Disability Legislation - All Acts

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  1. American Competitiveness and Workforce Improvement Act of 1998 - Public Law 105-277
  2. American Recovery and Reinvestment Act of 2009 – Public Law111-5
  3. Americans with Disabilities Act (ADA) - Public Law 101-336
  4. Assistive Technology Act of 1998 - Public Law 105-394
  5. Community Renewal Tax Relief Act of 2000 - Public Law 106-554
  6. Community Services Block Grant Act, Title VI, Subtitle B, of the Omnibus Budget Reconciliation Act of 1981 - Public Law 97-35, as amended
  7. Developmental Disabilities Assistance and Bill of Rights Act of 2000 - Public Law 106-402
  8. Foster Care Independence Act of 1999 - Public Law 106-169
  9. Individuals with Disabilities Education Improvement Act of 2004 - Public Law 108-446
  10. Job Creation and Worker Assistance Act of 2002 - Public Law 107-147 &
    Small Business Job Protection Act of 1996 - Public Law 104-188
  11. Juvenile Justice and Delinquency Prevention (JJDP) Act of 1974 - Public Law 93-415
  12. McKinney-Vento Homeless Assistance Act - Public Law 100-77
  13. National Affordable Housing Act - Public Law 101-625
  14. National and Community Service Act of 1990 - Public Law 101-610
  15. Carl D. Perkins Vocational and Technical Education Act - Public Law 105-332
  16. Personal Responsibility and Work Opportunity Reconciliation Act of 1996 - Public Law 104-19
  17. Public Health Service Act as amended
  18. Rehabilitation Act of 1973 as amended by Public Law 105-220
  19. Social Security Act - Public Law 74-2710
  20. Workforce Investment Act of 1998 - Public Law 105-220

American Competitiveness and Workforce Improvement Act of 1998 - Public Law 105-277
Topic What the Law States

Services Provided and Provider of Services

Regional and Local Business Partnerships

Designed to help train U.S. workers in the high technology skills that the industry needs thereby reducing the need to import workers from abroad.

The grants are either issued to a business partnership or to a local workforce investment board and generally are aimed at adults. Organizations must partner and apply to the Department of Labor.

Eligibility Requirements and Age of Youth Covered

The Department of DOL strongly encourages co-enrollment in H-1B technical skills training and Workforce Investment Act, because it allows for a much broader and comprehensive service provision for training participants. WIA age covers 14-21.


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Review regulations related to the American Competitiveness and Workforce Improvement Act of 1998.
 

American Recovery and Reinvestment Act of 2009 – Public Law111-5
& Small Business and Work Opportunity Tax Act of 2007 – Public Law 110-28
& Tax-Relief and Health Care Act of 2006 – Public Law 109-432

The American Recovery and Reinvestment Act of 2009 amended Section 51 of the Internal Revenue Code by adding two new Work Opportunity Tax Credit (WOTC) target groups: Unemployed Veterans and Disconnected Youth. The Small Business and Work Opportunity Tax Act of 2007 extended the WOTC through August 31, 2011. The Tax-Relief and Health Care Act of 2006 amended certain target group definitions within the WOTC and eliminated the Welfare-to-Work Tax Credit by merging it into the WOTC and making a Long-Term TANF Recipient another WOTC target group.

Topic

What the Law States

Work Opportunity Tax Credit

Services Provided and Provider of Services

The Work Opportunity Tax Credit (WOTC) is a federal tax credit that offers an incentive for private sector businesses to hire individuals from 12 targeted groups that have consistently faced significant barriers to employment, including Veterans.

Employers apply for and receive certification from their State Workforce Agency (SWA) that the new hire is a member of a target group before they can claim the Work Opportunity Tax Credit. To apply:

  1. Complete page 1 of IRS Form 8850, Pre-Screening Notice and Certification Request for the Work Opportunity Credit, by the date of the job offer; and
  2. Complete one of the following one-page U.S. Department of Labor forms:
    • ETA Form 9061, Individual Characteristics Form, if the new hire has not been given an ETA Form 9062; or
    • ETA Form 9062, Conditional Certification Form, if provided to the job seeker by a SWA, Vocational Rehabilitation or Participating Agency; and
  3. Mail the signed and dated IRS and ETA forms to the respective state workforce agency not later than 28 days after the new hire begins work.

Eligibility Requirements and Age of Youth Covered

An individual is a member of a targeted group if he or she is a:

  • Long-term TANF Recipient. A member of a family that:
    • Received or recently received Temporary Assistance to Needy Families (TANF) payments for at least 18 consecutive months ending on the hiring date, or
    • Received TANF payments for any 18 months (whether or not consecutive) beginning after August 5, 1997, and the earliest 18-month period beginning after August 5, 1997 ended during the past 2 years, or
    • Stopped being eligible for TANF payments during the past 2 years because federal or state law limited the maximum time those payments could be made.
  • Other TANF Recipient. A member of a family that is receiving or recently received TANF benefits for any 9-month period during the 18-month period ending on the hiring date;
  • Qualified Food Stamp Recipient. An 18-39 year old member of a family that received Food Stamps for the past 6 months, or received Food Stamps for at least 3 of the past 5 months;
  • Designated Community Resident. An 18-39 year old resident of one of the federally designated Empowerment Zones (EZs), Enterprise Communities (ECs), Renewal Communities (RCs), and for individuals who begin to work for an employer after May 25, 2007, this High-Risk Youth group has been renamed “Designated Community Resident” and expanded to include residents of Rural Renewal Counties;
    Note: All Round I Enterprise Communities (ECs) including enhanced Enterprise Communities expired on December 31, 2004. Round II ECs are still in existence as are all the EZs;
  • Summer Youth Employee. A 16-17 year old EZ/EC or RC resident hired between May 1 and September 15;
    Note: All Round I Enterprise Communities (ECs) including enhanced Enterprise Communities expired on December 31, 2004. Round II ECs are still in existence as are all the EZs;
  • Qualified Veteran. A veteran who is a member of a family that is receiving or recently received Food Stamps for at least a 3-month period during the past 15 months; and for individuals who begin to work for an employer after May 25, 2007, the veteran group is expanded to include “disabled veterans” who are entitled to compensation for a service-connected disability and who, during the one-year ending on the hiring date, were: a) discharged or released from active duty in the U.S. Armed Forces, or b) unemployed for a period or periods totaling at least 6 months. The first-year wages taken into account for these “disabled veterans” are capped at $12,000;
  • Vocational Rehabilitation Referral. An individual who completed or is completing rehabilitative services from a State certified agency, an Employment Network, or the U.S. Department of Veterans Affairs;
  • Qualified Ex-Felon. An individual who has been convicted of a felony and has a hiring date which is not more than one year after the last date on which he was so convicted or released from prison;
  • SSI Recipient. A recipient of Supplemental Security Income (SSI) benefits for any month ending during the past 60 day period ending on the hire date.
  • Hurricane Katrina Employee. This group does not require certification by the SWAs.
  • Unemployed Veteran. A veteran hired after 2008 and before 2011 who:
    • Has been discharged or released from active duty in the U.S. Armed Forces at any time during the 5-year period ending on the hiring date, and
    • Received unemployment compensation under state or federal law for at least 4 weeks during the 1-year period ending on the hiring date. Note: To be considered a veteran, the applicant must have served on active duty (not including training) in the Armed Forces of the United States for more than 180 days or have been discharged or released from active duty for a service-connected disability.
  • Disconnected Youth. An individual who is certified as: 1) having attained age 16 but not age 25 on the hiring date, 2) not regularly attending any secondary, technical, or post-secondary school during the 6-month period preceding the hiring date, 3) not regularly employed during such 6-month period, and 4) not readily employable by reason of lacking a sufficient number of basic skills.

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Review policy and guidance related to the Work Opportunity Tax Credit

IRS Form 8850

IRS Instructions for Form 8850

ETA Form 9061

ETA Form 9062


Americans with Disabilities Act (ADA) - Public Law 101-336
Topic What the Law States

Services Provided and Provider of Services

All public and private providers of services are affected by ADA. The ADA prohibits discrimination on the basis of disability in employment, state and local government, public accommodations, commercial facilities, transportation, and telecommunications. It also applies to the United States Congress. The ADA prohibits discrimination in all employment practices, including job application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions, and privileges of employment. It applies to recruitment, advertising, tenure, layoff, leave, fringe benefits, and all other employment-related activities. Complaints regarding actions may be filed with the Equal Employment Opportunity Commission or designated State human rights agencies.

Eligibility Requirements and Age of Youth Covered

To be protected by the ADA, one must have a disability. An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment. Employment discrimination is prohibited against qualified individuals with disabilities. The person has to be qualified for the essential functions of the job and that reasonable accommodations are required to be provided during application processes and on the job.

More Information Read more about the ADA here.

 

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Review regulations related to Americans with Disabilities Act (ADA)

The Americans with Disabilities Act Amendments Act – An Overview

 


Assistive Technology Act of 2004 – Public Law (PL) 108-364
Topic What the Law States

Services Provided and Provider of Services

States receive grants through federal appropriations for:

  • State finance program to increase access to, and funding for, assistive technology devices and assistive technology services;
  • Device utilization program that provides for the exchange, repair, recycling, or other reutilization of assistive technology devices, which may include redistribution through device sales, loans, rentals, or donations;
  • Device loan program that provides for short-term loans of assistive technology devices to individuals, employers, public agencies, or others seeking to meet the needs of targeted individuals and entities;
  • Device demonstrations;
  • Training and technical assistance; and
  • Public awareness

States also receive grants for their protection and advocacy systems to assist in the acquisition, utilization, or maintenance of assistive technology devices or assistive technology services for individuals with disabilities.

States must have an advisory council to provide consumer-responsive, consumer-driven advice for, planning of, implementation of, and evaluation of the activities carried out through the grant, including setting the measurable goals

At the federal level, administration for the program is the Assistant Secretary for Special Education and Rehabilitative Services of the Department of Education, acting through the Rehabilitation Services Administration,

The Act also provides for national activities such as national public awareness toolkit, a National Public Internet Site to provide individuals with disabilities and the general public with technical assistance and information on increased access to AT devices, and various forms of technical assistance.

Eligibility Requirements and Age of Youth Covered

Age not specified.

 

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Community Renewal Tax Relief Act of 2000 - Public Law 106-554
Topic What the Law States

Services Provided and Provider of Services

Empowerment Zones/Enterprise Communities

Tax incentives, performance grants, and loans are targeted to designated low-income areas to create jobs, expand business opportunities, and support people looking for work. Local units of governments are the eligible applicants.

Eligibility Requirements and Age of Youth Covered

EZs and ECs are based on economic characteristics of a geographic area and services are not age specified.

 

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Community Services Block Grant Act, Title VI, Subtitle B, of the Omnibus Budget Reconciliation Act of 1981 - Public Law 97-35, as amended
Topic What the Law States

Services Provided and Provider of Services

Multiple Services through Centers

Community Services Block Grants create, coordinate, and deliver a broad array of programs and services.

Community Action Agencies assist individuals in securing and maintaining employment; community action agencies provide linkages to job training opportunities, GED preparation courses, and vocational education programs.

Eligibility Requirements and Age of Youth Covered

Programs and services are to low-income individuals, including youth ages 12-18.

 

Review materials related to the Community Services Block Grant Act


Developmental Disabilities Assistance and Bill of Rights Act of 2000 - Public Law 106-402
Topic What the Law States

Services Provided and Provider of Services

Support to Targeted Populations

The DD Act requires the Administration on Developmental Disabilities (ADD) to ensure that people with developmental disabilities and their families receive the services and supports they need and participate in the planning and designing of those services. The DD Act established eight areas of emphasis for ADD programs; Employment, Education, Child Care, Health, Housing, Transportation, Recreation, and Quality Assurance. ADD meets the requirements of the DD Act through the work of its four programs:

  1. State Councils on Developmental Disabilities (SCDD)
  2. Protection and Advocacy Agencies (P&A)
  3. University Centers for Excellence in Developmental Disabilities (UCEDD)
  4. Projects of National Significance (PNS)

Eligibility Requirements and Age of Youth Covered

Services are for those who have a developmental disability which is defined as a severe, chronic disability of an individual that:

  1. is attributable to a mental or physical impairment or combination of mental and physical impairments;
  2. is manifested before the individual attains age 22;
  3. is likely to continue indefinitely;
  4. results in substantial functional limitations in three or more of the following areas of major life activity:
  • Self-care
  • Receptive and expressive language
  • Learning
  • Mobility
  • Self-direction
  • Capacity for independent living
  • Economic self-sufficiency;

AND

reflects the individual's need for a combination and sequence of special, interdisciplinary, or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated.
 

 

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Foster Care Independence Act of 1999 - Public Law 106-169: Title I Improved Living Program
Topic What the Law States

Services Provided and Provider of Services

Support to Targeted Populations

States assist youth in a successful transition to adulthood.

Activities and programs include, but are not limited to, help with education, employment, financial management, housing, emotional support and assured connections to caring adults for older youth in foster care as well as youth who have aged out of the foster care.

Eligibility Requirements and Age of Youth Covered

State can serve youth who are likely to remain in foster care and those who have aged out of foster care up to 21 years of age.

Older youth (18-21) can receive housing assistance if needed.


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Review regulations and policy related to the Foster Care Independence Act of 1999.


Individuals with Disabilities Education Improvement Act of 2004 Public Law 108-446
Topic What the Law States

Services Provided and Providers of Services

Individualized Education Programs (IEPs)

The act provides youth with a guaranteed right to free and appropriate education. The services are described in IEPs, which are individualized plans to provide education for a young person including transition from school to positive adult outcomes.

Eligibility Requirements and Age of Youth Covered

Individuals are eligible for education services up to the age of 18 or through the age of 21 at the discretion of the state.
Transition planning must occur by age 16.

More Information Read more about the revised IDEA.


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Review regulations and OSEP guidance related to the Individuals with Disabilities Education Improvement Act of 2004.


Job Creation and Worker Assistance Act of 2002 - Public Law 107-147 & Small Business Job Protection Act of 1996 - Public Law 104-188
The Job Creation and Worker Assistance Act of 2002 created the Welfare to Work Tax Credit and the Small Business Job Protection Act of 1996 modified the Work Opportunity Tax Credit. The Working Families Tax-Relief Act of 2004 (P.L. 108-311) extended the two credits through December 31, 2005.
Topic What the Law States
Welfare to Work Tax Credit

Services Provided and Provider of Services

The Welfare-to-Work Tax Credit is a federal income tax credit that encourages employers to hire long-term family assistance recipients who begin to work any time after December 31, 1997, and before January 2006.

The Welfare-to-Work Tax Credit for new hires employed 400 or more hours or 180 days is 35% of qualified wages for the first year of employment and 50% for the second year. Qualified wages are capped at $10,000 per year. Wages include tax-exempt amounts received under accident or health plans as well as educational assistance and dependent assistance programs.

Employers must apply for and receive certification from their State Employment Security Agency (SESA), also known as the State Workforce Agency (SWA), that their new hire is a long-term TANF/AFDC recipient before they can claim the Welfare-to-Work Tax Credit on their federal tax return.

Eligibility Requirements and Age of Youth Covered

The Welfare-to-Work Tax Credit applies to new hires that begin work after December 31, 2001, and before January 1, 2006, and are employed at least 400 hours or 180 days.

The Long-Term Welfare or Family Assistance Recipient refers to any individual who has been certified by the "designated local agency" as one: a) who is a member of a family that: received Temporary Assistance to Needy Families (TANF), or Aid to Families with Dependent Children (AFDC) for at least the 18 consecutive months before the date of hire; or b) whose TANF/AFDC eligibility expired under Federal or State law after August 5, 1997, for individuals hired within 2 years after their eligibility expired or; c) who received TANF/AFDC for any 18-month period, and who are hired within 2 years after the end of the earliest 18-month period.

Work Opportunity Tax Credit

Services Provided and Provider of Services

The Work Opportunity Credit provides an incentive to businesses to hire individuals from targeted groups that have a particularly high unemployment rate or other special employment needs. The credit can be as much as 40% to employers for the qualified wages paid to individuals who work for the employer

An individual is not considered a member of a targeted group unless the state employment security agency certifies him or her as a member. This certification requirement can be satisfied in either of two ways:

  • On or before the day on which the individual begins work, the employer has received a certification from its state employment security agency that the individual is a member of a targeted group, or
  • On or before the day the employer offers employment to an individual, he/she completes Form 8850, Pre-Screening Notice, and Certification Request for the Work Opportunity and Welfare-to-Work Credits, and sends it to its state employment security agency no later than the 21st day after the individual begins work.

Those claiming the credit must receive the certification before claiming the credit.

Eligibility Requirements and Age of Youth Covered

At least 18 but not yet 25 for high risk youth (See below) on the hiring date and lives in an empowerment zone, enterprise community, or renewal community; 16-but not yet 18 years for summer youth (See below); 18 but not yet 25 for food stamp recipients.

An individual is a member of a targeted group if he or she is a:

  • Qualified recipient of Aid to Families with Dependent Children (AFDC) or successor program;
  • Qualified veteran;
  • Qualified ex-felon; high-risk youth. (An individual who is at least 18 but not yet 25 on the hiring date and lives in an empowerment zone, enterprise community, or renewal community);
  • Vocational rehabilitation referral; qualified summer youth employee. (An individual who performs services for the employer between May 1 and September 15; Has never worked for the employer before, and lives in an empowerment zone, enterprise community, or renewal community);
  • Qualified food stamp recipient. (an individual who is at least age 18 but not yet age 25 and is a member of a family that has received food stamps for the 6-month period ending on the hiring date or is no longer eligible for such assistance under section 6(o) of the Food Stamp Act of 1977, but the family received food stamps for at least 3 months of the 5-month period ending on the hiring date. ); or
  • Qualified SSI recipient.

 

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Review policy and guidance related to the Welfare to Work Tax Credit.

Review regulations related to the Welfare to Work Tax Credit.

Review policy and guidance related to the Work Opportunity Tax Credit.


Juvenile Justice and Delinquency Prevention (JJDP) Act of 2002, Public Law, 107-273
Topic What the Law States

Services Provided and Provider of Services

Services to Adjudicated Youth

This grants program funds collaborative, community-based delinquency prevention efforts.
It also provides communities with funding and a guiding framework for developing and implementing comprehensive juvenile delinquency prevention plans.

Eligibility Requirements and Age of Youth Covered

States define the ages for adjudication purposes.


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Review guidance related to the Juvenile Justice and Delinquency Prevention (JJDP) Act of 2002.


McKinney-Vento Homeless Assistance Act - Public Law 100-77
Topic What the Law States

Services Provided and Provider of Services

Emergency Shelter Grant Program

Provides homeless persons with basic shelter and essential support.

Can assist with the operational costs of the shelter facility.

Grants are to eligible jurisdictions, including states, territories, and qualified metropolitan cities and urban counties.

Eligibility Requirements and Age of Youth Covered

Age not specified.


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National Affordable Housing Act - Public Law 101-625
Topic What the Law States

Services Provided and Provider of Services

Youth Build Program

Youth Build grants are available to public or private nonprofit agencies, public housing authorities, state and local governments, Indian tribes, or any organization eligible to provide education and employment training.

Non-profit organizations assist high-risk youth learn housing construction job skills and to complete their high school education.

Eligibility Requirements and Age of Youth Covered

High-risk youth between the ages of 16-24.


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National and Community Service Act of 1990 - Public Law 101-610
Topic What the Law States

Services Provided and Provider of Services

Service and Conservation Corps

State and local programs that engage primarily youth and young adults in full-time community service, training and educational activities.

Eligibility Requirements and Age of Youth Covered

Youth and young adults ages 16-25; eligibility depends on source of funding and local decisions.


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Review regulations related to the National Community Service Act of 1990.


Carl D. Perkins Vocational and Technical Education Act - Public Law 105-332
Topic What the Law States
Title I

Services and Providers of Services

Career-Technical Education Programs

The Perkins Act supports vocational-technical education, which is defined as organized educational programs offering sequences of courses directly related to preparing individuals for paid or unpaid employment in current or emerging occupations requiring other than a baccalaureate or advanced degree. Funds can be used for a broad range of programs, services, and activities designed to improve career–technical education programs and ensure access to students who are members of populations with special needs.

State Boards for Vocational Education receive State Basic Grants. The distribution of grant funds within a state is directed to priority items established by the state in accordance with an approved state plan for vocational-technical education. Local education agencies and postsecondary institutions are eligible recipients for sub-grants.

Eligibility criteria and Age of Youth Covered

Individuals in secondary and postsecondary schools.

Age not specified but generally geared toward high school and community college students.

Title II

Services and Providers of Services

Tech-Prep Programs

A sequenced program of study that combines at least two years of secondary and two years of postsecondary education.

Occupational education or an apprenticeship program of at least two years following secondary instruction.

Eligibility criteria and Age of Youth Covered

Beginning as early as the ninth year of school and can extend through two years of postsecondary.

 

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Personal Responsibility and Work Opportunity Reconciliation Act of 1996 - Public Law 104-193
Topic What the Law States

Services Provided and Provider of Services

Required Work for Adults

Provides assistance and work opportunities to needy families by granting states the federal funds and flexibility to develop and implement their own welfare programs.

Work activities can include education and training, work experiences, and job search.

Eligibility Requirements and Age of Youth Covered

TANF serves needy families; income and asset limitations vary by state; some assistance can only go to families with minor children.

TANF regulations define minor child as an individual who has not attained 18 years of age or has not attained 19 years of age and is a full-time student in a secondary school (or in the equivalent level of vocational or technical training).

 

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Public Health Service Act as amended
Topic What the Law States
Children’s Health Action of 2000 - Public Law 106-310; and the Public Health Services Act, as amended; Title V and several sections of that title

Services Provided and Provider of Services

Substance Abuse and Mental Health Services

States receive grants and enter into cooperative agreements for substance abuse treatment and prevention as well as mental health needs of regional and national significance.

Eligibility Requirements and Age of Youth Covered

Information on eligibility and age requirements will be identified in announcements of grants and agreements.

For the substance abuse (alcohol and drugs) component, treatment, prevention, and support to families and children are included in eligible services.

For mental health services, regional and national significance priorities determine eligibility.

Title V, Part E, Section 561, as amended; Public Law 102-321

Services Provided and Provider of Services

Comprehensive Community Mental Health Services for Children with Serious Emotional Disturbances Program

The program provides grants to states and communities for the improvement and expansion of community–based systems of care for children with serious emotional disturbances and their families.

Individualized service plans dictate the range of services and can include can include non-mental health services including education, vocational counseling and rehabilitation, and protection and advocacy.

Eligibility Requirements and Age of Youth Covered

Under the age of 22.

Title XIX, Part B as amended; Public Law 106-310

Services Provided and Provider of Services

Mental Health Services

Through block grants to states, a range of services can be provided through qualified community programs. Services include, but are not limited to, psychosocial rehabilitation programs, mental health peer-support programs, and primary consumer-directed programs.

Eligibility Requirements and Age of Youth Covered

Mental health condition determines eligibility.

 

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Rehabilitation Act as amended by Public Law 105-220
Topic What the Law States
Title I

Services Provided and Provider of Services

Rehabilitation Agencies

State rehabilitation agencies responsible for statewide vocational rehabilitation programs. Services are provided to people with disabilities based on Individualized Plan for Employment (IPE). Transition services for youth are an allowable activity. In accordance with a state plan approved by the federal government, vocational rehabilitation services are provided through local offices of state agencies and through community-based organizations, often referred to as community rehabilitation programs, under contractual arrangements with the state agencies. Transition services are often provided through cooperative agreements between state and local school and college districts and systems and the vocational rehabilitation agency.

Eligibility Requirements and Age of Youth Covered

To be eligible for vocational rehabilitation services, an individual must: have a physical or mental impairment that results in a substantial impediment to employment; be able to benefit from receiving vocational rehabilitation services; and require vocational rehabilitation services to prepare for, secure, retain or regain employment. There are no statutory age requirements under the vocational rehabilitation program. For transition services, the regulations encourage agencies to work with students as early as possible.

Title V, Section 504 and Section 508

Services Provided and Provider of Services

Section 504 states that "no qualified individual with a disability in the United States shall be excluded from, denied the benefits of, or be subjected to discrimination under" any program or activity that either receives Federal financial assistance or is conducted by any Executive agency or the United States Postal Service.” Each Federal agency has its own set of section 504 regulations that apply to its own programs. Agencies that provide Federal financial assistance also have section 504 regulations covering entities that receive Federal aid. These regulations include reasonable accommodation for employees with disabilities; program accessibility; effective communication with people who have hearing or vision disabilities; and accessible new construction and alterations. Each agency is responsible for enforcing its own regulations.

Section 508 requires that Federal agencies' electronic and information technology is accessible to people with disabilities, including employees and members of the public. Section 508 establishes requirements for any electronic and information technology developed, maintained, procured, or used by the Federal government. Section 508 requires Federal departments and agencies that develop, procure, maintain, or use electronic and information technology to ensure that Federal employees and members of the public with disabilities have access to and use of information and data, comparable to that of the employees and members of the public without disabilities–unless it is an undue burden to do so. Section 508 standards are technical specifications and performance-based requirements, which focus on the functional capabilities covered by technologies.

Eligibility Requirements and Age of Youth Covered

N/A

Title VI, Part B

Services Provided and Provider of Services

Supported Employment Programs

VR state agencies develop collaborative programs to provide supported employment services for individuals with the most significant disabilities.

Eligibility Requirements and Age of Youth Covered

Individuals with the most significant disabilities. Age not specified; for transition services, the regulations encourage agencies to work with students as early as possible.

Title VII, Chapter 1, Part B

Services Provided and Provider of Services

Independent Living Centers

Independent Living Centers help people with disabilities maximize opportunities to live independently in the community.

Centers can provide employment related support to individuals but actual training or education is typically not provided.

Eligibility Requirements and Age of Youth Covered

Centers set their own age requirements.

 

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Review regulations related to Rehabilitation Act


Social Security Act - Public Law 74-2710
Topic What the Law States
General Disability Provisions

Services Provided and Provider of Services

Provides income and health benefits to youth with disabilities.

Eligibility Requirements and Age of Youth Covered

0-18 year of age, with some exceptions described below.

Parents' income and assets are considered in order for a child to receive benefits under Supplemental Security Income (SSI).

A child will be considered disabled if he or she has a physical or mental condition (or a combination of conditions) that results in "marked and severe functional limitations."

The condition must last or be expected to last at least 12 months or be expected to result in the child's death.

The child must not be working at a job that is considered to be substantial work.

Under Social Security Disability Insurance (SSDI), children receive benefits if parent are receiving disability or retirement benefits. Under SSDI, the disability of an individual under the age of 18 is not considered. The child's benefits normally stop at age 18 unless he or she is a full-time student in an elementary or high school (benefits can continue until age 19) or is disabled

Over the age of 18 in SSI, parental incomes and assets are no longer considered, and income and assets of the child only are used in determining eligibility for SSI (“Redetermination”).

An adult child who is disabled can qualify for SSDI benefits when his or her parent begins collecting Social Security retirement benefits at the age of 62.

Social Security Administration will evaluate the disability of an adult child (age 18 or older) who is applying for Social Security benefits for the first time, or who is being converted from a Social Security dependent child's benefit, by using adult disability criteria. To qualify for disability, an adult must have a physical or mental impairment, or combination of impairments, that is expected to keep him or her from doing any "substantial" work for at least a year or is expected to result in death. (Generally, a job that pays $810 or more per month is considered substantial.)

Disabled students under age 22 may exclude $1,370 of their monthly earnings, with an annual limit of $5,520 when counting their income for SSI purposes.

Title IV, Section 403a - Public Law 104-193; rescission Public Law 108-40

Services Provided and Provider of Services

Welfare-to-Work Services

State grants to provide community or work experiences, job creation, on-the-job training, job retention or support services, vocational education or job training for a maximum of 6 months, or contracted services for job readiness, job placement or post employment services.

Funding to the states has been rescinded.

Eligibility Requirements and Age of Youth Covered

Welfare recipients who have received benefits for at least 30 months or who are within 12 months of becoming ineligible for benefits due to a durational limit.

Title V - Public Law 101-239

Services Provided and Provider of Services

Healthy and Ready to Work

Promotes a comprehensive system of family-centered, culturally competent, community-based care for children with special health care needs who are approaching adulthood and may need assistance in making the transition from pediatric to adult health care and to post-secondary education and/or employment

Eligibility Requirements and Age of Youth Covered

Mainly covers children up to 18 years but some projects serve youth older then 18.

Title XIX and XXI, as part of the Balanced Budget Act of 1997 - Public Law 105-33

Services Provided and Provider of Services

State Children’s Health Insurance Program (SCHIP)

Gives each state the authorization to offer health insurance for children.

Eligibility Requirements and Age of Youth Covered

Children up to age 19 who are not already insured.

Families who earn too much to qualify for Medicaid may be able to qualify for SCHIP.

Ticket to Work and Work Incentives Act of 1999 - Public Law 106-170

Services Provided and Provider of Services

Training for Social Security Disability Eligible Individuals

Establishes approved providers called Employment Networks (ENs).
ENs can fund vocational rehabilitation, employment, or support services to help an individual go to work.

Eligibility Requirements and Age of Youth Covered

An individual must be receiving Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) and must have a disability for which medical improvement is not expected or possible; the individual must live in a state where Tickets are available.

 

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Workforce Investment Act of 1998 - Public Law 105-220
Topic What the Law States
Title I

Services Provided and Provider of Services

One-Stop Centers

A system under which entities responsible for administering separate workforce investment, educational, and other human resource development programs collaborate to create a seamless system of service delivery.

Title I includes Section 188, the non-discrimination clause, which states “no individual shall be excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in the administration of or in connection with, any such program or activity because of race, color, religion, sex (except as otherwise permitted under title IX of the Education Amendments of 1972), national origin, age, disability, or political affiliation or belief.

Eligibility Requirements and Age of Youth Covered

Service at One-Stop for job search activities is free and available to all. For more intensive services, including training, older youth ages 18-21 may be co-enrolled as youth and adults. The next section (Youth Service Programs) provides details of eligibility.

Title I, B for formula grants & Title IV Subtitle D for nationally managed progams

Services Provided and Provider of Services

Youth Service Programs

The formula grant program services are determined by and contracted for by the WIBs.
The federal government manages the Youth Opportunity Programs, Migrant & Seasonal Farmworker and Native American programs

Eligibility Requirements and Age of Youth Covered

Ages 14-21.

Eligible youth are low income and one or more of the following: deficient in basic literacy skills; a high school dropout; homeless; a runaway; or a foster child; pregnant or a parent; an offender; an individual who requires additional assistance to complete an educational program, or to secure and hold employment.

Up to five percent of youth participants served by youth programs in a local area may be individuals who do not meet the income criterion for eligible youth, provided that they are within one or more of the following categories:

  1. School dropout
  2. Basic skills deficient, as defined in WIA section 101(4)
  3. Are one or more grade levels below the grade level appropriate to the individual's age
  4. Pregnant or parenting
  5. Possess one or more disabilities, including learning disabilities
  6. Homeless or runaway
  7. Offender
  8. Face serious barriers to employment as identified by the Local Board.

In some circumstances, youth can be declared as a family of one and then only their income is counted toward the eligibility requirement.

Title I, C

Services Provided and Provider of Services

Residentially-based Education and Training Programs

Job Corps is a federally administered program that provides academic and occupational training in a residential setting.

Eligibility Requirements and Age of Youth Covered

Same income and deficit eligibility criteria as for Youth Service Programs but ages range from 16-24 and there is no upper age limit for an otherwise eligible individual with a disability.

Title II

Services Provided and Provider of Services

Adult Literacy Programs

Provides basic education instruction through a variety of program settings (e.g., community colleges, high schools, alternative schools, community based organizations, One-Stops, etc.).

Eligibility Requirements and Age of Youth Covered

Individuals over the age of 16, not currently enrolled in school who lack a high school diploma or the basic skills to function effectively as parents, workers, and citizens.

Title IV

Services Provided and Provider of Services

Incorporates Rehabilitation Act of 1973 into this title. For details visit the Rehabilitation Act of 1973, which includes the following titles and sections of interest.

  • Title I, Rehabilitation Agencies
  • Title V, Rights And Advocacy, Employment Of Individuals With Disabilities
    • Section 504
    • Section 508
  • Title VI, Supported Employment Services
  • Title VII, Independent Living Centers

 

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