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964 ...
is a comprehensive anti-discrimination policy that works to protect Americans with disabilities in public settings and the workplace.


Definitions

According to the Social Security Advisory Board, when the federal government first began provisioning funds for state-run disability assistance programs, eligible beneficiaries were defined as needing to be "totally and permanently disabled." In 1956, this definition was expanded by the Disability Insurance Program to describe disability as the "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or to be of long-continued and indefinite duration." Critics indicated that this language limited the concept of disability to an occupational scope, and more holistic definitions were adopted as time passed. The modern consensus on disability within governmental, medical, sociological realms in the United States is that it includes impairments that either physically or mentally incapacitate individuals from engaging in significant life activities, or the perception of possessing such an impairment. For instance, in a 2013 study, the
Centers for Disease Control and Prevention The Centers for Disease Control and Prevention (CDC) is the national public health agency of the United States. It is a United States federal agency, under the Department of Health and Human Services, and is headquartered in Atlanta, Georg ...
(CDC) evaluated disability across five dimensions: vision, cognition, mobility, self-care, and independent living. Specific conditions that fall under this umbrella vary circumstantially, however it is broadly accepted that disability includes, but is not limited to the following: *
Autism The autism spectrum, often referred to as just autism or in the context of a professional diagnosis autism spectrum disorder (ASD) or autism spectrum condition (ASC), is a neurodevelopmental condition (or conditions) characterized by difficulti ...
*
Autoimmune conditions An autoimmune disease is a condition arising from an abnormal immune response to a functioning body part. At least 80 types of autoimmune diseases have been identified, with some evidence suggesting that there may be more than 100 types. Nearly a ...
(ex.
lupus Lupus, technically known as systemic lupus erythematosus (SLE), is an autoimmune disease in which the body's immune system mistakenly attacks healthy tissue in many parts of the body. Symptoms vary among people and may be mild to severe. Commo ...
,
fibromyalgia Fibromyalgia (FM) is a medical condition defined by the presence of chronic widespread pain, fatigue, waking unrefreshed, cognitive symptoms, lower abdominal pain or cramps, and depression. Other symptoms include insomnia and a general hyp ...
,
rheumatoid arthritis Rheumatoid arthritis (RA) is a long-term autoimmune disorder that primarily affects joints. It typically results in warm, swollen, and painful joints. Pain and stiffness often worsen following rest. Most commonly, the wrist and hands are inv ...
,
HIV/AIDS Human immunodeficiency virus infection and acquired immunodeficiency syndrome (HIV/AIDS) is a spectrum of conditions caused by infection with the human immunodeficiency virus (HIV), a retrovirus. Following initial infection an individual ...
) * Blindness or poor vision *
Cancer Cancer is a group of diseases involving abnormal cell growth with the potential to invade or spread to other parts of the body. These contrast with benign tumors, which do not spread. Possible signs and symptoms include a lump, abnormal b ...
* Cardiovascular or heart disease * Celiac disease *
Cerebral palsy Cerebral palsy (CP) is a group of movement disorders that appear in early childhood. Signs and symptoms vary among people and over time, but include poor coordination, stiff muscles, weak muscles, and tremors. There may be problems with sens ...
*
Deaf Deafness has varying definitions in cultural and medical contexts. In medical contexts, the meaning of deafness is hearing loss that precludes a person from understanding spoken language, an audiological condition. In this context it is written ...
or hard of hearing * Depression or
anxiety Anxiety is an emotion which is characterized by an unpleasant state of inner turmoil and includes feelings of dread over anticipated events. Anxiety is different than fear in that the former is defined as the anticipation of a future threat wh ...
*
Diabetes Diabetes, also known as diabetes mellitus, is a group of metabolic disorders characterized by a high blood sugar level ( hyperglycemia) over a prolonged period of time. Symptoms often include frequent urination, increased thirst and increased ...
*
Epilepsy Epilepsy is a group of non-communicable neurological disorders characterized by recurrent epileptic seizures. Epileptic seizures can vary from brief and nearly undetectable periods to long periods of vigorous shaking due to abnormal electrica ...
*
Gastrointestinal disorders Gastrointestinal diseases (abbrev. GI diseases or GI illnesses) refer to diseases involving the gastrointestinal tract, namely the oesophagus, stomach, small intestine, large intestine and rectum, and the accessory organs of digestion, the liver, ...
(ex.
Crohn's Disease Crohn's disease is a type of inflammatory bowel disease (IBD) that may affect any segment of the gastrointestinal tract. Symptoms often include abdominal pain, diarrhea (which may be bloody if inflammation is severe), fever, abdominal distensi ...
, IBS) *
Intellectual disability Intellectual disability (ID), also known as general learning disability in the United Kingdom and formerly mental retardation, Rosa's Law, Pub. L. 111-256124 Stat. 2643(2010). is a generalized neurodevelopmental disorder characterized by signif ...
* Missing limbs or partially missing limbs * Nervous system conditions (ex.
migraine headaches Migraine (, ) is a common neurological disorder characterized by recurrent headaches. Typically, the associated headache affects one side of the head, is pulsating in nature, may be moderate to severe in intensity, and could last from a few hou ...
, MS,
Parkinson's disease Parkinson's disease (PD), or simply Parkinson's, is a long-term degenerative disorder of the central nervous system that mainly affects the motor system. The symptoms usually emerge slowly, and as the disease worsens, non-motor symptoms beco ...
) * Psychiatric conditions (ex.
bipolar disorder Bipolar disorder, previously known as manic depression, is a mental disorder characterized by periods of Depression (mood), depression and periods of abnormally elevated Mood (psychology), mood that last from days to weeks each. If the elevat ...
,
major depressive disorder Major depressive disorder (MDD), also known as clinical depression, is a mental disorder characterized by at least two weeks of pervasive low mood, low self-esteem, and loss of interest or pleasure in normally enjoyable activities. Intro ...
,
PTSD Post-traumatic stress disorder (PTSD) is a mental and behavioral disorder that can develop because of exposure to a traumatic event, such as sexual assault, warfare, traffic collisions, child abuse, domestic violence, or other threats on ...
,
schizophrenia Schizophrenia is a mental disorder characterized by continuous or relapsing episodes of psychosis. Major symptoms include hallucinations (typically hearing voices), delusions, and disorganized thinking. Other symptoms include social w ...
)


History

At a federal level, legislation pertaining to disability was limited in the 18th and 19th centuries, with notable laws at that time including
an act for the relief of sick and disabled seamen An Act for the relief of sick and disabled seamen was passed by the 5th Congress. It was signed by President John Adams on July 16, 1798. The Act authorized the deduction of twenty cents per month from the wages of seamen, for the sole purpos ...
, which was signed by
John Adams John Adams (October 30, 1735 – July 4, 1826) was an American statesman, attorney, diplomat, writer, and Founding Fathers of the United States, Founding Father who served as the second president of the United States from 1797 to 1801. Befor ...
in 1798. In the early 1900s Eugenic Sterilization Laws were passed in several states, permitting governments to conduct forced sterilization on individuals with mental disorders. The 1927 Supreme Court case '' Buck v Bell'' upheld the constitutionality of such legislation, with such laws being banned nearly half a century later with the 1978 Federal Sterilization Legislation, although loopholes have been exploited with such sterilizations continuing into modern times. The burgeoning of disability rights legislation in the 1900s came after World War I with congress' establishment of the Rehabilitation Programs, which provided education and healthcare support to recovering veterans. Significant progress came in the 1930s with the presidential election of Franklin D. Roosevelt, who was physically disabled himself, and his signage of the
Social Security Act The Social Security Act of 1935 is a law enacted by the 74th United States Congress and signed into law by US President Franklin D. Roosevelt. The law created the Social Security program as well as insurance against unemployment. The law w ...
. Progress towards disability justice came in hand with the civil rights movement in the latter half of the 20th century. In 1961 the
American National Standards Institute The American National Standards Institute (ANSI ) is a private non-profit organization that oversees the development of voluntary consensus standards for products, services, processes, systems, and personnel in the United States. The orga ...
published a document overviewing building accessibility limitations for physically disabled individuals, which supported the passage of the Architectural Barriers Act of 1968 and encouraged several states to adopt inclusive accessibility legislation in the '70s. Additionally in the 1960s,
Medicaid Medicaid in the United States is a federal and state program that helps with healthcare costs for some people with limited income and resources. Medicaid also offers benefits not normally covered by Medicare, including nursing home care and per ...
and the Mental Retardation Facilities and Community Mental Health Centers Construction Act were passed, allocating funds towards healthcare and the developments of statewide councils, advocacy frameworks, and post-secondary education pathways for disabled citizens. In the 1970s major anti-discrimination legislation was enacted with the repeal of the last " Ugly law," which permitted law enforcement to incarcerate people for appearing disabled, as well as the
1973 Rehabilitation Act The Rehabilitation Act of 1973 () is a United States federal law, codified at et seq. The principal sponsor of the bill was Rep. John Brademas (D-IN-3). The Rehabilitation Act of 1973 replaces preexisting laws (collectively referred to as the V ...
and
Individuals with Disabilities Education Act The Individuals with Disabilities Education Act (IDEA) is a piece of American legislation that ensures students with a disability are provided with a Free Appropriate Public Education (FAPE) that is tailored to their individual needs. IDEA wa ...
(IDEA) which prevented institutions that received public funding from discriminating on disability status. The 1980s oversaw saw an additional movement towards accessibility with the passage of the Air Carrier Access Act, Fair Housing Amendments Act, and Technology-Related Assistance for Individuals with Disabilities Act and justice with the creation of the Civil Rights of Institutionalized Persons Act (CRIPA). In 1990, the Americans with Disabilities Act (ADA) served as a landmark bill outlining more comprehensive protections and accommodations for the disabled community, with other legislation, introduced later that decade such as the Telecommunications Act and the Ticket to Work and Work Incentives Improvement Act (TWWIIA) expanding upon the ADA. The turn of the Millennium oversaw crucial Supreme Court cases such as '' Olmstead v. L.C.'' and '' Tennessee v. Lane'' which upheld federally outlined disability rights.


Demographics

According to the ''Disability Status: 2019 - Census 2019 Brief'' approximately 20% of Americans have one or more diagnosed psychological or physical
disability Disability is the experience of any condition that makes it more difficult for a person to do certain activities or have equitable access within a given society. Disabilities may be cognitive, developmental, intellectual, mental, physical, ...
: This percentage varies depending on how disabilities are defined. It may be helpful to note that disability in the United States is classified under different types of physical or mental impairments of which include one's ability to physically function, mental status, including decision skills and memory, the ability of sight, if they are self-sufficient, and finally, if they depend on anyone to help them do tasks . According to ''Census Brief 97-5'', "About 1 in 5 Americans have some kind of disability, and 1 in 10 have a severe disability. Not only does this statistic affect those who are disabled, but individuals with disabilities not only endure disadvantages but so do their children or possibly grandchildren as they can potentially be left facing health care disadvantages as well as education." The
United States Census Bureau The United States Census Bureau (USCB), officially the Bureau of the Census, is a principal agency of the U.S. Federal Statistical System, responsible for producing data about the American people and economy. The Census Bureau is part of th ...
is legally charged with developing information on the type and prevalence of disability in the population. Statistics reveal the highest percentage of individuals with a disability reside in southern areas such as Texas, Florida, Mississippi, and anywhere along the southern coast. The states that include the fewest disabled individuals are western areas of which will include Wyoming, Colorado, and Utah. These disabled people are protected by three primary laws. They include the Americans with Disabilities Act,
Individuals with Disabilities Education Act The Individuals with Disabilities Education Act (IDEA) is a piece of American legislation that ensures students with a disability are provided with a Free Appropriate Public Education (FAPE) that is tailored to their individual needs. IDEA wa ...
, and Section 504 of the Rehabilitation Act. The primary purpose of collecting ACS data on disability is to help the US Congress determine the allocation of federal funds and inform policies. It is also used to identify the characteristics of the disabled population of the United States. Determining the number and geographical location of people with disabilities is crucial for policies aimed at providing services like public transportation. ACS does not directly measure disability There are other smaller survey studies that provide some insight on disability in the US. While studies like the
National Health Interview Survey The National Health Interview Survey (NHIS) is an annual, cross-sectional survey intended to provide nationally representative estimates on a wide range of health status and utilization measures among the nonmilitary, noninstitutionalized populati ...
the
Health and Retirement Study The Health and Retirement Study (HRS) is a longitudinal survey of a representative sample of Americans over age 50 conducted by the Survey Research Center (SRC) at the Institute for Social Research (ISR) at the University of Michigan in Ann Arbor ...
, the
Behavioral Risk Factor Surveillance System Individual states can add their own questions to the survey instrument, which consists of a core set of questions on certain topics like car safety, obesity, or exercise. States get funding from the federal government to administer these que ...
, and the Health, Aging, and Body Composition (Health ABC) Study are used to infer valuable disability-related health characteristics in the US population. While responses to these items are commonly refer to as "disability", it could be argued the —it uses self- and proxy-reports to evaluate perceived ability to perform functional tasks. Existing publications have delineated details on the US population regarding disability by using information from the ACS. Publications have also outlined issues with disability data in the ACS. Research on disability continues to improve, and potential remedies are found for current methodological challenges. Because of the uniqueness, regarding federal funding and policy, researchers from various fields (e.g., sociology, epidemiology, and government) make wide use of ACS data to better understand disability in the US.


African Americans

According to the 2000 U.S. Census, the African American community has the highest rate of disability in the United States at 20.8 percent, slightly higher than the overall disability rate of 19.4%. Given these statistics, it can be suggested that African Americans with disabilities experience the most severe
underemployment Underemployment is the underuse of a worker because a job does not use the worker's skills, is part-time, or leaves the worker idle. Examples include holding a part-time job despite desiring full-time work, and overqualification, in which the ...
,
unemployment Unemployment, according to the OECD (Organisation for Economic Co-operation and Development), is people above a specified age (usually 15) not being in paid employment or self-employment but currently available for work during the refe ...
, and under-education compared to other disability groups. For instance, the 2015 American Community Survey indicates that African Americans who have disabilities live in poverty at a rate of 1.5 to 2 times greater than other racial groups in America.


Criminal justice

Data obtained in the National Longitudinal Survey of Youth indicates that Black men with disabilities encounter the greatest cumulative probability of being arrested by age 28, in contrast to others with either different gender, disability, or race status. With respect to African American women re-entering society after serving time, a ''JHCPCU'' article identified disability, more specifically positive HIV/HCV status, as a major factor correlated with lowered usage of various modes of health care such as alternative and emergency care. Calls for civil rights and criminal justice reform with the
Black Lives Matter Black Lives Matter (abbreviated BLM) is a decentralized political and social movement that seeks to highlight racism, discrimination, and racial inequality experienced by black people. Its primary concerns are incidents of police bruta ...
movement have brought into public eye how Black individuals with disabilities disproportionately experience police violence. Instances cited as police brutality, such as the 2018 killing of Marcus-David Peters, an unarmed black man experiencing a mental health crisis, has motivated legislation such as Virginia's Mental Health Awareness Response and Community Understanding Services (MARCUS) alert bill, which would necessitate that cases of individual mental distress be attended to by both police and mental health professionals. Viral footage of the killing of Walter Wallace, a black man with a history of mental illness who was killed during a police encounter, has helped bring the Black Disabled Lives Matter movement into the public eye.


Education

Work published in the ''Journal of African American History'' suggest that the enduring consequences of segregation and separation of special education classrooms can potential have a negative compound effect on the quality of education for African American students with disabilities. An article in the ''Harvard Educational Review'' suggests that educational pedagogy designed to "cross-pollinate" across race and disability coalitions is an effective way to combat exclusion that particularly impacts Black disabled children.


Employment

According to a study published in the ''Journal of Disability Policy'', Black people with disabilities experience significantly higher unemployment and lower monthly wages compared to the overall disabled community and general population. A research paper in the ''Journal of Applied Rehabilitation Counseling'' reported that counseling professionals identified that disability status can limit employment prospects of Black and Latino offenders seeking work opportunities.


Healthcare

Disabled Black Americans face barriers to receiving comprehensive medical care to address their pre-existing health conditions. In studies published in the ''Journals of Applied Gerontology'' it was noted that elderly African American women face a greater likelihood of acquiring disability in comparison their white counterparts, and additionally are more likely to rely on medicaid for coverage. The same journal articles established a correlation between being uninsured or utilizing medicaid coverage with greater levels of disability. With respect to disabled youth, it was found that when controlling for socioeconomic and insurance status, Hispanic and Black children with disabilities were less likely to have received specialty medical care in comparison to children from other racial backgrounds according to research published in the journal ''PEDIATRICS''.


Disparities


Discrimination in employment

The US Rehabilitation Act of 1973 requires all organizations that receive government funding to provide accessibility programs and services. A more recent law, the
Americans with Disabilities Act of 1990 The Americans with Disabilities Act of 1990 or ADA () is a civil rights law that prohibits discrimination based on disability. It affords similar protections against discrimination to Disability in the United States, Americans with disabilities ...
(ADA), which came into effect in 1992, prohibits private employers, state and local governments, employment agencies, and labor unions from discriminating against qualified individuals with disabilities in
job application An application for employment is a standard business document that is prepared with questions deemed relevant by employers. It is used to determine the best candidate to fill a specific role within the company. Most companies provide such forms to ...
procedures, hiring, firing, advancement, compensation, job training, or in the terms, conditions, and privileges of employment. This includes organizations like retail businesses, movie theaters, and restaurants. They must make
reasonable accommodation A reasonable accommodation is an adjustment made in a system to accommodate or make fair the same system for an individual based on a proven need. That need can vary. Accommodations can be religious, physical, mental or emotional, academic, physic ...
to people with different needs. Protection is extended to anyone with (A) a physical or mental impairment that substantially limits one or more of the major life activities of an individual, (B) a record of such an impairment, or (C) being regarded as having such an impairment. The second and third criteria are seen as ensuring protection from unjust discrimination based on a perception of risk, just because someone has a record of impairment or appears to have a disability or illness (e.g. features which may be erroneously taken as signs of an illness). Employment protection laws make discrimination against qualified individuals with a disability illegal and may also require the provision of reasonable accommodation. Reasonable accommodations includes changes in the physical environment like making facilities more accessible but also include increasing job flexibility like job restructuring, part-time or modified work schedules or reassignment to vacant position. Though many hold attitudes that are more enlightened and informed than past years, the word "disability" carries few positive
connotation A connotation is a commonly understood cultural or emotional association that any given word or phrase carries, in addition to its explicit or literal meaning, which is its denotation. A connotation is frequently described as either positive ...
s for most employers. Negative attitudes by employers toward potential employees with disabilities can lead to misunderstanding and discrimination.


Healthcare disparities

The disability paradox, a concept that recognizes the tendency for individuals without disabilities to perceive their disabled counterparts as having poorer livelihoods than disabled individuals would view themselves, is perpetuated in healthcare settings, with research published in the ''Handbook of Disability Studies'' identifying that practitioners award lower quality of life scores to disabled individuals than a member of the general population would. An article in the ''Kennedy Institute of Ethics Journal'' expresses that as a consequence physicians frequently go into consults with rigid, skewed perceptions of their patient's disabilities. Anita Ho, a bioethicist, argues that heightened practitioner confidence can harmfully impact disabled individuals in this regard as it increases the likelihood that patients may distrust their physicians or conversely place excessive faith in their care provider's insight into their condition. Disparate in healthcare access also impact disabled populations, for instance, most rural areas — especially in the
Great Plains The Great Plains (french: Grandes Plaines), sometimes simply "the Plains", is a broad expanse of flatland in North America. It is located west of the Mississippi River and east of the Rocky Mountains, much of it covered in prairie, steppe, a ...
region — have little or no government-organized medical support infrastructure for the permanently disabled indigent population which results in disability in the United States not only affecting individuals physically and mentally but socioeconomically as well.


Poverty

Investigations on the "poverty and disability nexus" have consistently shown poverty and disability are correlated for all race-ethnic groups within the United States. Financial stability of people with disabilities would decrease the dependence on governmental support programs. Studies have been done with the U.S. Census Bureau data to examine the high prevalence of disabilities among welfare recipients. Thirteen percent of families with children under the age of 18, who are also receiving welfare benefits, had at least one child with a disability. Families with income below twice the poverty line were 50% more likely to have a child with a disability than those families with higher incomes. Children with disabilities from families with annual household incomes of higher than $50,000 were more likely to attend higher education. Research suggests higher education does impact employment and income opportunities for people with disabilities. It is also noted near equivocal employment opportunities and salaries for people with disabilities to their peers without disabilities. While only one-fifth of people in the United States have at least a four-year college degree, some studies note possessing a four-year degree is the difference between absolute job security and joblessness.


Public resources


Social Security Administration

The US
Social Security Administration The United States Social Security Administration (SSA) is an independent agency of the U.S. federal government that administers Social Security, a social insurance program consisting of retirement, disability and survivor benefits. To qualify f ...
(SSA), defines disability in terms of an individual's inability to perform substantial gainful activity (SGA), by which it means "work paying minimum wage or better". The agency pairs SGA with a list of medical conditions that qualify individuals for
disability benefits Disability benefits are funds provided from public or private sources to a person who is ill or who has a disability. United Kingdom In the United Kingdom disability benefits are covered by Department for Work and Pensions. There are numerous be ...
. Individuals who are disabled will receive insurance and this ensures they will always be getting paid when they must take time off work or cannot work due to the severity of their illness. The SSDI and the SSI are both social security programs that will assist in payments. The SSA makes available to disabled Americans two forms of disability benefits:
Social Security Disability Insurance Social Security Disability Insurance (SSD or SSDI) is a payroll tax-funded federal insurance program of the United States government. It is managed by the Social Security Administration and designed to provide monthly benefits to people who ...
, (SSDI) and
Supplemental Security Income Supplemental Security Income (SSI) is a means-tested program that provides cash payments to disabled children, disabled adults, and individuals aged 65 or older who are citizens or nationals of the United States. SSI was created by the Social S ...
(SSI). Briefly, the SSDI is a program that is useful in the sense that it is like welfare, but you must have been able to work enough hours throughout your life and you must have paid social security taxes in order to be approved. This benefit is most useful for those who do not have severe disabilities or illnesses because those who are immobile will not have been able to work. The good thing about this benefit does not only do it benefit the individual, but it will benefit their family members as well. To go more in-depth, Social Security pays disability benefits to citizens who have worked long enough and have a medical condition that has prevented them from working or is expected to prevent them from working for at least 12 months or end in death. Looking at the SSI, the SSI insurance, or the Social Security Insurance program, is there to pay individual benefits who could not have worked or have little capital. However, for both of these insurances, the same approval is required by the individual's disability. Some assistance ends if the beneficiary starts working. If that assistance (such as personal care or transportation) is necessary for work, it creates a
welfare trap The welfare trap (or unemployment trap or poverty trap in British English) theory asserts that taxation and welfare systems can jointly contribute to keep people on social insurance because the withdrawal of means-tested benefits that comes wi ...
where it is not possible to work despite potentially being willing and able. Some programs do provide incentives to work.


Education


K-12

Before the
Individuals with Disabilities Education Act The Individuals with Disabilities Education Act (IDEA) is a piece of American legislation that ensures students with a disability are provided with a Free Appropriate Public Education (FAPE) that is tailored to their individual needs. IDEA wa ...
was passed, children with disabilities were at-risk of not receiving a free, appropriate public education, but each act protecting the disabled individuals protects different criteria of which include differentiation in schools, the law by which schools must be up to date on the K-12 act, and equal service for the public who extend any services. For IDEA to apply, the child must first be determined to be able to benefit from public education. This benefit is not exclusively limited to school-aged children but applies to children with disabilities from infancy. Due to the societal stigma of disability, children are sometimes treated like disabled children, and not included in activities in which other children were able to participate. However, for These individuals with any type of disablement such as learning disabilities or physical disabilities, the Americans with Disabilities Act covers them. This act ensures no one is discriminated against beyond their own home of which includes work, school, and anywhere in public. The places it does not cover will include sanctioned or private areas including one's home. Educators can hold students with disabilities to lower expectations, which impacts their future educational attainment. Although their future may be impaired the K-12 act is broad amongst education and Section 504 of the Rehabilitation Act will help clarify. This act ensures individuals who attended schools, play on school sports teams, or attend any off or on-campus events will be protected unless that school is not funded by the government. These students must be given compromises that other students may not receive due to their impairments. Under the
Individuals with Disabilities Education Act The Individuals with Disabilities Education Act (IDEA) is a piece of American legislation that ensures students with a disability are provided with a Free Appropriate Public Education (FAPE) that is tailored to their individual needs. IDEA wa ...
, the school district must provide every disabled child with an Individualized Education Plan (IEP). The IEP is compiled by a team of school administrators and guardians and may include a child advocate, counselors, occupational therapists, or other specialists. The Individuals with Disabilities Education Act ensures all fees for schooling are discharged, but these children must be approved under IDEA and must be in a certain category of disabilities. This act allows for any student or child to be assessed and is provided extra incentives that may apply to their condition. The IEP also evaluates the goals for the child and determines what needs to be done in order for those goals to be met. Children with disabilities who do not have a parent or guardian advocating on their behalf are not as well served in the education system as their peers with parent or guardian advocates. Transition preparation from K-12 education to post-secondary education or career was initially written into IDEA to begin at age 12, but in the existing law, transition preparation does not begin until age 16. While this law provides a maximum age at which to begin transition preparation, students with disabilities have been known to receive transition preparation at a younger age, as the states might mandate a younger age, or the IEP team might determine a younger age is appropriate to begin the transition preparation of the student. Some students with disabilities have noted not receiving any transition preparation at all. The transition services are to be designed to be results-oriented rather than outcome-oriented. This is to ensure the transition services are designed for the student's success. Students are intended to attend their transition planning meetings with the IEP, yet not all students do. Some do attend, yet generally not take a leadership role - only fourteen percent do. This places the students with a disability in a passive role instead of an agentic role in their own life plans. In a 2007 study of a higher education institution located in the
Midwestern United States The Midwestern United States, also referred to as the Midwest or the American Midwest, is one of four census regions of the United States Census Bureau (also known as "Region 2"). It occupies the northern central part of the United States. I ...
, it was found that one-third of students with disabilities felt their transition preparation was lacking. Many in this group were unaware of laws that pertained to disability and higher education. This leaves them without an understanding of their learning needs and unable to advocate for themselves.


Higher Education

Self-advocacy plays an important role in the success of students with disabilities in higher education. While the examination of self-advocacy skills has been largely limited to the impact in academic settings, self-advocacy skills, or the lack thereof, do also impact non-academic situations. A 2004 study noted that only 3 percent of students with disabilities had self-advocacy training. Students with disabilities who are confident about their disability identity and self-advocacy skills are more likely to disclose their disabilities and advocate for their needs when interacting with faculty and staff. Advocacy service is also provided to students as staff from different programs help instructors in college, understand the needs of disabled students who are attending their classes. So much so that when disable students need extra time to complete their course then some arrangements are made to accommodate such students. Students with disabilities who were embarrassed of their disability identity and did not understand their needs as learners looked to faculty and staff for solutions to accommodation needs. Education helps students with disabilities learn self-advocacy skills that affect their ability to advocate for their health, insurance, and other needs. In spite of IDEA and Section 504 providing support for the education of people with disabilities, the educational outcomes of people with disabilities vary significantly from the outcomes of people without disabilities. After high school, a 2005 study found students with disabilities enroll in postsecondary education, whether college, technical school or vocational school, at a rate of 46% compared to the rate of 63% for students without disabilities. This rate is up 23% since 1990, when the
Americans with Disabilities Act of 1990 The Americans with Disabilities Act of 1990 or ADA () is a civil rights law that prohibits discrimination based on disability. It affords similar protections against discrimination to Disability in the United States, Americans with disabilities ...
was passed. Specifically to four-year degree-granting higher education institutions, 27% of students with disabilities attend compared to 54% of students without disabilities. High school completion and postsecondary education enrollment vary per disability type. Students with disabilities are responsible for advocating for their accommodations and needs as learners in higher education environments. Many higher education institutions have staff to work with students with disabilities on their accommodation requests. Higher education institutions do vary in process to obtain accommodations and accommodations provided. The staff members at the higher education institutions can recommend accommodations. The faculty members, however, may choose to vary or not implement the accommodations at all based upon concerns of weakening the academic integrity of the course or risking the possibility of endless accommodation requests. When working with faculty members about accommodations, nearly half of the students with disabilities recalled receiving a negative response, while the other half felt their faculty members were accommodating. For people with disabilities, having a four-year college degree provides significant employment and salary advantages.


Employment and minimum wage exemption

Disabled citizens in the United States receive Medicare insurance and social security benefits to varying degrees. For those that seek employment for therapeutic or economic reasons, the
Fair Labor Standards Act The Fair Labor Standards Act of 1938 (FLSA) is a United States labor law that creates the right to a minimum wage, and " time-and-a-half" overtime pay when people work over forty hours a week. It also prohibits employment of minors in "oppr ...
of 1938 is applicable. This act was an attempt to facilitate the large number of disabled servicemen returning from the front lines "to the extent necessary to prevent curtailment of opportunities for employment". Section 14(c) provides the employers with a method of paying their disabled employees less than applicable federal minimum wage. The Secretary of Labor issues certificates that align wages with the employee's productivity. there are 420,000 §14(c) employees being paid less than the minimum wage of $7.25 per hour. Administratively, the wage for disabled people was informally set at 75%. Those working in sheltered work centers have no minimum floor for their wage. The Fair Wages for Workers with Disabilities Act was proposed in 2013 to repeal §14(c) but was not passed.


Insurance

It is illegal for California insurers to refuse to provide
car insurance Vehicle insurance (also known as car insurance, motor insurance, or auto insurance) is insurance for cars, trucks, motorcycles, and other road vehicles. Its primary use is to provide financial protection against physical damage or bodily injury r ...
to properly licensed drivers solely because they have a disability. It is also illegal for them to refuse to provide car insurance "on the basis that the owner of the motor vehicle to be insured is blind," but they are allowed to exclude coverage for injuries and damages incurred while a blind unlicensed owner is actually operating the vehicle (the law is apparently structured to allow blind people to buy and insure cars which their friends, family, and caretakers can drive for them).


Policies and legislation

The Department of Labor's 2014 rules for federal contractors, defined as companies that make more than $50,000/year from the federal government, required them to have as a goal that 7% of their workforce must be disabled people. In schools, the ADA requires that all classrooms must be wheelchair accessible. The U.S. Architectural and Transportation Barriers Compliance Board, commonly known as the Access Board, created the Rehabilitation Act of 1973 to help offer guidelines for transportation and accessibility for physically disabled people. About 12.6% of the U.S. population are individuals who have a mental or physical disability. Many are unemployed because of prejudiced assumptions that a person with disabilities is unable to complete tasks that are commonly required in the workforce. This became a major
human rights Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hu ...
issue because of the discrimination that this group faced when trying to apply for jobs in the U.S. Many advocacy groups protested against such discrimination, asking the
federal government A federation (also known as a federal state) is a political entity characterized by a union of partially self-governing provinces, states, or other regions under a central federal government ( federalism). In a federation, the self-gover ...
to implement laws and policies that would help individuals with disabilities.


Rehabilitation Act of 1973

The Rehabilitation Act of 1973 was enacted with the purpose of protecting individuals with disabilities from prejudicial treatment by government-funded programs, employers, and agencies. The Rehabilitation Act of 1973 has not only helped protect U.S. citizens from being discriminated against but it has also created confidence amongst individuals to feel more comfortable with their disability. There are many sections within The Rehabilitation Act of 1973, that contains detailed information about what is covered in this policy. ; Section 501 : An employer must hire an individual who meets the qualifications of a job description despite any preexisting disabilities. ; Section 503 : Requires contractors or subcontractors, who receive more than $10,000 from the government to hire people with disabilities and to accommodate them with the needs that they need to achieve in the workforce. ; Section 504 : States that receive federal money may not discriminate against any person with disabilities who qualifies for a program or job. On June 22, 1999, the United States Supreme Court issued a ruling in Olmstead vs. L. C. that said unjustified segregation of persons with disabilities constitutes discrimination in violation of title II of the Americans with Disabilities Act. This has been interpreted as meaning people with disabilities must be given all opportunities by the government to stay in their own homes as opposed to assisted living, nursing homes or worse, institutions for disabled people. It has been interpreted as meaning the government must make all reasonable efforts to allow people with disabilities to be included in their respective communities and enjoy family and friends, work if possible, get married, own homes and interact with nondisabled people.


The Americans with Disabilities Act of 1990

The federal government enacted the
Americans with Disabilities Act of 1990 The Americans with Disabilities Act of 1990 or ADA () is a civil rights law that prohibits discrimination based on disability. It affords similar protections against discrimination to Disability in the United States, Americans with disabilities ...
(ADA), which was created to allow equal opportunity for jobs, access to private and government-funded facilities, and transportation for disabled people. This act was created with the purpose to ensure that employers would not discriminate against any individual despite their disability. In 1990, data was gathered to show the percentage of disabled people who worked in the U.S. Out of the 13% who filled out the survey, only 53% percent of individuals with disabilities worked while 90% of this group population did not, the government wanted to change this, they wanted Americans with disabilities to have the same opportunities as those who did not have a disability. The ADA required corporations to not only hire qualified disabled people but also accommodate them and their needs. ; Title I: Employment : An employer must give a qualified individual with disabilities the same opportunities as any other employee despite their disability. The employer must offer equal work privileges to someone who has a disability including but not limited to pay, work hours, training, etc. The employer must also create accommodations suitable for the person and their physical or mental disabilities. ; Title II: State and Local Government Activities : Requires that the government give disabled people the same opportunities involving work, programs, building access, and services. Title II also requires that buildings create easy access for disabled people and provide communicators who will be able to help those with
hearing Hearing, or auditory perception, is the ability to perceive sounds through an organ, such as an ear, by detecting vibrations as periodic changes in the pressure of a surrounding medium. The academic field concerned with hearing is audit ...
or speaking impairments. Public spaces are however not required to create accommodations that would, in turn, alter their services as long as the services proved that they did all they could to prevent discrimination against disabled people. ; Title II: Transportation :
Public transport Public transport (also known as public transportation, public transit, mass transit, or simply transit) is a system of transport for passengers by group travel systems available for use by the general public unlike private transport, typi ...
ation should be customized so that disabled people may have easy access to public transit.
Paratransit Paratransit is the term used in North America, also known by other names such as community transport ( UK) for transportation services that supplement fixed-route mass transit by providing individualized rides without fixed routes or timetables. ...
is a service that provides transportation to people who are unable to get from one destination to another due to their mental or physical disability. ; Title II: Public Accommodations : Public accommodations require that private businesses create accommodations that will allow disabled people easy access to buildings. Private businesses may not discriminate against disabled people and must provide accommodations that are reasonable, alterations may be made so that a person with disabilities can have equal access to facilities that are provided, communicators for the hearing impaired, devices for the visually impaired, and wheelchair access. Facilities must regulate with the
ADA Ada may refer to: Places Africa * Ada Foah, a town in Ghana * Ada (Ghana parliament constituency) * Ada, Osun, a town in Nigeria Asia * Ada, Urmia, a village in West Azerbaijan Province, Iran * Ada, Karaman, a village in Karaman Province, T ...
, when regulating the building's infrastructure so it meets the
ADA Ada may refer to: Places Africa * Ada Foah, a town in Ghana * Ada (Ghana parliament constituency) * Ada, Osun, a town in Nigeria Asia * Ada, Urmia, a village in West Azerbaijan Province, Iran * Ada, Karaman, a village in Karaman Province, T ...
regulations. ; Title IV: Telecommunication Relay Services : Requires telephone companies to have TRS seven days a week, twenty-four hours a day. It requires telephone companies to create accommodations for deaf and hard-of-hearing people by providing a third party able to assist both parties in communicating with one another.


Disability culture


Media

The National Center on Disability and Journalism (NCDJ) provides resources and support to journalists and communications professionals covering disability issues. The center is headquartered at the
Walter Cronkite School of Journalism and Mass Communication The Walter Cronkite School of Journalism and Mass Communication (often abbreviated to The Cronkite School by its students and faculty), is one of the 24 independent schools at Arizona State University and is named in honor of veteran broadcast jo ...
at
Arizona State University Arizona State University (Arizona State or ASU) is a public research university in the Phoenix metropolitan area. Founded in 1885 by the 13th Arizona Territorial Legislature, ASU is one of the largest public universities by enrollment in the ...
.


Arts

There are many government initiatives that support the participation of people with disabilities in arts and cultural programs. Most U.S. state governments include an accessibility coordinator with their state arts agency or regional arts organization. There are a variety of non-governmental organizations (NGOs) and non-profit groups that support initiatives for inclusive arts and culture. * Office for Accessibility at the
National Endowment for the Arts The National Endowment for the Arts (NEA) is an independent agency of the United States federal government that offers support and funding for projects exhibiting artistic excellence. It was created in 1965 as an independent agency of the federal ...
* Media Access Group at WGBH
WGBH WGBH may refer to: * WGBH Educational Foundation, based in Boston, Massachusetts, United States ** WGBH (FM), a public radio station at Boston, Massachusetts on 89.7 MHz owned by the WGBH Educational Foundation ** WGBH-TV WGBH-TV (channel 2), ...
is the
Public Television Public broadcasting involves radio, television and other electronic media outlets whose primary mission is public service. Public broadcasters receive funding from diverse sources including license fees, individual contributions, public financing ...
broadcaster for the Boston region. It has three divisions: the Caption Center, Descriptive Video Services (DVS), and the Carl and Ruth Shapiro Family National Center for Accessible Media (NCAM). WGBH pioneered accessible television and video in the United States. * International Center on Deafness and the Arts provides education, training, and arts projects in areas such as theatre, arts festivals, museums, dance, distance learning, and children's programming. The development of disability arts in the US is also tied to several non-profit organizations such as Creative Growth in Oakland, CA, that serves adult artists with developmental, mental and physical disabilities, providing a professional studio environment for artistic development, gallery exhibition and representation and a social atmosphere among peers. Organizations with similar mandates in the
Bay Area The San Francisco Bay Area, often referred to as simply the Bay Area, is a populous region surrounding the San Francisco, San Pablo, and Suisun Bay estuaries in Northern California. The Bay Area is defined by the Association of Bay Area Gov ...
include Creativity Explored in San Francisco, and NIAD Art Center in Richmond, California.


See also

*
American Association of People with Disabilities The American Association of People with Disabilities (AAPD) is a 501(c)(3) non-profit organization which advocates for the legal rights of people with disabilities.Imparato, Andrew J. 2005. "AAPD In Its Second Decade," ''AAPDnews'' (Spring 2005), p ...
* List of disability organizations * Timeline of disability rights in the United States * Disability in American slavery


References


External links


Census Bureau Data on DisabilityUnfit for Work: The startling rise of disability in America
(2013) {{Disability by country