UNITED STATES DEPARTMENT OF EDUCATION

OFFICE OF SPECIAL EDUCATION

AND REHABILITATIVE SERVICES

REHABILITATION SERVICES ADMINISTRATION

WASHINGTON, DC 20202

[INFORMATION MEMORANDUM]{.underline}

RSA-IM-93-23

RSM-

Date: August 9, 1993

ADDRESSEES: STATE VOCATIONAL REHABILITATION AGENCIES (GENERAL)

STATE VOCATIONAL REHABILITATION AGENCIES (BLIND)

CLIENT ASSISTANCE PROGRAMS

RSA SENIOR MANAGEMENT TEAM

REGIONAL REHABILITATION CONTINUING EDUCATION

PROGRAMS

RSA DISCRETIONARY GRANTEES

SUBJECT : References to the Americans with Disabilities Act of 1990
Contained in the 1992 Amendments to the Rehabilitation Act of 1973

CONTENT : The 1992 Amendments to the Rehabilitation Act of 1973 (the
Act) contain numerous references to the Americans with Disabilities Act
of 1990 (the ADA). Some of these references ensure that the goals and
intent of the two acts are identical or working in concert. Other
modifications to the Act were made to conform language of the Act with
similar language in the ADA. This Information Memorandum highlights key
provisions/changes in the Act along with a summary of the purpose for
the changes. The language of the law is presented in **bold** print with
new language [underlined]{.underline}. A summary of the changes follows
the statutory language.

**FINDINGS; PURPOSE; POLICY**

**Section 7 Definitions**

\(8\) **[(E) For the purposes of sections 501, 503 and 504
-]{.underline}**

(i) **[for purposes of the application of subparagraph (B) to such
    sections, the term \"impairment\" does not include homosexuality or
    bisexuality; and]{.underline}**

**(ii) [therefore the term \"individual with a disability\" does not
include an individual on the basis of homosexuality or
bisexuality.]{.underline}**

**[(F) For the purposes of section 501, 503 and 504, the term
\"individual with a disability\" does not include an individual on the
basis of -]{.underline}**

**[(i) transvestism, transsexualism, pedophilia, exhibitionism,
voyeurism, gender identity disorders not resulting from physical
impairments, or other sexual behavior disorders;]{.underline}**

**[(ii) compulsive gambling, kleptomania, or pyromania;
or]{.underline}**

**[(iii) psychoactive substance use disorders resulting from current
illegal use of drugs.]{.underline}**

These modifications conform language in the definition of \"individual
with a disability\" to that

used in the civil rights sections of Title V of the Act so that the
protected class coverage of these

sections is similar to the protected class coverage of the ADA. They
incorporate the exclusions

from the term \"individual with a disability\" set forth in the ADA for
purposes of sections 501,

503, and 504 of the Rehabilitation Act.

**TITLE I - VOCATIONAL REHABILITATION SERVICES**

**PART A - GENERAL PROVISIONS**

**Section 100 Declaration of Policy; Authorization of Appropriations**

**(a)(1) Congress finds that --**

**[(E) enforcement of title V and of the Americans with Disabilities Act
of 1990 (42 U.S.C. 1210 et seq.) holds the promise of ending
discrimination for individuals with disabilities;]{.underline} . . .**

Under section 100(a)(1)(D), Congress identified discrimination as one of
the reasons for the significant number of individuals with disabilities
being unemployed or underemployed. With this language Congress
highlights the importance of eliminating discrimination in order for the
purposes of Title I of the Act to be fulfilled.

**Section 101 State Plans**

**(a)(6)(B) provide satisfactory assurances that facilities used in
connection with the delivery of services assisted under the plan will
comply with the Act of August 12, 1968, commonly known as the
Architectural Barriers Act of 1968, [with section 504 of this Act, and
with the Americans with Disabilities Act of 1990.]{.underline}**

States must provide assurances, as part of their State plan, that the
facilities used in the provision of services comply with the
Architectural Barriers Act, section 504 of the Act, and the ADA. The
Architectural and Transportation Barriers Compliance Board, also known
as the Access Board, establishes the accessibility standards under each
of these acts. The standards can be found at 34 CFR 104.23(c) and 41 CFR
Appendix A, Subpart 101-19.6.

**Section 103 Scope of Vocational Rehabilitation Services**

**(b) Vocational rehabilitation services, when provided for the benefit
of groups of individuals, may also include the following:**

**[(5) Technical assistance and support services to businesses that are
not subject to title I of the Americans with Disabilities Act of 1990
(42 U.S.C. 12111 et seq.) and that are seeking to employ individuals
with disabilities.]{.underline}**

This provision allows State agencies, as part of their services to
groups of individuals, to provide technical assistance and support
services to companies that are trying to employ people with disabilities
but which do not have to comply with the ADA. Generally, this would mean
companies which employ less than the current threshold of 25 employees
or the future threshold of 15 employees.

**[Section 109 Training of Employers with Respect to Americans with
Disabilities Act of 1990]{.underline}**

**[A state may expend payments received under section 111
-]{.underline}**

**[(1) to carry out a program to train employers with respect to
compliance with the requirements of title I of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12111 et seq.); and]{.underline}**

**[(2) to inform employers of the existence of the program and the
availability of the services of the program.]{.underline}**

This provision authorizes the expenditure of funds under the Vocational
Rehabilitation Services Program for State programs that educate and
train employers on the employment provisions of the ADA. It also allows
for expenditures which advertise, market, or otherwise make employers
aware of the existence of these programs. This authorization is specific
to training programs concerning Title I of the ADA and does not
authorize expenditures for programs focusing on Title II (State and
Local Governments) or Title III (Program Accessibility) of the ADA.

**Section 112 Client Assistance Program**

**(a) . . .[The client assistance program shall provide information on
the available services and benefits under this Act and title I of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.) to
individuals with disabilities in the State, especially with regard to
individuals who have traditionally been unserved or underserved by
vocational rehabilitation programs.]{.underline} . . .**

This provision requires that each CAP provide information not only on
the services and benefits under the Act but also those available under
Title I of the ADA. This provision also requires CAP to focus these
outreach efforts on unserved and underserved groups.

**PART C - INNOVATION AND EXPANSION GRANTS**

**[Section 123 Use of Funds]{.underline}**

**[A state may use funds made available under this part, directly or by
grant, contract, or other arrangement, to carry out]{.underline}**

**[(1) programs to initiate and expand employment opportunities for
individuals with severe disabilities in integrated settings that allow
for the use of on-the-job training to promote the objectives of title I
of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et
seq.);]{.underline}**

**[. . .]{.underline}**

**[(4) programs and activities that -]{.underline}**

**[(A) assist employers in accommodating, evaluating, training or
placing individuals with disabilities in the workplace of the employer
consistent with provisions of this act and title I of the Americans with
Disabilities Act of 1990; and]{.underline}**

**. . .**

**[(11) support the provision of training and technical assistance to
clients, business, industry, labor, community rehabilitation programs,
and others regarding the implementation of the amendments made by
Rehabilitation Act]{.underline}**

> **[Amendments of 1992, of title V of this Act, and of]{.underline}**
>
> **[the Americans with Disabilities Act of 1990; and]{.underline}**

Among the authorized uses of funds under the Innovation and Expansion
grants program is the establishment of on-the-job training programs for
individuals with severe disabilities. These programs must be in
integrated settings and must promote the equal employment opportunities
objectives of the ADA. States may also provide or contract for programs
and activities under this part which assist employers with
accommodating, evaluating, training, and placing individuals with
disabilities. Again, these programs must be consistent with the goals
and objectives of the Act and the ADA. Finally, States may provide or
support the provision of training and technical assistance under this
part to anyone concerning the 1992 Amendments, the provisions of title V
(usually sections 501, 503 and 504), as well as any of the provisions of
the ADA, not simply title I of the ADA.

**TITLE II - RESEARCH**

**Section 204(b) Research Activities**

**(3)[(D)(i) In establishing Centers to conduct the research or
demonstration activities described in subparagraph (B)(iii), the
Director may establish one Center in each of the following areas of
focus:]{.underline}**

**[. . .]{.underline}**

**[(III) Employment, including supported employment, and reasonable
accommodations and reduction of environmental barriers as required by
the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.)
and title V]{.underline}** \[of the Act\].

Under the Research title (Title II) of the Act, this section supports
the establishment of Rehabilitation Engineering Research Centers. One
authorized focus area (employment) of such a Center includes reasonable
accommodations and the reduction of environmental barriers as required
by the ADA and Title V of the Rehabilitation Act.

**TITLE III - TRAINING AND DEMONSTRATION PROJECTS**

**Section 302 Training**

**[(a)(3) In carrying out this subsection, the Commissioner shall
furnish training regarding the services provided under this Act, and, in
particular, services provided in accordance with amendments made by the
Rehabilitation Act Amendments of 1992, to rehabilitation counselors and
other rehabilitation personnel. In carrying out this subsection, the
Commissioner shall also furnish training to such counselors and
personnel regarding the applicability of section 504 of this Act, title
I of the Americans with Disabilities Act of 1990, and the provisions of
titles II and XVI of the Social Security Act that are related to work
incentives for individuals with disabilities.]{.underline}**

This provision stipulates that training will be provided to
rehabilitation counselors and other rehabilitation personnel on the
applicability of title I of the ADA to vocational rehabilitation and
employment of individuals with disabilities.

**TITLE IV - NATIONAL COUNCIL ON DISABILITY**

**Section 401 Duties**

**[(a)(7) gather information about the implementation, effectiveness,
and impact of the Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.);]{.underline}**

This section adds a new responsibility for the National Council on
Disability to gather information regarding the implementation,
effectiveness, and impact of the ADA.

**TITLE VI - EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH
DISABILITIES**

**Section 621 Part B - Projects with Industry**

**[(a)(6) The Commissioner may include, as part of agreements with grant
recipients, authority for such grant recipients to provide technical
assistance to -]{.underline}**

**. . .**

**[(C) assist employers in understanding and meeting the requirements of
the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) as
the Act relates to employment of individuals with
disabilities.]{.underline}**

> This provision allows the Commissioner to include, as part of the
>
> agreements with PWI grantees, authority for them to provide technical
>
> assistance to employers concerning the employment provisions
>
> of the ADA.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Acting Commissioner

Rehabilitation Services

Administration

CC: CSAVR

NAPAS