Overview
Imagine losing the support that enables you to build a career. That's the reality facing millions of disabled Americans as Section 504 is challenged. Explore the lifeline of Vocational Rehabilitation, the personal stories it creates, and the urgent steps you can take to defend these vital rights.
Contents
- Overview
- Introduction
- What is Vocational Rehabilitation?
- My Experience in Vocational Rehabilitation
- How does Vocational Rehabilitation work? What do they pay for?
- What is the Role of Section 504 in the VR Client’s IPE?
- Vocational Rehabilitation Client Scenario 1:
- Hypothetical Vocational Rehabilitation Client Scenario 2:
- The Reality of Low Expectations
- The Importance of Section 504 to Accessibility Officer
- You Can Help Protect Section 504 in Under 2 Minutes
Introduction
Section 504 is a cornerstone of the rights of Americans with Disabilities, which some estimate to be up to 25% of our population. As we discussed in a previous post, it guarantees programmatic changes in programs and agencies receiving federal funding to ensure equitable participation for people with disabilities. Despite remaining largely unchallenged for forty years, the Texas attorney general, Ken Paxton, filed a lawsuit against a new rule related to Section 504. Rather than focus on eliminating the new rule, he and other states insisted that the entire law was unconstitutional on the last page of their brief. Meanwhile, layoffs at the Department of Education continue. Around half of the department has been fired with little explanation. The Office of Civil Rights (OCR), operating within the department, has also been gutted. On March 20th, President Trump issued an executive order to dismantle the Department of Education, with no clear directive as to what would happen to the OCR.
In my last post, Section 504 Under Attack: Gender Dysphoria and the Fight for Disability Rights, I focused on the nuances of the lawsuit. Today, let’s talk about the effects eliminating Section 504 would have on people with disabilities like me, specifically for Vocational Rehabilitation (VR) agencies.
What is Vocational Rehabilitation?
Vocational Rehabilitation is called many things in different states. VR, The Commission, and Department of Rehab, also known as DOR.
Vocational Rehabilitation (VR) provides federal funding for Americans with disabilities to receive local services, training, and support needed to find and maintain employment. These may include a college education, vocational job training, skill-based certifications, assistive technology training, and other classes to teach individuals with disabilities the requisite skills to live and work independently.
Individuals who qualify for VR are paired with a Vocational Rehabilitation counselor, who helps their clients become aware of opportunities, navigate their journey toward employment, and ensure they have the support needed to succeed in their careers.
My Experience in Vocational Rehabilitation
When I was in high school, VR funded a mentorship program for students that changed my life. For the first time, I met successful blind people and learned to set high expectations for myself and others with disabilities.
VR funded my stay at BLIND Inc., where I learned how to cross complicated intersections, how to use public transportation, and daily living skills.
VR partially funded my bachelor’s and master’s degrees. They also paid for a training program run by AccessAbility Officer called the Getting Hired Playbook, which taught me how to use LinkedIn to find work. Six months later, I found a job using those skills.
Three months ago, I needed new hearing aids, which VR paid for. My VR counselor understood that I needed them to remain employed, and Tennessee Medicaid doesn’t pay for hearing aids for adults over 21.
I would not be where I am today without VR.
How does Vocational Rehabilitation work? What do they pay for?
First, for each client (person with a disability receiving vocational rehabilitation services), the vocational rehabilitation agency creates an Individualized Plan of Employment (IPE). This plan includes:
1. Employment Goal – Must be specific and based on the person’s interests and abilities.
2. Services Provided – List of VR services needed (e.g., training, assistive technology, job coaching, college tuition assistance).
3. Accommodations & Supports – Any necessary accommodations (e.g., accessible materials, sign language interpreters, transportation).
4. Service Providers – Who will provide the services (e.g., state VR agency, community organizations).
5. Timeline – Estimated time for achieving the employment goal.
6. Review Process – IPEs must be reviewed annually, and individuals can request changes to their IEP.
What is the Role of Section 504 in the VR Client’s IPE?
Section 504 protects the rights of VR consumers to collaborate with their counsellors to determine their employment goals. Further, Section 504 is the only law guaranteeing people with disabilities have due process when working with VR.
If a VR client believes that their counsellor is limiting their career choices, there are several ways in which they can appeal.
Some of you might be thinking, “So what? They work with people with disabilities to achieve their goals. The counselors have their client’s best interests at heart. Sure, it might go wrong sometimes, but those are exceptions.”
Consider these hypothetical scenarios based on the experiences of VR clients. They embody the importance of due process for people with disabilities.
Vocational Rehabilitation Client Scenario 1:
The relationship between a client and their counsellor sours. The counselor deliberately stops taking their phone calls, returning calls, or replying to emails.
Today, if a consumer believes they are being mistreated, they have multiple avenues to appeal decisions and change counsellors if needed. Without Section 504 and due process, who protects their rights?
Hypothetical Vocational Rehabilitation Client Scenario 2:
For years, Joe is interested in becoming a lawyer. His Individualized Education Plan (IEP) team supported his goal throughout high school. His autism diagnosis has not held him back. He’s successfully advocated for himself across his education journey and received the accommodations he needed to earn good grades in high school.
Joe’s counsellor, Martha, doesn’t believe an autistic person can be a lawyer. Martha thinks that a court room would be too overwhelming for Joe and that he does not have the social skills needed to communicate with potential clients. She sets his employment goal to librarian.
Without Section 504, Joe can’t appeal Martha’s decision and is unable to pursue his life-long goal of becoming a lawyer.
The Reality of Low Expectations
Do not misunderstand me. VR is filled with many good people with high expectations for us. However, systemic biases and outdated perceptions of disability still exist, and without legal protections like Section 504, these biases could go unchecked.
The Importance of Section 504 to Accessibility Officer
Our vision is that the US disabled unemployment rate should be the same as the US unemployment rate. We live by this vision, with over 75% of individuals working at AccessAbility Officer (just shy of 20 team members as I’m writing this) having a severe disability and being reliant on assistive technology like a screen reader, magnifier, or Braille display.
Accessibility Officer helps blind, deaf-blind, and otherwise disabled individuals achieve their vocational rehabilitation goals in two ways: The Certified AccessAbility Tester program and The Getting Hired Playbook. The Certified Accessibility Testing (CAT Program) is the only vocational rehabilitation job training program of its kind that guarantees employment. It’s completely accessible for the blind, has a comprehensive proctored final exam and successful graduates become paid apprentices performing digital accessibility services for real clients. The Getting Hired Playbook program teaches individuals how to develop an employment strategy, build their professional network, and position themselves as the most valuable candidate for the job despite having a disability.
Without the Getting Hired Playbook, I would not have networked my way into the positions I currently hold or even be writing this post.
You Can Help Protect Section 504 in Under 2 Minutes
The cuts to the Department of Education and the lawsuit against Section 504 are existential threats against employment opportunities for 14-25% of Americans. If you live in one of the 17 states targeting Section 504, here’s how to contact your attorney general and a draft email that explains why they should oppose the attack against Section 504.
This is not about left versus right. It has always been about liberty and justice for all. So please take 2 minutes to find your Congressperson’s email and send them the example email below.
Click here to find your Congressperson’s email: List of 50 Attorneys General Contacts
Example Email to Send to your Congress Person to Save Section 504:
Insert short email with 3 bullet points.
Hi Congressperson,
My name is (Insert Your Full Name), and I am a proud voting constituent in your district. The attack on Section 504 led by Texas Attorney General Ken Paxton is something I cannot and will not stand for.
Ken Paxton is deliberately attacking a law that supports, protects, and empowers people with disabilities to come off of entitlement programs and pursue the American Dream. I cannot vote for anyone who supports attacking or eradicating the laws that create equity and equality for all men, women, and children in the United States.
(Insert Your Congress Person’s Name), I strongly support Section 504 and am organizing constituents around this issue. It is very important to me, and I hope you, too, believe that people with disabilities shouldn’t be discriminated against and given the same opportunities as everyone else to live the American Dream.
Thank you. I look forward to you earning my vote by standing against the attack on Section 504 led by Texas Attorney General Ken Paxton.
Thank you,
(Insert Your Name)
(Insert Your phone and mailing address)
The fight to protect Section 504 extends beyond the realm of employment. Our previous blog, 'Section 504 Under Attack: Gender Dysphoria and the Fight for Disability Rights,' highlights how this law safeguards the rights of transgender individuals with disabilities.
Furthermore, in 'Disabled Parents Rights: Exposing Child Custody Discrimination,' we explored how Section 504 is essential for ensuring fair child custody proceedings for disabled parents. These interconnected battles underscore the importance of Section 504 across multiple domains.
We encourage you to read these related posts to gain a deeper understanding of the broader context of these ongoing struggles and join the movement to protect Section 504 in its entirety.