The following is from The Disability Law Handbook Published by the Independent Living Research Utilization. To see the Handbook on line go to www.SouthweatADA.org. They also have a podcast available in English, Spanish, and American Sign Language,at www.DisabilityLawLowdown.com.
Because of the size it had to be put into 2 posts.

Transportation and the ADA

Is public transportation covered by the ADA?

Yes. If it is offered by a state or local government, it is covered by Title II of the ADA. If it is offered by a private company, it is covered by Title III.

Do all buses have to be accessible to people who use wheelchairs?

At this point, nearly all buses are required to be accessible. When the ADA was passed in 1990, it required that any new bus that was leased or purchased after that date would have to be accessible to people who use wheelchairs, but it did not require retrofitting of older buses. Since buses are generally replaced after 10 or 12 years, it would be very rare to have an inaccessible bus still in the fleet, since the ADA was passed 19 years ago. 

Do bus drivers have to let people who are blind ride the buses?

Bus drivers may not discriminate against people because of a disability. No transit provider may deny any person with a disability, on the basis of disability, the opportunity to use the transit provider’s service.

Are taxicabs covered by the ADA even if they are driven by private independent contractors?

Yes. Taxicabs are still covered by the ADA even if the drivers are not technically employees of a cab company.

Are shuttle buses on college campuses covered by the ADA?

The ADA does not require a college campus to offer a shuttle bus system, but if it does, then students with disabilities must be able to ride the shuttle system or be provided with equivalent transportation.

What is paratransit?

Paratransit is a transportation service that supplements public transit fixed route systems by providing door-to-door service for individuals with disabilities who cannot use the fixed route service.

Do all cities or counties have to offer paratransit service?

Any public entity that offers a fixed route service must also offer paratransit because there will always be some individuals with disabilities who are unable to navigate the fixed route systems on their own.

Is paratransit free?

No. Paratransit fares may not exceed twice the fare that would be paid by a person paying full fare on a comparable trip on the fixed route system.

Is every person who has a disability eligible for paratransit?

No. There are three categories of eligibility for paratransit:

1. Individuals who cannot navigate the fixed route system, as a result of a physical or mental impairment, without the assistance of another individual (other than the operator of a wheelchair lift or other boarding device);
2. Individuals with disabilities who can use buses that have wheelchair lifts, but want to travel on a route that uses buses that are not accessible; and
3. Individuals with disabilities who have specific impairment-related conditions that prevent the person from traveling to a boarding location or from a disembarking location. It must really prevent the travel and not just make it more difficult.

Does paratransit have to cover the same areas as the fixed route service covers?

The transit agency has to provide paratransit to and from places within corridors that are ¾ mile on each side of all fixed bus route service – making the corridor 1.5 miles wide.

What days and hours does paratransit have to be offered?

Paratransit must be available throughout the same hours and days as the transit agency’s fixed route service.

Rehabilitation Act

What is the Rehab Act?

The Rehabilitation Act of 1973, often called the Rehab Act, prohibits discrimination on the basis of disability in programs conducted by federal agencies, in programs receiving federal financial assistance, in federal employment, and in employment practices of federal contractors.

What is Section 504 of the Rehab Act?

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 gets federal financial help or is conducted by an administrative agency or the United States Postal Service.

Who is covered by Section 504?

Individuals who meet the definition of disability are covered. The definition is the same as it is for the ADA.

Which places are covered by Section 504?

It applies to any entity that receives federal financial assistance. This includes a lot more places than you might think about when you first hear that. Of course, it covers nearly all government entities. It also covers nearly all colleges, universities, and trade schools. Many private schools and day care centers are also covered, as are most health care facilities.

My child is covered by Section 504 in her public school. The school says they will come up with a 504 Accommodation Plan. Can you tell me what that is?

Yes. A 504 Accommodation Plan outlines the student’s needs and what modifications and accommodations will be provided. The plan is written by a team of people who are knowledgeable about the student. It’s similar to the Individual Education Plan (IEP) used in special education.

Who enforces Section 504?

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 get federal aid. Those entities that get federal financial help must provide 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 enforces its own regulations.

Section 504 can also be enforced by people with disabilities who have been discriminated against, through private lawsuits. You don’t have to file a complaint or get a “right to sue” letter before going to court.

Where can I get more information about how to file a Section 504 Complaint?

U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, NW
Disability Rights Section – NYAV
Washington DC 20530
800.514.0301/V
800.514.0383/TTY

So that’s Section 504. Are there other sections of the Rehab Act I should know about?

Yes – Sections 501, 503, and 508.

Section 501 requires affirmative action and nondiscrimination in employment by federal agencies. To find out about filing a 501 Complaint, contact your agency’s Equal Employment Opportunity office.

Section 503 requires affirmative action and prohibits employment discrimination by federal government contractors and subcontractors with contracts of more than $10,000. For more information, you can visit www.dol.gov/esa/ofccp. Or call 202.693.0106.

Section 508 has certain accessibility requirements for electronic and information technology used by the federal government. An accessible information technology system can be used in a variety of ways so that it doesn’t rely on a single sense or ability of the user. Federal government websites must be accessible to users who are blind or have low vision, who are deaf or hard of hearing, and/or who might need accessibility-related software or peripheral devices to use accessible systems. Federal government websites must be accessible to people with different kinds of disabilities.

Where can I get more information on Section 508?

U.S. General Services Administration
Office of Governmentwide Policy
IT Accessibility & Workforce Division
1800 F Street, NW
Room1234, MC:MKC
Washington DC 20405-0001
www.gsa.gov/section508
202.501.4906 (voice/relay)

U.S. Architectural and Transportation Barriers Compliance Board
1331 F Street NW, suite 1000
Washington DC 20004-1111
www.access-board.gov
800.872.2253/V
800.993.2822/TTY

Individuals with Disabilities Education Act (IDEA)

What kind of law is the Individuals with Disabilities Education Act?

It is a law that requires public schools to provide all eligible children with disabilities a free appropriate public education in the least restrictive environment appropriate to the child’s individual needs.

Does IDEA apply to both public schools and private schools?

No. IDEA applies only to public schools.

Does IDEA apply to public colleges?

No. IDEA applies only to public school systems that end at grade 12.

Are all students with disabilities eligible for special education and related services under IDEA?

No. IDEA has a list of eligibility categories. In addition to having a disability that fits into one of the categories, the child must, by reason of the disability, need special education and related services in order to receive a free appropriate public education (sometimes referred to as FAPE). The eligibility categories are: orthopedic impairment, other health impairment, auditory impairment, visual impairment, deaf-blindness, mental retardation, emotional disturbance, learning disability, speech impairment, autism, multiple disabilities, and traumatic brain injury.

What do public schools have to provide to those students?

IDEA requires the school to develop an appropriate Individualized Education Program (IEP) for each eligible student. IDEA also sets out the procedures that must be followed as the IEP is developed. Some of these include that the IEP must be developed by a team of knowledgeable persons and the IEP must be reviewed at least annually.

 

Who decides on what goes into the child’s IEP?

The IEP team decides what goes into the IEP. At a minimum, the IEP team must have the following members: the student’s parent(s), the adult student, a representative of the school district who is qualified to provide or supervise special education services, knows the general curriculum, and knows about the resources available in the district, at least one special education teacher or service provider, at least one general education teacher who is responsible for implementing the student’s IEP, someone who can interpret evaluations as they apply to a student’s instruction, and others who have knowledge or expertise about the student, including related services personnel, as appropriate.

What are related services?

Related services are services that students may need in order to benefit, and to receive a free appropriate public education, from the educational program. Only students who are eligible for special education services under IDEA are eligible for these related services. Some of the more common related services are: special transportation, assistive technology, speech therapy, rehabilitation counseling, counseling, psychological services, occupational therapy, social work, and orientation and mobility training.

Can children with disabilities get educational services even before kindergarten?

Yes, if they are eligible for services under IDEA. From birth to age three, states have early intervention programs for children who have developmental delays. Services for eligible children who are three and older, but have not yet reached their 22nd birthday on September 1 of the current school year, are provided by local school districts.

If I think my child might need special education services, what should I do?

You should request that the school evaluate your child to see if s/he is eligible for special education services under IDEA. The school will ask you to sign a consent for testing. You have the right to know about the abilities, skills, and knowledge that the school will evaluate, as well as a description and explanation of the procedures, tests, records, and reports they will be using in the evaluation.

My child has a lot of behavior problems at school. How is discipline handled under IDEA?

If your child’s behavior interferes with learning, or is disruptive to the classroom, the IEP must address the behavior. The IEP team is supposed to identify positive behavioral interventions and supports, recognize antecedents to inappropriate behavior, and develop other strategies to address the behavior. You might want to ask for a Functional Behavior Assessment (FBA) and this may assist the IEP team in designing a Behavior Intervention Plan (BIP).

What if my child already has an IEP, but I disagree with it?

It is important that both the parents and the school make a good faith effort to come to an agreement about the IEP, but sometimes, agreement is not possible. There are several options for parents in this situation. Parents may, of course, do nothing. In that case, the school will implement its plan, even over parental objections. Parents may choose to remove a child from public school in favor of private school or home school placement. Parents may request a mediation to try to resolve the areas of disagreement. Parents may speak with the State education agency about the possibility of filing a complaint. As a last resort, parents may file for a due process hearing. This is an administrative hearing presided over by an independent hearing officer.

Are there other laws that apply to students with disabilities in public schools?

Yes. Both Section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act may apply to students with disabilities.

Housing

Do disability laws cover housing for people with disabilities?

Yes. There are four key federal disability rights laws that affect housing for people with disabilities. The first is the Architectural Barriers Act (ABA), which covers all buildings owned or leased by the federal government. Section 504 of the Rehabilitation Act (504) also covers housing if the housing was built with federal funds or receives federal financial assistance. The Americans with Disabilities Act (ADA) has provisions that apply to discrimination in housing. And the most comprehensive housing discrimination statute is the Fair Housing Act (FHA), as amended in 1988.

What does the ABA cover?

The Architectural Barriers Act was the very first federal law that required certain buildings to be accessible to people with disabilities. It was passed in 1968. The ABA covers all buildings that are constructed or leased by the federal government, as well as any buildings built with a loan or a grant from the federal government. For the ABA, the accessibility standard is called the UFAS – Uniform Federal Accessibility Standards.

I didn’t know that 504 covered housing. What exactly does it cover?

Remember that 504 covers all entities that receive federal financial assistance. So 504 covers housing built with federal funds. Almost all public housing requires federal assistance. UFAS is the accessibility standard for 504. Under 504, five percent of all units must be fully accessible to people with mobility impairments, and two percent of all units must be fully accessible to people with sensory (hearing and vision) impairments.

Where is housing covered in the ADA?

In two places:

Title II covers programs of state or local governments, which includes housing. Title II requires new construction and alterations to have no architectural barriers that restrict access or use. Each part of a facility built after January 26, 1992 must be designed and constructed to be accessible. Title II applies to individual housing units as well as offices, recreational areas, and other parts of a housing complex that might not be covered by the FHA. Under Title II, housing may be built according to UFAS or ADAAG (ADA Accessibility Guidelines) standards.

Title III covers places of public accommodation associated with housing. Just like under Title II, new construction and alterations must have no architectural barriers. Housing itself is not covered by Title III, but rental offices, day care centers, and other places of public accommodation associated with housing are covered. Facilities built after January 26, 1993 must be built in compliance with the ADA Standards for Accessible Design and barriers in existing buildings must be removed if the removal is relatively easy to accomplish without much difficulty or expense.

Those are federal laws. Don’t states and some cities have their own building codes?

Yes, they do. In fact, there are more than 40,000 state and local building code jurisdictions nationally. In addition, there are many state and local fair housing laws and those might have additional or different access requirements.

The Fair Housing Act isn’t a disability law, is it?

No and yes. When the Fair Housing Act was first passed in 1968, it prohibited housing discrimination based on race, color, religion, and national origin. Sex discrimination in housing was added in 1974. Then in 1988, the FHA was changed again to include familial status (meaning that housing discrimination based on whether there were children under the age of 18 in the family was unlawful) and disability.

Including disability caused a lot of changes to the law because, for the other kinds of discrimination addressed by the law, it was enough to not refuse to sell or rent to, or otherwise treat unfairly, people in those protected classes. With disability, though, design and construction requirements were also necessary so that people with disabilities could access housing. 

 

So how does that work? Does the Fair Housing Act apply to all housing sales and rentals?

Yes, it is unlawful to discriminate in any aspect of selling or renting housing to an individual with a disability because of the disability. It is important to note that the Fair Housing Act requires landlords to make reasonable modifications to their policies so that people with disabilities have equal housing opportunities.

What are some examples of modifications to policies?

An apartment complex that does not allow pets would have to modify that policy to allow an individual with a disability who uses a service animal, or an emotional support animal, to have the animal. A housing project that does not allow reserved parking spaces would have to modify that policy so that a person who uses a wheelchair or who has very limited mobility could park in a spot close to the apartment unit.

Then all housing has to be accessible?

Not all housing. The design and construction requirements are for multifamily dwellings that were designed and constructed for first occupancy after March 13, 1991. A multifamily dwelling includes buildings with four or more single-family units (duplexes are not covered), apartment complexes, and other places where people sleep even if they share kitchens and/or bathrooms.

Are all the units in those buildings covered?

All the units are covered if the building has four or more units and has an elevator. If there is no elevator, then all ground floor units are covered.

Do the design and construction requirements apply to college dorms?

Yes. In addition to the usual kinds of housing, the FHA applies to time-shares, transitional housing, homeless shelters, student housing, and assisted living facilities.

I asked my landlord to put a ramp going to the door of my apartment, but he said he doesn’t have to do that. Is he right?

The landlord is correct that he does not have to put that ramp in for you. However, he must allow you to put in the ramp for yourself. You will be responsible for the cost involved and you will need to restore the area to its previous condition when you move.

I tried to rent an apartment, but because I have a child with Down Syndrome, the apartment manager said I would have to pay double the usual deposit. Is that legal?

No. The FHA makes it unlawful to discriminate against a person who is associated with a person with a disability. The apartment manager cannot increase your deposit simply because your child has a disability.

Where can I get more information?

You can go to www.fairhousingfirst.org or call 888.341.7781 (V/TTY).

If I have a complaint that falls under the Fair Housing Act, where do I send that?

Office of Program Compliance and Disability Rights
Office of Fair Housing and Equal Opportunity
U.S. Department of Housing and Urban Development
451  7th Street SW, Room 5242
Washington DC 20410

Social Security and Disability

What kinds of programs does Social Security have specifically for people with disabilities?

Of course, all of the programs of the Social Security Administration (SSA) are available to people who have disabilities and people who do not have disabilities. There are two main benefit programs for people with disabilities – Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI). There is also the Ticket to Work program that helps people who are getting SSI or SSDI to attempt to return to work with supports that protect benefits and gradually transition people to
self-sufficiency.

What is SSI?

SSI stands for Supplemental Security Income. It’s a federal income supplement program funded by general tax revenues – not Social Security taxes. It’s designed to help people who are elderly, blind, or have a disability (as defined by SSA, but we will get to that later), and who also have very limited or no income or assets. It provides cash assistance to meet very basic needs for food and shelter. Even if you have never worked or paid Social Security taxes, you may be eligible for SSI. But remember that one of the requirements for SSI is that you have very limited or no income, and few financial assets or resources.

What is SSDI?

SSDI stands for Social Security Disability Insurance. It pays benefits to a person who has a disability (as defined by SSA, but again, we will get to that later), and sometimes even to family members of the person with a disability, if the person worked long enough and paid Social Security taxes.

How do I apply for SSI or SSDI?

You may apply by calling 1.800.772.1213 and they will make an appointment to take your application by phone or in person at a Social Security office. You can also just go to a Social Security office without an appointment, but you will probably have to wait a long time.

The easiest way is to do as much as possible of the application process online. For SSDI, you can complete both the application and the Adult Disability and Work History Report online at www.socialsecurity.gov. For SSI, you can complete the online Adult Disability and Work History Report online, but then you will have to call 1.800.772.1213 in order to complete the application process.

Be sure to keep a copy of any paperwork you send to SSA.

How long will it take for Social Security to make a decision about whether I’ll get benefits?

Usually it takes about 3-5 months to get the initial decision.

Who makes the decision?

The Social Security Administration sends your application to a state agency that makes disability decisions. The state has medical and vocational experts who contact your healthcare providers to get information and records. The state agency might ask you to have a medical exam or tests. You do not have to pay for this. If the state does notify you that it is requesting that you be at a certain healthcare office or facility for an exam or test, be sure to keep that appointment.

I heard that most people get turned down when they apply. Is that true?

Yes, that’s true. Most people will be denied when they first apply. What’s most important, though, is to read that denial letter because it will tell you about your right to appeal.

What do I do if I get turned down at first?

You appeal that decision. The letter you get will tell you how to do that. When you appeal that initial denial, that is called reconsideration. You may be able to appeal for reconsideration online. Or you can complete paper forms and submit them. But either way, you must request reconsideration within 60 days. Even on reconsideration, though, most people are still denied benefits. Reconsideration generally takes another 3-5 months.

Is there another appeal if I get turned down on reconsideration?

Yes. You can appeal for a hearing by filing a Request for Hearing by an Administrative Law Judge and an Appeal Disability Report. Both can be submitted online or on paper. Again, this appeal must be filed within 60 days.

Will I have to wait another 3-5 months for the hearing with the judge?

Actually, you will probably have to wait a lot longer than that to get to the hearing. In some places, the wait for a hearing is longer than a year. It is impossible to say how long your wait will be, but your lawyer can probably give you an idea of the wait you can expect in your area.

What happens at the hearing?

That is a little difficult to answer because each hearing is a little different, but they do have some things in common. The people in the room will usually be the Administrative Law Judge (ALJ), the judge’s clerk who will record (either digitally or on tape) the hearing, and you, along with your representative, if you have one. There might also be a doctor (not anyone who has ever treated you, but just someone who can read and interpret the medical records and give an opinion about your ability to perform work-related activities), a psychologist or psychiatrist (if you have claimed to have a mental disability), and/or a vocational expert who will give an opinion about whether there are jobs that you could do, even with the limitations you have. In the hearing, you will have a chance to explain to the judge why you believe that you should get benefits.

After the hearing, the judge will notify you in writing of his/her decision.

If I lose there, is that the end of the line for appeals?

No. You may appeal to the Appeals Council by filing a Request for Review of Decision/Order of Administrative Law Judge. You cannot do this online at this time. It must be filed on paper. The form is available online or you can call 1.800.772.1213 and request that the form be mailed to you. Your request will go to the Office of Disability Adjudication and Review. Someone there will review your medical records and notify you in writing about the decision on your case. If you do not prevail in your appeal to the Appeals Council, you can file suit in federal court. You must have a lawyer to do this. The case will be filed on your behalf against the Social Security Administration. A federal district court judge will hear the case and notify you in writing of the decision in your case.

Should I get a lawyer to help me apply for SSI or SSDI?

You are not required to have a lawyer unless you appeal to federal court. However, it might be a good idea to have a lawyer help you, especially if you are going to have a hearing before a Social Security Administrative Law Judge. The reason it’s helpful to have a lawyer with you at that point is that a lawyer will know what kind of evidence to gather, how to best present the evidence, what to ask the witnesses that the judge will ask to testify, whether to seek additional witnesses, how to prepare you for the questions you will face, and how to put on the best case possible. Also, a lawyer will help to ease some of the fear and nervousness that most people feel when they go into a courtroom setting.

What should I do if I can’t afford a lawyer?

Social Security law sets out how lawyers get paid and no lawyer is allowed to charge you more than that. The way it works is that you do not have to pay the lawyer anything in advance for his/her fee. There might be a very small expense deposit to cover the costs of mailing and copies and those kinds of out-of-pocket expenses. But you do not pay the lawyer a fee for his/her time. The lawyer will be paid 25 percent of your past due benefits, or $5300, whichever is less. And the lawyer is paid only if you get benefits. If you do not prevail in your case, then the lawyer does not get a fee and cannot ask you to pay a fee.

What is the Social Security definition of disability?

It’s important to remember that the definition of disability is a legal definition and not a medical definition. Therefore, there are almost as many definitions of disability as there are disability laws. Social Security pays only for total disability. No benefits are paid for partial disability or for short-term disability under SSI or SSDI.

Social Security law defines disability as the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment(s) which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.

Disability, under Social Security law, is based on your inability to work. You will meet the Social Security definition of disability if SSA finds that you cannot do the work you did before; you cannot adjust to other work because of your medical condition(s); and your disability has lasted or is expected to last for at least one year or result in death. This is a strict definition of disability.

What is a “medically determinable impairment?”

It is an impairment that can be shown by medically acceptable clinical and/or laboratory diagnostic techniques. The impairment must be established by medical evidence consisting of signs, symptoms, and lab findings – and not simply by a person listing the symptoms.

Lots of times, people will bring a letter from a doctor that says that they have a disability. Often it says the person has a “total and permanent disability.” They don’t understand why, if their doctor says it, that Social Security disagrees. This goes back to the definition of disability being legal rather than medical. Your doctor, probably, is not a lawyer. So SSA is not that interested in the legal opinion of your doctor. What SSA wants from your doctor is evidence in the form of clinical notes and diagnostic tests and lab findings. SSA wants to know what treatments have been tried and how they have, or have not, worked. SSA wants to know about side effects of treatments and medications. SSA wants to know how your condition affects your ability to function and do work-related activities.

I heard that Social Security has a list of disabilities. How can I find out if my condition is on that list?

Social Security does not have a list of disabilities. What it has is a Listing of Impairments. The Listing of Impairments describes impairments that are considered severe enough to prevent a person from gainful work-related activities. But this isn’t the kind of list where you can just look for your condition, find it, and know you’ll get benefits. It goes into detail about the criteria under which each condition is considered. Just because your condition is in the Listing of Impairments, that does not mean that you will automatically get benefits.

What kind of medical benefits do I get if I am on SSI or SSDI?

If you get SSDI, you can get Medicare coverage. Medicare helps pay hospital and doctor bills and it will go into effect after you have gotten benefits for at least 24 months, unless you have ALS or need long-term dialysis for chronic kidney disease or need a kidney transplant. Medicare pays roughly 80 percent of reasonable charges.

If you get SSI, you will get Medicaid (the name varies in some states). Medicaid covers all of the approved charges of the patient.

Can someone work and still get disability benefits from Social Security?

Social Security rules make it possible for people to test their ability to work without losing their benefits. These rules are called “work incentives.” The rules are different for SSI and SSDI, but under both programs, the program may provide continued cash benefits, continued help with medical bills, help with work-related expenses, and vocational training.  For more information about work incentives, ask any Social Security office for the publication called “The Red Book – A Guide to Work Incentives.”

What is the Ticket To Work program?

Ticket to Work gives most people who are getting Social Security benefits more choices for getting employment services. SSA issues the “tickets” to eligible people who, in turn, may choose to assign those tickets to an Employment Network (EN) of their choice to get employment services, vocational rehabilitation (VR) services, or other support services they need to achieve a work goal. The EN, if it accepts the ticket, will help the person find and maintain employment. You can get more specific information about the Ticket to Work by contacting the SSA at 1.800.772.1213 or visiting the website at www.socialsecurity.gov

Air Travel

What disability law applies to air carriers?

The Air Carrier Access Act.

Is this a new law?

Not really. It was passed by Congress in 1986. In 1990, the Department of Transportation published implementing regulations. The Air Carrier Access Act (ACAA) is supposed to minimize the special problems that travelers with disabilities face as they navigate through the complex air travel system.

Does this law cover all kinds of disabilities or only mobility impairments?

It does cover all kinds of disabilities and it also covers temporary disabilities (like broken legs) that are not included in the definition of disability.

So airlines have to let people with disabilities on flights?

Yes. Airlines cannot refuse a passenger just because that passenger has a disability. Also, airlines cannot limit the number of people with disabilities on a particular flight. Any information that other passengers get must also be provided to people with disabilities. The only exceptions are if the individual with a disability would endanger the health or safety of other passengers or violate an FAA safety rule, or if the plane has fewer than 30 seats and there are no lifts or boarding chairs available that can adapt to the space limitations of such a small plane.

I use a portable oxygen concentrator (POC) and when I tried to take it on a plane a few years ago, the airline would not allow it. Is it lawful for them to do that?

The answer to that question has changed. Prior to May 2009, it was lawful for the airlines to prohibit POCs on flights. Now, however, on all U.S. airlines operating flights on aircraft with 29 or more seats, the airline must allow approved POCs. “Approved” just means that it has a label stating that it meets the FAA requirements for medical portable electronic devices.

What does an airline not have to provide under the ACAA?

The airline is not required to actually provide the medical oxygen for use on the plane, the ability to carry an incubator, hook-up for a respirator to the plane’s electrical system, or accommodations for a passenger who has to travel on a stretcher. If the airline chooses to provide any of these services, it may charge a reasonable fee and require 48-hour advance notice and 1-hour advance check-in.

What if I have a complaint under the ACAA?

There are two options. All airlines are required to have a Complaints Resolution Official (CRO) immediately available to resolve disagreements between passengers with disabilities and the airline. If things are not resolved by the CRO, then a complaint may be filed with:

Aviation Consumer Protection Division
U.S. Department of Transportation
400 Seventh Street, SW
Room 4107, C-75
Washington, D.C. 20590
http://Airconsumer.ost.dot.gov
202.366.2220/V  
202.366.0511/TTY

Civil Rights of Institutionalized Persons Act

What does this law do?

The Civil Rights of Institutionalized Persons Act (CRIPA) gives the Attorney General the power to investigate conditions of confinement of state and local government institutions such as prisons, jails, detention centers, juvenile correctional facilities, government-operated nursing homes, and institutions for individuals who have psychiatric or development disabilities. It allows the Attorney General to uncover and correct serious problems that put the health and safety of people in these institutions in danger.

So if I have a complaint about the way I was treated in a jail, can the Attorney General sue them for me?

No. The Attorney General does not have the power under CRIPA to investigate isolated incidents or to represent individual institutionalized persons.

But if it’s widespread, then the Attorney General can sue?

Yes, on behalf of the government, but not on behalf of an individual. The Attorney General can sue in civil court if there is reasonable cause to believe that conditions are “egregious or flagrant,” that they are causing “grievous harm” to the residents or detainees, and that they are part of a “pattern or practice” of denying residents the full enjoyment of constitutional or federal rights.

Who do I contact to bring something to the Attorney General’s attention?

U.S. Department of Justice Civil Rights Division
950 Pennsylvania Avenue NW
Special Litigation Section – PHB
Washington DC 20530
www.usdoj.gov/crt/split
877.218.5228

Resources

• Disability and Business Technical Assistance Center
  800.949.4232 V/TTY
  www.adata.org
• ADA Information Line
  U.S. Department of Justice
  Civil Rights Division
  950 Pennsylvania Avenue NW
  Disability Rights Section – NYAV
  Washington DC 20530
  www.ada.gov
  800.514.0301 V
  800.514.0383 TTY
• Abledata
  8630 Fenton Street, suite 930
  Silver Spring MD 20910
  www.abledata.com
  800.227.0216 V
  301.608.8912 TTY
• Access Board
  United States Access Board
  1331 F. Street NW – suite 1000
  Washington DC 20004-1111
  www.access-board.gov
  800.872.2253 V
  800.993.2822 TTY
• Accessible Web Design – Bobby
  127 Bridge St.
  Plattsburgh NY 12901
  www.accessible.org
  450.534.4253
• Adaptive Environments Institute for Human Centered Design
  180-200 Portland Street, suite 1
  Boston MA 02114
  www.humancentereddesign.org
  617.695.1225 V/TTY
• Alliance for Technology Access
  1304 Southpoint Blvd., suite 240
  Petaluma CA 94954
  www.ATAccess.org
  707.778.3011 V
  707.778.3015 TTY
• American Association of People with Disabilities
  1629 K Street NW, suite 503
  Washington DC 20006
  www.aapd-dc.org
  800.840.8844 V/TTY
• American Indian Disability Technical Assistance Center
  The University of Montana Rural Institute
  Center for Excellence in Disability Education, Research and Services
  32 Corbin Hall, the University of Montana
  Missoula MT 59812-7056
  www.aidtac.ruralinstitute.umt.edu
• Assistive Tech
  Center for Assistive Technology and
  Environmental Access
  Georgia Institute of Technology
  www.assistivetech.net
  404.894.4960 V/TTY
• Center for Applied Special Technology (CAST)
  40 Harvard Mills Square – suite 3
  Wakefield MA 01880-3233
  www.cast.org
  781.245.2212
• Center for the Study and Advancement of Disability Policy
  1875 Eye Street NW, 12th floor
  Washington DC 20006
  www.disabilitypolicycenter.org
  202.466.6550
• Disability Access Symbols – Graphic Artists Guild
  32 Broadway, suite 1114
  New York NY 10004
  www.gag.org/resources/das.php
  212.791.3400
• Disability Info
  www.disabilityinfo.gov
• Disability Rights Education and Defense Fund (DREDF)
  2212 Sixth Street
  Berkeley CA 94710
  www.dredf.org
  510.644.2555 V/TTY
• Disability Statistics
  Cornell University
  School of Industrial and Labor Relations
  201 Dolgen Hall
  Ithaca NY 14853-3901
  www.disabilitystatistics.org
  607.255.7727 V
  607.255.2891 TTY
• Equal Employment Opportunity Commission
  www.eeoc.gov
  800.669.4000 V
  800.669.6820 TTY
• Fair Housing Accessibility First
  www.fairhousingfirst.org
  888.341.7781 V/TTY
• Federal Communication Commission
  Disability Rights Office
  445 12th Street SW
  Washington DC 20554
  www.fcc.gov/cgb/dro/
  888.225.5322 V
  888.835.5322 TTY
• Federal Transit Administration
  Office of Civil Rights
  U.S. Department of Transportation
  400 Seventh St. SW, room 9102
  Washington DC 20590
  www.fta.dot.gov/ada
  888.446.4511 V/Rel
• Housing and Urban Development (HUD)
  451 7th Street SW
  Washington DC 20410
  www.hud.gov/offices/fheo/disabilities/index.cfm
  202.708.1112 V
  202.708.1455 TTY
• Job Accommodation Network
  www.jan.wvu.edu
  800.526.7234 V/TTY
• National Center on Accessibility
  IU Research Park
  501 North Morton Street, suite 109
  Bloomington IL 47404-3732
  www.ncaonline.org
  812.856.4422 V
  812.856.4421 TTY
• National Center on Workforce & Disability (NCWD)
  Institute for Community Inclusion
  UMass Boston
  100 Morrissey Blvd
  Boston MA 02125
  www.onestops.info
• National Center for Accessible Media
  Carl and Ruth Shapiro Family
  National Center for Accessible Media
  One Guest Street
  Boston MA 02135
  www.ncam.wgbh.org
  617.300.3400 V
  617.400.2489 TTY
• Protection & Advocacy Agencies
  National Disability Rights Network
  900 Second Street NE – suite 211
  Washington DC 20002
  www.napas.org
  202.408.9514 V
  202.408/9521 TTY
• RESNA
  Rehabilitation Engineering & Assistive Technology
  Society of North America
  1700 N. Moore St. Suite 1540
  Arlington VA 22209-1903
  703.524.6686 V
  703.524.6639 TTY
• Section 508 Information
  www.section508.gov
• Small Business Administration
  409 Third Street SW
  Washington DC 20416
  www.sba.gov
  800.827.5722 V
  704.344.6640 TTY
• Social Security – Benefits for People with Disabilities
  Social Security Administration
  Office of Public Inquiries
  Windsor Park Building
  6401 Security Blvd.
  Baltimore MD 21235
  800.772.1213 V
  800.325.0778 TTY
• Technology Integration in Education
  Linda J. Burkhart
  6201 Candle Ct.
  Eldersburg MD 21784
  www.lburkhart.com
• The ARC
  1010 Wayne Avenue, suite 650
  Silver Spring MD 20910
  www.thearc.org
  800.433.5255
• US Department of Education- Office for Civil Rights
  400 Maryland Ave SW
  Washington DC 20202
  www.ed.gov/offices/OCR/
  800.872.5327 V
  800.437.0833 TTY
• U.S. Department of Transportation
  1200 New Jersey Ave SE
  Washington DC 20590
  www.dot.gov
  202.366.4000
• Web Accessibility In Mind (WebAIM)
  Center for Persons with Disabilities
  6800 Old Main Hill
  Utah State University
  Logan UT
  435.797.7024 V
  435.797.1981 TDD
• Workplace RERC
  RERC on Workplace Accommodations
  CATEA, Georgia Institute of Technology
  490 Tenth St. NW
  Atlanta GA 30318
  www.workrerc.org
  800.726.9119

Statute and Regulation Citations

Air Carrier Access Act of 1988

49 U.S.C. §41705
Implementing Regulation:
14 CFR Part 382

Americans with Disabilities Act of 1990

42 U.S.C. §§12101 et seq.
Implementing Regulations:
29 CFR parts 1630, 1602 (Title I, EEOC)
28 CFR Part 35 (Title II, DOJ)
49 CFR Parts 27, 37, 38 (Title II, III, DOT)
28 CFR Part 36 (Title III, DOJ)
47 CFR §§64.601 et seq. (Title IV, FCC)

Civil Rights of Institutionalized Persons Act

42 U.S.C. §§ 1997 et seq.

Fair Housing Amendments Act of 1988

42 U.S.C. §§3601 et seq.
Implementing Regulation:
24 CFR Parts 100 et seq.

Individuals with Disabilities Education Act

20 U.S.C. §§ 1400 et seq.
Implementing Regulation:
34 CFR Part 300

Section 501 of the Rehabilitation Act of 1973, as amended

29 U.S.C. §791
Implementing Regulation:
29 CFR §1614.203

Section 503 of the Rehabilitation Act of 1973, as amended

29 U.S.C. §793
Implementing Regulation:
41 CFR Part 60-741

Section 504 of the Rehabilitation Act of 1973, as amended

29 U.S.C. §794

More than 20 Implementing Regulations for federally assisted
programs, including:
34 CFR Part 104 (DOE)
45 CFR Part 84 (HHS)
28 CFR §§42.501 et seq.

More than 95 Implementing Regulations for federally conducted programs, including:
28 CFR Part 39 (DOJ)

Section 508 of the Rehabilitation Act of 1973, as amended

29 U.S.C. §794d