Disability Rights
There are federal laws that govern disability rights in Arizona. The popular ones are the Americans with Disabilities Act (ADA), the Rehabilitation Act of 1973, and the Fair Housing Act. These laws aim to protect individuals with disability against discrimination in various areas. They include employment, housing, education, and access to public services.
Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities in the following areas:
- Employment (Title I)
- Transportation (Title II)
- Public accommodations (Title III)
- Telecommunications (Title IV)
Section 504 of the Rehabilitation Act of 1973 prohibits discrimination based on disability in any program or activity receiving federal financial assistance. Meanwhile, Section 508 requires federal electronic and information technology to be accessible to people with disabilities. This access includes employees and members of the public.
Fair Housing Act prohibits housing discrimination on the basis of race, color, national origin, religion, sex, familial status, and disability. Here are the common forms of housing discrimination:
- Refusing to rent or sell housing
- Making housing unavailable
- Setting different terms or conditions
- Providing unequal services
Individuals with Disabilities Education Act (IDEA) is a federal law that makes free appropriate public education available to eligible children with disabilities. It services children throughout the country. And ensures special education and related services.
Furthermore, Arizona has state laws and agencies to safeguard the rights of people with disabilities. Have you heard of the Arizona Center for Disability Law? It is a nonprofit law firm that protects and advocates for the rights of people with a range of impairments.
In terms of employment, the Arizona Civil Rights Act prohibits employers from discriminating against employees based on several factors, including disability. Arizona also has a Vocational Rehabilitation Program. It aims to help individuals with disabilities find and maintain employment.
Veterans Disability Benefits
The U.S. Department of Veterans Affairs (VA) provides the veterans’ disability benefits. These are available to veterans across the U.S. These benefits aim to compensate veterans for disabilities, diseases, or injuries incurred or aggravated during active military service.
- Veterans must have a disability that was caused or worsened by their service to qualify. This includes injuries or illnesses, as well as mental health conditions, such as PTSD.
- Eligible applicants can apply for benefits online through the eBenefits portal, by mail, or in person at a VA office. In Arizona, there are regional benefit offices in Phoenix and Tucson. There are also community-based outpatient clinics and Vet Centers throughout the state.
- Your application will then be reviewed by a VA representative. The VA may require medical examination to evaluate the disability.
- The VA will send the veteran a letter explaining the decision. If approved, the letter will state the disability rating (ranging from 0% to 100% in 10% increments) and amount of monthly compensation.
- A veteran can file an appeal if he or she disagrees with the decision. Requesting a higher-level review, filing a supplemental claim, or appealing to the Board of Veterans’ Appeals are some of the appeal options.
Special Education & IEPs
Special education services are governed by federal law. It specifically mentions the Individuals with Disabilities Education Act (IDEA). The IDEA mandates that public schools create an Individualized Education Program (IEP) for eligible students. They must adhere to both the federal and state definitions of special education within the school system.
- A student is referred for a special education evaluation. Referrals are made by through a teacher, parent, or other concerned party.
- There is a comprehensive evaluation to know if the student is eligible for the services. Parents or guardians must give the school consent for this evaluation.
- Parents and assigned school staff shall meet to review the evaluation results. They will also determine if the student qualifies for special education services.
- The eligible student will receive a custom IEP. It details information about the student’s current performance, goals for the student, services to be provided. This will include accommodations and modifications, and checking of progress.
- It is the school’s responsibility to implement the IEP.
- The IEP team must review the student’s IEP at least once a year. The team will determine if annual goals are met. Improvements will be made if necessary.
Parents and guardians can legally attend meetings about their child’s educational needs and services. Parents can also request an IEP meeting as needed. They can dispute an IEP or the results of an evaluation through a formal, legal process.