Key Legislative Initiatives
integration into society. Over the last 40 years, several critical pieces of U.S. federal legislation have changed the lives of individuals with disabilities in society, greatly improving their ability to attain their legal rights and live fulfilling lives. The Civil Rights Act of 1964 prohibited discrimination founded on race, color, religion, sex or national origin (USS CoJ, n.d.). However, it did not explicitly include individuals with disabilities. To secure the civil rights of individuals with disabilities, the Rehabilitation Act of 1973 was formed to enforce national law prohibiting discrimination based on disabilities. The Rehabilitation Act continues to protect civil rights and authorizes grants for vocational rehabilitation, employment, independent living, individual support and research (Autism Society, n.d.b.). Another important piece of legislature passed by the U.S. Congress is The Individuals with Disabilities Act (IDEA) of 1975. It mandates that all public schools in the U.S. must provide accommodations for children with disabilities to maximize their access to school curricula in the least restrictive environment.
The ADA of 1990 updates to the Rehabilitation Act of 1973 and more specifically forbids discrimination in the areas of, “employment, state & local government, public accommodations, commercial facilities, transportation, and telecommunications” (Civil Rights Division, 2009). Of particular significance for the ADA is Title I, which reinforces verbatim the same provisions as the Rehabilitation Act, mandating that employers must provide equal opportunity employment and make reasonable accommodations for known disabilities (Civil Rights Division, 2009).
In 2000, President Clinton issued the Executive Order 13162 to increase the number of employees with disabilities in the workforce and declared that the federal government should be the model employer (U.S. Government Printing Office, 2000). President Barrack Obama reissued President Clinton’s Executive Order 13163 and repositioned it by focusing specifically on recruitment of individuals with disabilities. The Executive Order included the establishment of the “Internship Program” and the “Recent Grad Program”, which came to be collectively known as the “Pathways Programs”, to provide meaningful opportunities to qualified individuals with disabilities (The White House, 2010).
The Rehabilitation Act Section 503 Revisions of 2014 is the most recent legislative update. Effective March 24, 2014 federal contractors and subcontractors are required to take affirmative action to actively recruit, hire, promote and retain individuals with disabilities in an effort to improve job opportunities and improves compliance with the ADA (Department of Labor, 2014). The objectives of the Section 503 Revisions include: achieve a 7% utilization goal for qualified individuals with disabilities; documentation and updates of quantitative data of the number of individuals with disabilities that apply and that are hired; invitations for employees to self-identify; and grant permission to the OFCCP to check that the contractor is in compliance (Department of Labor, 2014).
health and advocacy. As awareness for developmental, intellectual and mental disabilities increased in the United States, there was growing pressure on the health sector to take action to improve the management and treatments available for ASD. In 2006, the first ASD-specific piece of legislation, the Combating Autism Act, recognized ASD as a national healthcare crisis. Since its commencement, it has directed approximately $950 million for designing and implementing a strategic plan dedicated to ASD research (IACC, 2011).
In addition, President Obama’s ACA of 2010 is widely considered a major health reform supporting ASD related medical needs (HHS, n.d.b). Starting in 2014, individuals can no longer be denied health insurance coverage for pre-existing conditions, including ASD (HHS, n.d.b). Additionally, the ACA covers preventative measures such as ASD screening for children 18-24 months along with significant changes. These changes include: no more lifetime dollar limits, young adults up to 26 years old with ASD coverage by their parents and new insurance plans tailored around ASD (HHS, n.d.b). Soon after the ACA, the Combating Autism Reauthorization Act of 2011 authorized $693 million federal dollars for ASD research, treatment and services through September 2014 (Autism Speaks, 2014). In February 2013, the ABLE Act was an initiative introduced to Congress proposing that families with children with disabilities may create tax-exempt savings accounts for their child’s future needs including education, housing and transportation (Congress, 2014). The ABLE Act has been referred to the Subcommittee on Health and has not made progress since then.
In addition to federal initiatives supporting the ASD community, most of the 50 states and the District of Columbia have legislation related to ASD and developmental disabilities. As of 2014, thirty-four states and the District of Columbia have insurance coverage laws for individuals with ASD (Autism Speaks, 2014). For example, the Lanterman Act of 1977 passed in California to grant people with developmental disabilities support through the California regional centers for treatment, advocacy and protection (CDDS, 2001). In 2013, California joined more than half the states with their Self-Determination Act offering alternatives to the traditional delivery and management of healthcare services, commonly referred to as self-directed services. Self-directed services mean that Medicaid participants are provided with an individual services budget and increased flexibility to fulfill their IPP (California Legislative Information, 2013).