Critical Legal and Policy Issues for People with Disabilities

Abstract

A fifth of all Americans have some sort of disability and one in ten has a severe disability. Almost every American will face a disability at some point in their lifetime. The equivalent of 8% of the federal budget (approximately $175 billion) is spent on government programs and services for people with disabilities annually, yet their problems and needs have only begun to be addressed. Since the passage of the Americans with Disabilities Act (1990), increasing attention has been given to this group in terms of legal and public policy development. Among the most critical current issues in disability policy are: employment status and incentives for people with disabilities; education availability and appropriateness; housing availability and access; insurance for health care and related services; and access to technology and other assistance devices. In addition, over the past two years, the legal definition of "disability" for the purpose of eligibility for government programs and services has been hotly debated in the public policy arena. Indeed, there have been eight Supreme Court cases since 1998 that deal with this controversial area. It is these issues and their attendant body of legislation and legal decisions that we seek to examine in this article. The article is organized into five sections. First, we provide background on the prevalence of disability in America describing this large minority group and outlining the major current disability-related policy issues. The next section details the foundation of disability policy in the United States, including the major programs and services that are available to people with disabilities and the major laws and statutes that are designed to offer protections for them in the major areas of employment, education, housing, health care, and technology accessibility. Third, we analyze current Supreme Court decisions that have been precedent setting. Fourth, we describe some of the continuing issues for people with disabilities in terms of what progress has been made and what remains to be done. In the fifth and final part of this article, we draw conclusions about where we stand as a society in ending discrimination on the basis of disability. We also discuss some important implications that our current direction suggests for the future of disability policy in the United States.