OSERS develops and implements policy and legislation that directly
impact individuals with disabilities and their families. OSERS also
plays a critical role in monitoring these laws and regulations.
Founding Law
OSERS basic founding law can be found in the following section of the
U.S. Code:
U.S. Code: Title 20, Chapter 48, Subchapter II, Section 3417.
Office of Special Education and Rehabilitative Services
There shall be in the Department an Office of Special Education
and Rehabilitative Services, to be administered by the Assistant
Secretary for Special Education and Rehabilitative Services
appointed under section 3412(b) of this title. Notwithstanding the
provisions of section 3472 of this title, the Secretary shall
delegate to the Assistant Secretary all functions, other than
administrative and support functions, transferred to the Secretary
under sections 3441(a)(1) of this title (with respect to the bureau
for the education and training of the handicapped), 3441(a)(2)(H)
of this title, and 3441(a)(4) of this title.
Laws and statutes authorizing OSERS programs and activities:
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Individuals With Disabilities Education Act
amendments of 1997. (IDEA)
The IDEA formula grant programs (Part B, Sections 611, and 619)
assist States in providing a free appropriate public education in
the least restrictive environment for children with disabilities
ages 3 through 21 and early intervention services (Part C) for
infants and toddlers birth through age two and their families.
The IDEA Part D National Program provides discretionary grants
to institutions of higher education and other non-profit
organizations to support research, demonstrations, technical
assistance, and dissemination, technology, personnel development
and parent-training and information centers.
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The Rehabilitation Act of
1973. (Rehab Act)
This program supports vocational rehabilitation (VR) services
through assistance to the states. The VR state grants program
provides a wide range of services designed to help persons with
physical or mental impairments, which result in a substantial
impediment to employment, prepare for and engage in gainful
employment to the extent of their capabilities. Services are
tailored to the specific needs of the individual through an
Individualized Plan for Employment (IPE).
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The Education of the Deaf Act.
(EDA)
This Act supports Gallaudet University, a federally chartered,
private, non-profit educational institution providing elementary,
secondary, undergraduate, and continuing education programs for
persons who are deaf. The University offers a traditional liberal
arts curriculum for students who are deaf and graduate programs in
fields related to deafness for students who are deaf and students
who are hearing. The Act also provides support for the National
Technical Institute for the Deaf (NTID), which was created by
Congress in 1965 to promote the employment of persons who are deaf.
NTID offers a variety of technical programs at the certificate,
diploma and associate degree levels. In addition, NTID students may
participate in educational programs available through the host
institution, the Rochester Institute of Technology.
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Act to Promote Education of the
Blind of March 3, 1879.
The Act supports the American Printing House for the Blind (APH)
to provide high-quality educational materials to legally blind
persons enrolled in educational or vocational training programs
below the college level so that these students may benefit more
fully from their educational programs. Materials are produced and
made available free of charge to schools and states through
proportional allotments that reflect the number of blind students
in each state. The allotments are based on an annual census,
conducted by APH, of the number of students who are legally blind
in each state and are provided in the form of credits.
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The Helen Keller National Center
Act. (HKNC)
The Helen Keller National Center for Deaf-Blind Youths and Adults
was created by Congress in 1969 and operates under the auspices of
Helen Keller Services for the Blind, Inc. The Center provides
services on a national basis to individuals who are deaf-blind,
their families and service providers through three component
programs.
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The Assistive Technology Act of
2004. (AT Act)
The Assistive Technology program empowers individuals with
disabilities to have greater control over their lives and more
fully participate in their home, school, and work environments and
in their communities by enhancing access to assistive technology
devices and services. Assistive technology devices include such
items as communication devices, adapted appliances for accessible
living, environmental control devices, modified housing, adapted
computers, and specialized software.
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The Randolph-Sheppard
Act. (Vending Facilities For The Blind)
The Vending Facility Program authorized by the Randolph-Sheppard
Act (P.L. 74-732, as amended by P.L. 83-565 and P.L. 93-516, 20
U.S.C. section 107 et seq.) provides persons who are blind with
remunerative employment and self-support through the operation of
vending facilities on federal and other property. The program,
enacted into law in 1936, was intended to enhance employment
opportunities for trained, licensed blind persons to operate
vending facilities. At the outset, sundry stands were placed in the
lobbies of federal office buildings and post offices. The law was
amended in 1954 and again in 1974 to ensure individuals who are
blind a "priority" in the operation of vending facilities on
federal property that include cafeterias, snack bars, miscellaneous
facilities, and facilities comprised solely of vending machines.
Implementing OSERS' Policies and Legislation
Additional resources and information about legislation and policy can
be found on the following pages: