Reauthorization of the Rehabilitation Act of 1973

The Office of Special Education and Rehabilitative Services (OSERS) of the Department of Education is seeking suggestions for improving the Rehabilitation Act of 1973. The Rehabilitation Act, last authorized in 1992, will expire on September 30, 1997. OSERS, which administers the Act, is currently crafting reauthorization legislation. Section 2 of the Act describes its purposes as follows:

To empower individuals with disabilities to maximize employment, economic self-sufficiency, independence, and inclusion and integration into society through (a) comprehensive and coordinated state-of-the-art programs of vocational rehabilitation, (b) independent living centers and services, (c) research, (d) training, (e) demonstration projects, and (f) the guarantee of equal opportunity.
To ensure that the federal government plays a leadership role in promoting the employment of individuals with disabilities, especially individuals with severe disabilities, and in assisting states and providers of services in fulfilling the aspirations of such individuals for meaningful and gainful employment and independent living.

There are a number of issues addressed within the Act that members of APA should monitor. Many provisions in the Act hinge on determining who has a disability. The Act defines an "individual with a disability" as any person who (a) has a physical or mental impairment that substantially limits one or more of such person's major life activities, (b) has a record of such an impairment, or (c) is regarded as having such an impairment.

Of particular importance to psychologists who conduct testing and assessment are the portions of the Act that address the "comprehensive assessment" used to determine eligibility and vocational rehabilitation needs of an individual. The Act states that the assessment should include data collection on "the unique strengths, resources, priorities, interests, and needs" of an eligible individual, which may include "an assessment of the personality, interests, interpersonal skills, intelligence and related functional capacities, educational achievements, work experience, vocational aptitudes, personal and social adjustments, and employment opportunities of the individual, and the medical, psychiatric, [and] psychological...factors that affect the employment and rehabilitation needs of the individual." A more detailed description of the procedures for determining eligibility is provided in Section 102 of Title I. The APA Committee on Psychological Tests and Assessment submitted comments to the Department of Education supporting the inclusiveness of the current definition of comprehensive assessment.

Shortly after the presidential inauguration, the new subcommittees began to set priorities for the 105th Congress. House and Senate subcommittee hearings will be held in the next several months to help inform Congress about specific titles of the Act. The Administration plans to submit a bill to Congress in late spring, although they have been asked by Rep. McKeon (R-Calif.), Chair of the House Subcommittee on Postsecondary Education, Training, and Life-Long Learning, to speed up the drafting process. There should also be opportunities for psychologists to comment on future House and Senate drafts of the reauthorization legislation. At this time, APA seeks individuals who have research or practice expertise in vocational rehabilitation services, including, but not limited to, job development, job placement services, employment testing, and employment training for individuals with disabilities. Such individuals should contact Heather Roberts, PhD [her.apa@email.apa.org], or Dianne Schneider, PhD [sci.apa@email.apa.org], in the Science Directorate (202-336-6000).