News Release

NCD #02-372
July 26, 2002
Contact: Mark S. Quigley
202-272-2004
202-272-2074 TTY
mquigley@ncd.gov

National Council on Disability Says Significant Barriers Still Remain for People with Disabilities

Americans with Disabilities Act Signed into Law July 26, 1990

WASHINGTON--The National Council on Disability (NCD) has concluded that enforcement of disability civil rights statutes, and civil rights provisions of the laws creating service programs, has fallen far short of what is minimally necessary to make these laws effective. Its findings on a number of issues that affect people with disabilities are contained in its report, released today, National Disability Policy: A Progress Report.

NCD maintains that without credible sanctions, achievement of progress in civil rights law becomes slower and more difficult. NCD's report notes that while serious deficiencies and challenges remain, there has nevertheless been progress. For example:

• While controversy surrounds some aspects of the Americans with Disabilities Act (ADA) implementation and enforcement, the law has had a profound effect by creating opportunities to learn, work and participate in society for many people with disabilities;
  
• ADA has been a spur to institutional and attitudinal changes in all sectors of society the wheelchair lift on city buses and braille signage in the elevators of major buildings demonstrate a more accessible environment and changes in attitudes and awareness;
  
• As the Individuals with Disabilities Education Act (IDEA) faces reauthorization, we must carefully assess the implications of our approach to education for students with disabilities and sensitively apply the policy initiatives central to the No Child Left Behind Act the reauthorization of the Elementary and Secondary Education Act. At the same time, the successes of special education should not be overlooked, and the widely documented need for more effective monitoring and enforcement should be borne in mind under any revised framework; and,
  
• Through increased awareness and because of advances in technology, the meaning of access has come to be redefined. This redefinition has been embodied in a number of important new laws requiring telephone equipment and services to be accessible to people with disabilities, and mandating that electronic and information technology bought and used by the Federal Government for use by federal employees or members of the public be accessible on equal terms to all persons, irrespective of disability.

According to NCD chairperson Marca Bristo, "Society can no longer afford to consider so-called disability issues in isolation from the broader dimensions of policy and practice. Whether education, employment, health, or technology, the decisions made about these essential issues impact all Americans. Decisions about disability policy can not be made in a vacuum or on a clean slate. The context for those decisions and the options available to us are defined by our nation's past, and require thorough, careful attention and thoughtful analysis."

National Council on Disability (NCD) has also concluded that problems continue with disability employment and other data that are widely used.

NCD maintains that federal data collection methods are not adequately designed to obtain accurate and reliable information from people with disabilities. Accordingly, NCD notes the danger to people with disabilities lies both in the proliferation of questionable findings and their effect on policy. For example, the suggestions that employment rates among people with disabilities had decreased during the 1990s has caused some researchers to infer that ADA, enacted into law on July 26, 1990, must be irrelevant or even a hindrance to the employment of Americans with disabilities.

For more information, contact Mark Quigley at 202-272-2004.

Note: NCD is an independent federal agency making recommendations to the President and Congress on disability policy. In 1986, NCD first proposed and then drafted the original ADA. Currently, NCD is coordinating a multi-year study on the implementation and enforcement of ADA, IDEA, and other civil rights laws.