American Association of Blind Teachers

In the past quarter century a number of important pieces of legislation have been passed which affect the disabled, insuring their rights and expanding opportunities. The links below will introduce you to the most important of these laws as well as other legal resources.

Laws and Legislation

ADA Home page
This site, hosted by the Department of Justice, provides links to information on mediation, recent court decisions related to the ADA, standards for accessible design, ADA Regulations and Technical Assistance, enforcement, proposed regulations, and much more. The site, however, is not searchable.

Americans with Disabilities Act Document Center
This site offers the full-text of several federal laws, such as ADA (also known as Public Law 101-336) and ADAAG (Americans with Disabilities Act Accessibility Guidelines), plus other documents that provide guidance on how to implement these laws.

U.S. Equal Employment Opportunity Commission
This page of the EEOC site describes laws on employment discrimination and tells how to file a charge or initiate mediation. An alternative page, with more detail on
Employment Rights
may also be useful.

The Telecommunications Act of 1996
Several sections of the Telecommunications Act address barriers and potential issues related to the inaccessibility of the Web. It establishes the Telecommunications Accessibility Advisory Committee (TAAC) to address the needs of people with disabilities.

Section 508 of the Rehabilitation Act
The Rehabilitation Act, Section 508 was amended in 1998 to require that Federal agencies electronic and information technology is accessible to people with disabilities. This site has links and information to help agencies comply with that law.

V. I. Guide Home Page, for parents and teachers of blind and visually impaired Children
This is an excellent, accessible source with links to the most relevant legislation impacting visually impaired children, their teachers, and parents.

The Disability Law Handbook is a 64-page guide to the basics of the Americans with Disabilities Act and other disability related laws. Written in an FAQ format, it answers questions about the Americans with Disabilities Act, the ADA Amendments Act, the Rehabilitation Act, Social Security, the Air Carrier Access Act, the Individuals with Disabilities Education Act, the Civil Rights of Institutionalized Persons Act, and the Fair Housing Act Amendments. It has been written by
The Southwest ADA Center,
one of the National Network of ADA Centers funded by the National Institute on Rehabilitation and Research of the Department of Education, to provide technical assistance and training on the Americans with Disabilities Act and other disability-related laws.
Free copies
are available for download.
Hard copies
may also be purchased for a nominal charge.

Individuals with Disabilities Education Act
This is one of the most powerful laws affecting visually impaired children. It states that they are entitled to a free and appropriate education in the least restrictive environment. Individualized Education Plans (IEPs) spell out a student's particular education needs under this law and form a contract with the parent/guardian and the school system.

ACCESSING EDUCATION SERVICES FOR STUDENTS WITH VISUAL IMPAIRMENTS: A GUIDE FOR PARENTS
The information in this document is intended to assist parents and other care givers in locating and accessing appropriate special education services. It may also assist them with establishing and maintaining a viable partnership with school district personnel who have responsibility for assuring a free and appropriate education for children whose vision is impaired.

Parents as Advocates: A Guide to Special Education in Maine
Russ Stryker, a special ed attorney, has written this advocacy handbook to assist parents of children with disabilities in Maine. Most of the information and advice is relevant to other states as well.

18 Tips for Getting Quality Special Education for Your Child
While this document provides much information that is aimed at disabilities other than blindness and low vision, it is, nonetheless, an excellent source for the parent of the visually impaired child.

A Guide to Disability Rights Laws
This guide from the Civil Rights Division, Department of Justice provides an overview of Federal civil rights laws that ensure equal opportunity for people with disabilities. Includes sections on the ADA, Fair Housing Act, Air Carrier Access Act, Individuals with Disabilities Education Act, Rehabilitation Act, Architectural Barriers Act, and more. "For persons with disabilities, this document is available in large print, Braille, audio tape, and computer disk."

Section 504, Rehabilitation Act of 1973
The text of this landmark piece of legislation which "requires that no “otherwise qualified” person with a disability be excluded from participation in any program that receives federal funds . . .." Section 504 of the Rehabilitation Act and the Individuals with Disabilities Education Act are the two critical pieces of legislation impacting disabled students in kindergarten through high school. To understand how these laws interact, consult
Protecting Students with Disabilities
produced by the Department of Education or
Legal Issues
of the University of Washington.

Association on Higher Education And Disability
This portion of the site provides a "searchable database — created exclusively for members of AHEAD — [and] includes lawsuits and OCR and FPCO rulings and letters from the late 1990s through the present. [Searches include] the full text of the lawsuits and OCR and FPCO rulings [and] concise summaries of each ruling written by an attorney who is also a journalist. This database will be updated every month by [a] legal editor, who will summarize 8 to 10 disability lawsuits/rulings and add those summaries and full texts to the database."

Organizations of Assistance

Law Office of Lainey Feingold - Disability Rights Legal Advocacy - Home Page
Structured Negotiations is an alternative dispute resolution and advocacy method that has been used with some of the country's largest institutions to reach agreement on issues such as Talking ATMs, accessible websites, alternative formats, accessible pedestrian signals and tactile point of sale devices. The site contains all the settlement agreements reached with structured negotiations, as well as related press releases and other information.

Thomas Legislative Information
This site, sponsored by the Library of Congress, contains a vast amount of information on bills being introduced in Congress, the congressional record, reports from congressional committees and more.

In every session of Congress, legislation is introduced of interest to blind and visually impaired citizens. It is easy to locate and contact members of
The House of Representatives
or
The Senate

National Disability Rights Network
Website for an "organization for the federally mandated Protection and Advocacy (P&A) Systems and Client Assistance Programs (CAP) for individuals with disabilities. Collectively, the P&A/CAP network is the largest provider of legally based advocacy services to people with disabilities in the United States," and is "the largest non-governmental enforcer of the Americans with Disabilities Act (ADA)." Includes information about advocacy efforts, details about issue areas, links to disability organization sites, and related material.

Council for Exceptional Children: Policy & Advocacy
This site, from the Council for Exceptional Children, provides timely news on pending legislation on a wide variety of issues related to exceptionality.

Council for Disability Rights
The CDR has as its mission to advance rights and enhance lives of people with disabilities. The site contains news of interest, practical do-it-yourself advice, FAQs on the ADA, a parent's guide to special ed. /special needs, dealing with voting barriers, etc.

The Disability Law Lowdown podcast
The Disability Law Lowdown provides the latest information about disability rights under the Americans with Disabilities Act, and other disability-related topics. Subscription is free. The program is provided by the National Network of ADA Centers across the country, offering technical assistance and training in the Americans with Disabilities Act and other disability-related laws. The Disability Law Lowdown is available in English, Spanish, and American Sign Language. Subscribing will guarantee that you will receive notification of new programs.

National Disability Rights Network
Website for an "organization for the federally mandated Protection and Advocacy (P&A) Systems and Client Assistance Programs (CAP) for individuals with disabilities. Collectively, the P&A/CAP network is the largest provider of legally based advocacy services to people with disabilities in the United States," and is "the largest non-governmental enforcer of the Americans with Disabilities Act (ADA)." Includes information about advocacy efforts, details about issue areas, links to disability organization sites, and related material.

Service Animals

Legal Rights and Responsibilities
This excellent summary of the rights and responsibilities of dog guide owners is must reading for anyone who is a dog handler as well as anyone considering getting a dog. Although prepared by the Seeing Eye, the material is equally applicable regardless of the school from which the dog was trained. Of special interest are the pages on
Helpful Tips on Dog Guides in the Work Place
and
Work Place Accommodation
and
Job Applicants and the Americans with Disabilities Act
as well as
Enforceable Regulations and Procedures for Filing a Charge of Discrimination.

Commonly Asked Questions about Service Animals in Places of Business
This FAQ covers topics related to customers bringing service animals into businesses. Service animals are defined by the Americans with Disabilities Act (ADA) as "any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability." Discusses the distinctions between service animals and pets and addresses related topics of concern to business owners. From the U.S. Department of Justice.

In March 2011, the regulations from the Department of Justice regarding service animals was revised and clarified. The following articles may be helpful in understanding this revision.
Long-Awaited Clarification of Service Animal Definition from Department of Justice
and
Redefining the Rules Governing Service Animals Covered by the ADA

What are my institution's responsibilities regarding the care of a students' service animal?
This is a brief, but highly useful, explanation of a university student's obligations in caring for his/her service animal from the University of Washington.

Service Animals Defined
An excellent and thorough description of what is and is not a "service animal." Includes extensive suggestions for employers regarding legal obligations as well as practical non-legal guidance as how best to integrate a service animal into a work environment with the least possible disruption.

Things to Consider when Thinking About a Guide Dog
" A roundup of frequently asked questions about working with a guide dog, along with their answers." Written by an experienced handler.

FAQs on Legal Issues for Students

The following links from
DO-IT: Disabilities, Opportunities, Internet Working, and Technology
are excellent and may be especially valuable. While most of this information is intended for the post-secondary environment, some of these pages will provide insight to K-12 instruction as well.

• If a student with a disability qualifies for accommodations in high school, will they receive the same accommodations in college?
• In a postsecondary setting, who is responsible for providing Braille translation?
• Is it appropriate for a professor to ask a postsecondary student what type of disability he has?
• Is my school legally required to make our web pages accessible?
• What if a student with a disability disrupts a college class?
• How can students with disabilities get accommodations for the GRE, MCAT, LSAT, and other standardized graduate or professional entrance exams?
• If a postsecondary student's accommodations include extra exam time must the professor allow the student to take the exam outside of the classroom?
• Are postsecondary institutions required to purchase adaptive software for a specific course if only one student needs it?
• Are postsecondary institutions responsible for accessibility at off-campus events?
• What is a qualified person with a disability?
• Who is responsible for providing a postsecondary institution with documentation of a student's disability?
• Do colleges and universities agree as to whether they must adhere to Section 508 standards?
• How can postsecondary institutions determine whether a student is "otherwise qualified" for science, technology, engineering, and/or mathematics curricula?

You may also want to visit our article on
Selecting an Employment Discrimination Lawyer
should you feel the need for more professional advice as well as our page on
Legal Rights and Responsibilities
for readable descriptions of the laws and regulations that relate most directly to the education of blind and visually impaired students.