Events in the Development of Disability Policy Pt. 1

Several years ago, when researching for a training, I came across information on historical events in the formation of disability policy that I wanted to share with you.

1636 – Colonial Law by Pilgrims at Plymouth gave benefits to disabled soldiers.

1830s – Schools for the Blind were established in New York, Pennsylvania, and Massachusetts.

1879 – An Act to promote the Education of the Blind provided annual funds for books and educational materials to blind children.

1954 – Vocational Rehabilitation Act Amendments of 1954 (P.L. 83-565) enacted extensive revisions.  These included financing improvements, establishment of research and demonstration project funding for counselor education, and funding for construction of rehabilitation facilities.  Financing improvements provided for allocation of funds to states based on a formula reflecting population and per-capita income.

1963 – President Kennedy, in an address to Congress, called for deinstitutionalization and increased community services for persons confined to residential institutions for the mentally ill and mentally retarded.

1965 – Vocational Rehabilitation Act Amendments of 1965 (P.L. 89-333) made comprehensive revisions following an extensive review of the Act.  These included expansion of services to a broader population of rehabilitation clients and establishment of the National Commission on Architectural Barriers to Rehabilitation of the Handicapped.  They also provided federal funds to help construct new rehabilitation centers and workshops.

1968 – The Architectural Barriers Act of 1968 (P.L. 90-480) requires buildings and facilities designed, constructed, altered or financed by the Federal government after 1969 to be accessible to and usable by persons with disabilities.

1968 – Vocational Education Act Amendments (P.L. 90-576) required each state to earmark 10% of its basic grant for services for youth with disabilities.

1970 – Elementary and Secondary Education Act Amendments of 1970 (P.L. 91-230) created a separate Act – The Education of the Handicapped Act (EHA). Part B authorized grants to states to assist them in initiating, expanding, and improving programs for the education of children with disabilities. EHA also established several competitive grant programs such as personal preparation, research and demonstration.

1970 – The Developmental Disabilities Services and Facilities Construction Amendments of 1970 (P.L. 91-517) included broad responsibilities for a state planning and advisory council to plan and implement a comprehensive program of services for persons with developmental disabilities.  In addition, the legislation authorized grants to support interdisciplinary training in institutions of higher education of personnel providing services to persons with developmental disabilities (currently known as university affiliated programs).

1971 – Amendments to Title XIX of the Social Security Act (Medicaid Program) (P.L. 92-223) authorized public mental retardation programs to be certified as intermediate care facilities and requires that these programs offer, among other things, “active treatment”.

1972 – Social Security Amendments of 1972 (P.L. 92-603) repealed existing public assistance programs and added in their place a new Title XVI (Supplemental Security Income, SSI) program.  This program authorizes cash benefits for individuals and couples who are aged, blind, or disabled.  In addition, children under 18 years of age with disabilities or blindness are eligible for benefits, provided that their disabilities were comparable in severity to adult recipients.

1973 – The Rehabilitation Act of 1973 (P.L. 93-112) includes a total rewrite of the state formula grant supporting the vocational rehabilitation program and the competitive programs supporting personnel development, research, and demonstrations. In addition, the legislation, among other things adds “Section 502”, which establishes the Architectural and Transportation Barriers Compliance Board to enforce the Architectural Barriers Act of 1968 and provide technical assistance to agencies subject to Section 504 regulations.  In addition, the legislation adds “Section 504”, which prohibits discrimination against otherwise qualified persons with disabilities in any program or activity receiving federal funds.

1973 – The Housing and Community Development Amendments of 1974 (P.L. 93-383) expanded the low-income rent subsidy program under “Section 8” to include families consisting of single persons with disabilities. The legislation also extended the “Section 202” direct loan program to nonprofit agencies to projects for persons with mental as well as physical disabilities.

1974 – Elementary and Secondary Education Amendments of 1974 (P.L. 93-380) included amendments to Part B of Education of the Handicapped Act (EHA) that laid the basis for comprehensive planning, the delivery of additional financial assistance to the States, and the protection of handicapped children’s rights.

1974 – The Community Services Act (P.L. 93-644) stipulated that 10% of children enrolled in the Head Start program must be children with disabilities.

1974 – The Social Services Amendments of 1974 (P.L. 93-647) consolidated social service grants to states under a new Title XX of the Social Security Act.

1975 – The Developmental Disabilities Assistance and Bill of Rights Act (P.L. 94-142) creates a “bill of rights” for persons with developmental disabilities, funds services for persons with developmental disabilities, adds a new funding authority for university affiliated facilities, and establishes a system of protection and advocacy organizations in each state.

1975 – The Education for All Handicapped Children Act (P.L. 94-142) amended the Education of the Handicapped Act to mandate a free appropriate public education for all children with disabilities in a state, regardless of the nature or severity of the child’s disability (Part B of the Education of the Handicapped Act).

1978 - The Rehabilitation, Comprehensive Services and Developmental Disabilities Amendments (P.L. 95-602) establishes the National Institute of Handicapped Research and new programs for people with disabilities, including comprehensive service centers, independent living centers, recreation programs, and pilot programs for employment. The legislation also updated and made functional the definition of the term “developmental disability” and clarified the functions of the university affiliated programs.

1980 – The Civil Rights of Institutionalized Persons Act (P.L. 96-247) authorizes the U.S. Department of Justice to sue states for alleged violations of the rights of institutionalized persons, including persons in mental hospitals or facilities for people with mental retardation.

1980 – Social Security Act Amendments (P.L. 96-265) authorized special cash payments (Section 1619(a) and continued Medicaid eligibility (Section 1619(b)) for individuals who receive Supplemental Security Income (SSI) benefits but, nonetheless, engage in substantial gainful activity.  Provision made effective for 3 years.

1981 – Omnibus Budget Reconciliation Act (P.L. 97-35)

• Consolidated six programs authorized under Title V of the Social Security Act into a single block grant authority (Maternal and Child Health) to address, among other things, the needs of children with special health care needs. In addition, the existing Title XX program was converted into a Social Services Block Grant Program.
• Authorizes the Secretary of Health and Human Services to grant “home and community-based” waivers to enable states to furnish personal assistance and other services to individuals who, without such services, would require institutional care as long as costs under the waiver do not exceed the cost of providing institutional care to the target population.