While the Americans with Disabilities Act (ADA) is the most comprehensive piece of disability rights legislation in the United States, it is not the only federal law that protects people with disabilities from discrimination. Here's an overview of other disability rights legislation.
Individuals with Disabilities Education Act (IDEA)
The Individuals with Disabilities Education Act (IDEA) is a law that requires that a free and appropriate public education is available to eligible children with disabilities throughout the country.
IDEA determines how states and public agencies provide early intervention, special education, and other services to eligible children and youth with disabilities from birth to age 21. During the 2018-19 school year, more than 7.5 million people were eligible for IDEA services.
The Act authorizes formula grants to states to support special education and early intervention services. IDEA also allows for discretionary grants to institutions of higher education, state educational agencies, and nonprofit organizations. The discretionary grants can be used for technical assistance and dissemination to improve services provided under IDEA, to support accessible technology and media, state educational agency personnel development, technical assistance on state data collections, and parent training and information centers. The U.S. Department of Education awards discretionary grants through a competitive process.
IDEA Part C covers early intervention services for infants and toddlers with disabilities from birth to age 2. Children and youth from ages 3 through 21 receive special education services under IDEA Part B.
Air Carrier Access Act (ACAA)
The Air Carrier Access Act (ACAA) prohibits discrimination on the basis of disability in air travel. The ACAA applies to all U.S. airline flights, as well as flights to or from the U.S. by foreign airlines.
The U.S. Department of Transportation (DOT) outlines passengers’ rights and airlines’ obligations under the ACAA. Some highlights from the rule include the fact that airlines are prohibited from limiting the number of people with disabilities on a flight and requiring advance notice that a person with a disability will be traveling. They may require notice up to 48 hours in advance for certain accommodations that require preparation such as a respirator hook-up or the transportation of an electric wheelchair on an aircraft with fewer than 60 seats.
The ACAA requires airlines to assist passengers with disabilities with boarding, deplaning, and making connections. Aircraft must meet accessibility requirements under the ACAA, and airlines must ensure that the airport facilities and services they provide, lease, or own are accessible.
Airlines are required to let service animals accompany travelers with disabilities on board the plane. The ADA defines “service animals” differently from the ACAA; under the ACAA, a service animal is any animal that is individually trained to provide assistance to a person with a disability or any animal that assists someone with a disability by providing emotional support, with some exceptions. While service animals are not limited to dogs under the ACAA, foreign carriers do not have to carry service animals other than dogs.
If an airline has violated any rules under the ACAA, the DOT recommends trying to work with the airline before filing a complaint. The DOT requires airlines to acknowledge consumer complaints within 30 days of receipt and to provide a written response within 60 days. The DOT also requires that airlines inform consumers how and where to submit complaints on their websites. If the airline fails to resolve the problem, passengers should file a complaint with the DOT.
Fair Housing Act
The Fair Housing Act (FHA) prohibits discrimination on the basis of race, color, national origin, religion, sex, familial status, and disability in any aspect of buying, selling, renting, or living in housing. Most housing in the U.S. is covered by the FHA
The FHA uses the same definition of disability as the ADA: a physical or mental impairment that substantially limits one or more major life activities, a history or record of such an impairment, or the perception by others as having such an impairment. The Fair Housing Act does not protect people with or without disabilities who pose a direct threat to other people or property; this determination must be made on an individual basis without making assumptions about a disability.
Victims of illegal housing practices can file a complaint with the U.S. Department of Housing and Urban Development (HUD) or file their own lawsuit in federal or state court. The U.S. Department of Justice brings suits on behalf of individuals from HUD referrals.
For people with disabilities, the Fair Housing Act’s protections focus on two main areas: where people with disabilities can live and accessible new construction. Municipalities are prohibited from using zoning and other land-use regulations to exclude people with disabilities, including group home arrangements. Local governments must make reasonable accommodations in land use and zoning policies when they would allow individuals and groups of people with disabilities an equal opportunity to use housing.
Newly constructed multifamily housing must be built according to the FHA’s accessibility requirements so that it is accessible to people with disabilities, especially wheelchair users. Multifamily dwellings of four or more units first occupied after March 13, 1991, must have certain accessible features. If buildings fail to meet these requirements, then owners, developers, and architects may be held liable under the FHA. The Fair Housing Accessibility FIRST initiative is intended to promote compliance with design and construction accessibility requirements.
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