Legal

Major Disability Rights Laws and Legal Resources

Individuals with Autism and their families have a broad scope of rights and protections under various U.S. laws designed to ensure equality, access, and inclusion.

Americans with Disabilities Act

The Americans with Disabilities Act (ADA) serves as a cornerstone, providing comprehensive civil rights similar to those based on race, color, sex, and religion, and mandates equal opportunities in employment, public accommodations, and more.

The ADA does not contain a comprehensive list of medical conditions that constitute disabilities — instead, it is intentionally broad to accommodate changing circumstances and offers adaptability under the law. According to the ADA, an individual with a disability is someone who has a physical or mental impairment that substantially limits one or more major life activities. People who have a history of, or who are regarded as having, a physical or mental impairment that substantially limits one or more major life activities are covered by the ADA. Major life activities include caring for one’s self,walking, seeing, hearing, speaking, breathing, working, performing manual tasks, and learning. Thus, many individuals with a diagnosis of Autism spectrum disorder (ASD) are protected under the ADA.

The Olmstead Decision

The landmark Olmstead Decision reinforces the ADA’s stance against unjustified segregation, advocating for community-based services.

On June 22, 1999, the United States Supreme Court held in Olmstead v. L.C. that unjustified segregation of persons with disabilities constitutes discrimination in violation of Title II of the Americans with Disabilities Act. The Court held that public entities must provide community-based services to persons with disabilities when (1) such services are appropriate; (2) the affected persons do not oppose community-based treatment; and (3) community-based services can be reasonably accommodated, taking into account the resources available to the public entity and the needs of others who are receiving disability services from the entity.

Centers for Medicaid and Medicare Services (CMS) Home and Community-Based Services (HCBS) Settings Rule

The CMS Home and Community-Based Services (HCBS) Settings Rule, along with Social Security disability programs, provides financial assistance and community support. The 2014 HCBS regulations introduce new standards for Medicaid programs offering home and community-based long-term services and supports. These regulations aim to improve the quality of HCBS and offer more safeguards for individuals utilizing these services. They promote the goal of enabling individuals to fully engage in community life and to receive services in the most integrated setting possible, guided by the principles of person-centered planning. States are required to align with these regulations by March 17, 2023.

Rehabilitation Act

The Rehabilitation Act aims to prevent discrimination based on disability in federal programs, programs receiving federal funds, federal employment, and the employment practices of federal contractors. The criteria for identifying employment discrimination under the Rehabilitation Act align with those in Title I of the Americans with Disabilities Act.

The Individuals with Disabilities Education Act (IDEA)

Enacted in 1975, the IDEA ensures that students with disabilities are entitled to a free appropriate public education (FAPE) in the least restrictive environment (LRE). Rather than guaranteeing the optimal educational program for each student, IDEA mandates individualized assessments of students based on their specific needs and behaviors, rather than on general labels.

States must adhere to the minimum standards of IDEA to qualify for federal funding. While some states may offer provisions exceeding those required by IDEA, none can fall short of the act’s federal criteria.

Every Student Succeeds Act (ESSA)

Signed into law by President Obama on December 10, 2015, the Every Student Succeeds Act (ESSA) renews the Elementary and Secondary Education Act (ESEA), which is a 50-year commitment to educational equality. ESSA holds schools accountable for the education of all students, including those with disabilities, ensuring that they are assessed for progress and provided with the necessary support to keep up with their peers.

Social Security Disability Programs

Social Security offers disability benefits through two main programs: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). SSDI provides financial support to individuals who have worked in the past but are now unable to work due to a disability. SSI offers payments to disabled individuals who have limited income and resources.

Voting Rights and Elections

On February 7th, Senators Bob Casey (D-PA) and Amy Klobuchar (D-MN) introduced a package of legislation to make voting and running for office more accessible for people with disabilities. The Accessible Voting Act would assist state and local efforts to improve voter accessibility and remove barriers to voting. The Removing Access Barriers to Running for Elected Office for People with Disabilities Act would ensure that people with disabilities do not lose their federal disability benefits when they campaign for elected office. The AID (Accessibility and Inclusion to Diversify) Local Government Leadership Act would provide funding to local governments with limited budgets to support accommodations for local elected officials with disabilities. Companion bills were introduced in the House of Representatives by Rep. Madeleine Dean and Rep. Mary Gay Scanlon. For more information, see the press release.

Protecting Health Care for All Patients Act

On February 7, the House passed HR 485, the Protecting Health Care for All Patients Act. This bill, introduced by Representative Cathy McMorris Rodgers (R-WA), prohibits the use of quality-adjusted life years (QALYs) in coverage and payment determinations under federal healthcare programs. This ensures that agencies don’t assign less value to extending the life of an elderly, disabled, or terminally ill person than a younger, non-disabled, or not terminally ill person. The bill passed 211-208, and it is unclear whether the Senate will consider it.

Bipartisan Disability Community Act

On February 7th, Representatives Paul D. Tonko (D-NY) and Brian Fitzpatrick (R-PA) introduced the Disability Community Act, which would temporarily increase the Federal Match Assistance Percentage (FMAP) for providers who provide home and community-based services for individuals with intellectual and developmental disabilities.