Rehabilitation History

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Rehabilitation History Legislation

• Session 1

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Introduction

• Welcome to New Hampshire Vocational
  Rehabilitation (NHVR). This first session is
  intended to provide you with some basic
  information about the Rehabilitation Act and the
  history of Rehabilitation in the United States

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Introduction

• It is important for rehabilitation counselors to
  know, understand, and to be able to apply the key
  pieces of legislation affecting rehabilitation
  services in the United States

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Introduction

• Knowledge of legislation is important because it
  affects who is determined eligible for
  rehabilitation services, how rehabilitation
  services are provided, the rights of persons with
  disabilities in the rehabilitation process and in
  the work environment, and how rehabilitation
  services are evaluated.
• The counselor who has an understanding of
  previous and current legislation will be better
  able to meet the needs of customers requesting
  rehabilitation services.

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History of Rehabilitation

• Vocational Rehabilitation in the U.S. is a 87
  year old program
• Prior to the latter part of the 19th century, the
  care of persons with disabilities rested
  primarily with the family and church related
  institutions.
• The development of the rehabilitation movement in
  the U.S is linked to the emergence of the
  industrial age and the consequences of World War
  I.

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History

• Impact of WWI
• National Defense Act 1916 -
• Soldiers Rehabilitation Act (1918)
• aka Smith-Sears Veterans Rehabilitation Act

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History

• The Smith-Fess Act (1920), also known as the
  Vocational Rehabilitation Act, authorized the
  establishment of a state-federal vocational
  rehabilitation program for civilians

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The Rehabilitation Act

• The Rehabilitation Act of 1973, P.L.112
• Emphasizes priority of service for persons with
  the most severe disabilities
• Promotes consumer involvement
• Stresses program evaluation
• Provides support for research
• Advances the rights of persons with disabilities

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In New Hampshire

• New Hampshires own Vocational Rehabilitation
  Program began in 1931 as a one-man agency.
• In the late 1940s, two counselors covered the
  State and this increased to four in the 1950s.
• In the 1960s and 1970s legislation permitted
  expansion to increase professional counselor
  staff.
• By 1983 Rehabilitation counseling staff reached a
  complement of 37.
• Today NHVR has 45 caseload carrying Counselors
  who serve over 7,000 eligible customers each
  year.

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Break

• When ready to continue, press the Enter key
• The next section takes about 15 minutes to view

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Other Related Laws

• Including ADA, IDEA, WOTC, and TWIIA

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Legislation Affecting Persons with Disabilities

• Education
• Individuals with Disabilities Education Act
• Carl D. Perkins Vocational Education Act
• National Library Service for Persons who are
  Blind Physically Disabled

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Legislation Affecting Persons with Disabilities
(cont.)

• Employment
• Fair Labor Standards Act
• Work Opportunity Tax credit
• Federal Employment for Individuals with
  Disabilities

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Legislation Affecting Persons with Disabilities
(cont.)

• Health
• Medicare
• Medicaid

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Legislation Affecting Persons with Disabilities
(cont.)

• Income Maintenance
• Federal Old Age, Survivors and Disability
  Insurance Benefits (Social Security)
• Supplemental Security Income

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Legislation Affecting Persons with Disabilities
(cont.)

• Rights
• Americans with Disabilities Act
• Fair Housing Act
• Architectural Barriers Removal

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Legislation Affecting Persons with Disabilities
(cont.)

• Vocational Rehabilitation
• Rehabilitation Act of 1973
• Technology Assistance Act

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Legislation Affecting Persons with Disabilities
(cont.)

• Miscellaneous
• Agricultural Research Facilities Act
• Telecommunications Act of 1996
• National voter registration act
• Voting Accessibility for the Elderly and
  Handicapped Act

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Americans with Disabilities Act (ADA)

• Throughout the 1970's and 1980's, Congress
  enacted numerous bills aimed at protecting
  individuals with disabilities against
  discrimination. Safeguards enacted included

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ADA (cont.)

• Protection against discrimination in federally
  assisted and federally conducted programs
• Accessibility to facilities and programs
  supported or operated by the federal government
• The right to a free, appropriate education

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ADA (cont.)

• Entitlement to protection from harm in
  institutions
• Access to protection and advocacy services for
  those who are developmentally disabled,
  chronically mentally ill, or severely disabled
• The right to medically indicated treatment for
  infants with disabilities

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ADA (cont.)

• In 1990, Congress approved the Americans with
  Disabilities Act (P.L. 101-336), a sweeping
  affirmation of the rights of citizens with
  disabilities. A disability is defined as

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ADA (cont.)

• A physical or mental impairment that
  substantially limits one or more of the major
  life activities of an individual
• A record of such an impairment or
• Being regarded as having such an impairment

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ADA (cont.)

• The Americans with Disabilities Act, commonly
  referred to as "ADA," is divided into five
  titles
• Title I. Prohibits discriminatory employment
  practices.
• Title II. Deals with discrimination in public
  services.

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ADA (cont.)

• Title III. Deals with rights and privileges in
  private settings.
• Title IV. Requires phone companies to install
  telecommunication relay services for persons with
  speech and hearing impairments.
• Title V. Contains miscellaneous provisions.

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Work Opportunity Tax Credit

• The Work Opportunity Tax Credit (WOTC) is a
  federal tax credit that encourages employers to
  hire individuals from targeted groups of job
  seekers by reducing employers federal income tax
  liability.

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Ticket to Work (TWIIA)

• What is the Ticket Program?
• The Ticket to Work and Self-Sufficiency Program
  is an employment program for people with
  disabilities who are interested in going to work.
  The Ticket Program is part of the Ticket to Work
  and Work Incentives Improvement Act of 1999
  legislation designed to remove many of the
  barriers that previously influenced peoples
  decisions about going to work because of the
  concerns over losing health care coverage

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Ticket to Work (TWIIA) (cont.)

• The goal of the Ticket Program is to increase
  opportunities and choices for Social Security
  disability beneficiaries to obtain employment,
  vocational rehabilitation (VR), and other support
  services from public and private providers,
  employers, and other organizations.

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Ticket to Work (TWIIA) (cont.)

• Under the Ticket Program, the Social Security
  Administration (SSA) provides disability
  beneficiaries with a Ticket they may use to
  obtain the services and jobs they need from
  organizations called Employment Networks (ENs).

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Ticket to Work (TWIIA) (cont.)

• Day-to-day administration of the Ticket Program
  is the responsibility of the Program Manager
  (PM). SSA has contracted with MAXIMUS, a private
  company, to perform this role.

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Break

• When ready to continue, press the Enter key
• The next section takes about 6 minutes minutes to
  view

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Purpose and Authority for VR

• Law (the Rehabilitation Act of 1973, as amended)
• Regulation (34 CFR 361, 34 CFR 363)
• Rules (Chapter Ed 1000)
• Policy (NHVR Policy Manual)

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The Law

• As identified earlier the law that authorizes the
  vocational rehabilitation program is the
  Rehabilitation Act of 1973, as amended. The
  Rehab Act was last amended as Title IV of the
  Workforce Investment Act.
• Rehabilitation Act Amendments of 1998,
  P.L.105-220 enacted August 7, 1998

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Law

• The Rehabilitation Act is identified in U.S. Code
  under Title 29 U.S.C. SS SS720 et seq and Title
  29 U.S.C. 701 et seq
• U.S. Code (U.S.C.) The United States Code
  (U.S.C.) is a compilation and codification of the
  general and permanent federal Law of the United
  States.

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Regulations

• Regulation (Code of Federal Regulation (CFR))
  Regulation is a rule or order issued by a federal
  or state executive-branch department or
  administrative agency, generally under authority
  granted by statute, that enforces or amplifies
  laws enacted by the legislature and has the force
  of law.
• 34 CFR Part 361 issued on January 17, 2001
• 34 CFR Part 361 issued on January 22, 2001
• 34 CFR Part 363 (Supported Employment)

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State Law

• In addition to federal law and regulation, state
  law provides authority for the vr program in New
  Hampshire.
• State Law New Hampshire Revised Statutes
  Annotated (RSA)
• (RSA 200-C
• RSA 186-B
• RSA 186.5

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Rules

• State Rules An administrative rule is defined as
  a regulation or standard adopted by an agency to
  implement or make specific a law enforce or
  administered by the agency or interpret a
  procedure or practice requirement binding on
  persons outside the agency. Rules shall be valid
  and binding on persons they affect, and shall
  have the force of law unless amended or revised.
• Chapter Ed 1000

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Policy

• NH Vocational Rehabilitation Policy Manual
  further defines how vocational rehabilitation
  services are provided in New Hampshire
• The first section in Part 1 of the policy is the
  Purpose and Authority section. This section
  identifies the overall goal or function of NHVR.
  This statement informs customers, staff and other
  interested parties of the Agencys role.

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Purpose Policy Part 1.1

• 1. Purpose. The purpose of the New Hampshire
  vocational rehabilitation services program is to
  assess, plan, develop, and provide vocational
  rehabilitation services for individuals with
  disabilities, consistent with their strengths,
  resources, priorities, concerns, abilities,
  capabilities, interests, and informed choice, so
  that they can prepare for and engage in gainful
  employment. References Federal Regulation
  34CFR 361.1State Rules Part Ed 1001.01)

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Authority

• Authority can be giving in law, by custom, by
  understood rules of morality or by consent of the
  person under authority. Section Part 1.2 of
  policy identifies the laws, regulations, and
  state rules that give NHVR the right to direct
  the programs and activities of the Agency

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Authority Policy Part 1.2

• Authority The Vocational Rehabilitation (VR)
  program is operated in compliance with the
  federal Rehabilitation Act of 1973, as amended.
  The legal authorities for the policies contained
  in the New Hampshire Vocational Rehabilitation
  Services Policy Manual are Title 29 U.S.C. SS SS
  720 et. seq. 34 CFR Part 361 issued on January
  17, 2001 and January 22, 2001 update and 34 CFR
  Part 363 (Supported Employment), Rehabilitation
  Act Amendments of 1992, P.L. 102-569 enacted
  October 29, 1992 and Rehabilitation Act
  Amendments of 1998, P.L.105-220 enacted August 7,
  1998.NH Revised statutes annotated RSA 200-C and
  RSA 186-B serve as the state authority for the
  vocational rehabilitation program. Rule making
  authority for the State Board of Education is
  contained in RSA 186.5. The rules for the New
  Hampshire vocational rehabilitation services
  program (Chapter Ed 1000) implement the State
  Vocational Rehabilitation Services Program
  authorized by Title I of the Rehabilitation Act
  of 1973, as amended, 29 U.S.C. 701 et seq.

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Additional Resources

• Training and Resources Additional information
  and training materials for this section,
  including information on the Rehabilitation Act
  and the history of rehabilitation legislation can
  be found in the resource section of the Counselor
  Manual Rehabilitation Act, Legislation fact
  sheet, Federal Regulations (1/17, 1/22, SEP)