Lecture 2 Rehabilitation Act 1973

Front 1

Old paradigm definition of disability

Back 1

An individual is limited by his/her impairment or condition

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Old paradigm strategy to address disability

Back 2

Fix the individual, correct the deficit

Front 3

Old paradigm method to address disability

Back 3

Provision of medical, vocational, or psychological rehabilitation services

Front 4

Old paradigm source of intervention

Back 4

Professionals, clinicians, other rehabilitation service provides

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Old paradigm eligibility/entitlement basis

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Eligibility for benefits based on severity of impairment

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Old paradigm role of disabled individual

Back 6

Object of intervention, patient, beneficiary, research subject

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Old paradigm domain of disability

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A medical problem

Front 8

New paradigm definition of disability

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An individual with an impairment requires an accommodation to carry out life activities.

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New paradigm strategy to address disability

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Remove barriers, create access through:
rehabilitation and compensation
Look at the environment (ADAAG)
CHEC
Provide technology (assistive)
Make recommendations for accessibility, “level the playing field”

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New paradigm method to address disability

Back 10

Provision of supports

Front 11

Rehabilitation Act of1973: Who is covered?

Back 11

US government buildings and businesses with government grants or contracts over $2,500

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Rehabilitation Act of 1973: Rehabilitation Act Titles

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I. Rehabilitative Services Administration
II. National Institute on Disability and Rehabilitation Research (1979)
V. Miscellaneous Sections 501-504
VII. Independent Living Centers (1979)

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Rehabilitation Act of 1973: Individual with disability defined

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i. has a "physical or mental impairment" which for such individual "constitutes or results" in a "substantial impediment to employment"

ii. can "benefit" in terms of an employment outcome from "vocational rehabilitation services" provided pursuant to sub-chapter I, III, or VI of this chapter

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Rehabilitation Act of 1973 (Amended): Disability defined by severity.

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i. who has a severe physical or mental impairment which seriously limits one or more "functional" capacities

ii. Whose "vocational rehabilitation" can be expected to require "multiple vocational rehabilitation services" over an extended period of time

iii. Who has "one or more physical or mental disabilities" resulting from one of a list of medical conditions or another disability or combination of disabilities determined on the basis of an assessment for "determining eligibility and vocational rehabilitation needs" that cause comparable undue stress

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Rehabilitation Act of 1973- Title I

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Budget in excess of 2 billion dollars per year--State match required

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Rehabilitation Act of 1973- Title I

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Separate State Agencies for vocational rehabilitation services
- 60% expenditures for
administration
of program assessments, job
analysts, job placements
- 40% expenditures for Vocational
Rehabilitation clients education
and technology expenses

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Rehabilitation Act of 1973, Title I (Vocational Rehabilitation Services): Eligibility

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Determine eligibility
Fundamental premise is that with adequate testing of the client, one can determine if that client is capable of "substantial and gainful employment"
a) requires testing of 'functional skills'
b) assumes the functional skills predict employment
c) assumes knowledge exists for the skills needed for all work sites

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Rehabilitation Act of 1973- Title I: Services

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Provision of services for
- Training and equipment determined necessary to perform substantial gainful employment
- Eligible service providers include: medical, educational and rehabilitation engineers (including occupational therapy)

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Rehabilitation Act of 1973: 501-504

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Civil Rights, Employment, Reasonable Accommodations
- 501 Non-discrimination by the government
- 502 ATBCB now Access Board
- 503 Contractors affirmative steps
- 504 No discrimination in any program if entity received more than $2500 in federal funds

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Rehabilitation Act of 1973 Title VII: Impairment definition

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The term ''individual with a significant disability'' means an individual with a severe physical or mental impairment

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Rehabilitation Act of 1973 Title VII: Function definition

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Whose ability to function independently in the family or community or whose ability to "obtain", "maintain", or "advance" in "employment" is "substantially limited"

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Rehabilitation Act of 1973 Title VII: Service Goal

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Will "improve the ability to function", "continue functioning", or "move toward functioning" independently in the family or community or to continue in employment, respectively

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Rehabilitation Act of 1973: 1986 Amendments-- Section 508

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require government agencies to purchase electronic equipment that is

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Rehabilitation Act of 1973: 1998 Amendments-- Section 508

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provision of accessible AT at the worksite
remains limited to state that received grants for less than 10 years under title I of the Technology-Related Assistance for Individuals With Disabilities Act of 1988.

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Rehabilitation Act of 1973: 2001 Amendments--Section 508

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provide governmental coordination, funds and enforcement