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Skip Navigation LinksWVDHHR > WV Commission for the Deaf and Hard of Hearing > Resources > Disability Rights Laws

Disability Rights Laws

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Disability Rights Laws - A guide from the U.S. Department of Justice.

Americans with Disabilities Act (ADA)

The ADA prohibits discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications. It also applies to the United States Congress.

ADA requires that title II entities (State and local governments) and title III entities (businesses and nonprofit organizations that serve the public) communicate effectively with people who have communication disabilities. The goal is to ensure that communication with people with these disabilities is equally effective as communication with people without disabilities.

  • Highlights of Title II and Title III 
  • Effective Communication
  • Hospital Settings
  • WV Department of Motor Vehicles ---- Interpreter Request Form for DMV
  • For more information on ADA, visit: https://www.ada.gov

Individuals with Disabilities Education Act (IDEA) 

IDEA regulates the ways states and public agencies provide educational related services to children ages 0 - 21 who have been diagnosed with a disability. It requires public schools to make available to all eligible children with disabilities a free appropriate public education in the least restrictive environment appropriate to their individual needs.
IDEA requires public school systems to develop appropriate Individualized Education Programs (IEP's) for each child. The specific special education and related services outlined in each IEP reflect the individualized needs of each student.
IDEA also mandates that particular procedures be followed in the development of the IEP. Each student's IEP must be developed by a team of knowledgeable persons and must be at least reviewed annually. The team includes the child's teacher; the parents, subject to certain limited exceptions; the child, if determined appropriate; an agency representative who is qualified to provide or supervise the provision of special education; and other individuals at the parents' or agency's discretion.
  • Click here for more information on the differences between ADA and IDEA.
  • For information on IDEA, visit: https://sites.ed.gov/idea. 

Rehabilitation Act 

The Rehabilitation Act prohibits discrimination on the basis of disability in programs conducted by Federal agencies, in programs receiving Federal financial assistance, in Federal employment, and in the employment practices of Federal contractors. The standards for determining employment discrimination under the Rehabilitation Act are the same as those used in title I of the Americans with Disabilities Act.

Section 504

Section 504 states that "no qualified individual with a disability in the United States shall be excluded from, denied the benefits of, or be subjected to discrimination under" any program or activity that either receives Federal financial assistance or is conducted by any Executive agency or the United States Postal Service.

Each Federal agency has its own set of section 504 regulations that apply to its own programs. Agencies that provide Federal financial assistance also have section 504 regulations covering entities that receive Federal aid. Requirements common to these regulations include reasonable accommodation for employees with disabilities; program accessibility; effective communication with people who have hearing or vision disabilities; and accessible new construction and alterations. Each agency is responsible for enforcing its own regulations. Section 504 may also be enforced through private lawsuits. It is not necessary to file a complaint with a Federal agency or to receive a "right-to-sue" letter before going to court.
Section 504 works together with the ADA and IDEA to protect children and adults with disabilities from exclusion, and unequal treatment in schools, jobs, and the community.
  • Comparison of ADA, IDEA, and Section 504

Helpful ADA Links

  • Responsibilities of State and Local Government Services
  • Employment Laws and Regulations
  • Accommodations for Deaf Federal Employees
  • Questions and Answers for Health Care Providers
  • Hospitals and Other Health Care Facilities
  • Mental Health Services
  • Obligations of Public Schools
  • Obligations of State and Local Colleges and Universities
  • Rights of Deaf and Hard of Hearing Inmates
  • Jails and Prisons
  • Police and Law Enforcement
  • Courts
  • Lawyers and Legal Services
  • Housing


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