Okla. Admin. Code § 612:1-11-3

Current through Vol. 42, No. 4, November 1, 2024

Section 612:1-11-3 - Legal basis

(a) The Americans with Disabilities Act (hereinafter referred to as the ADA) was signed into law on July 26, 1990 [ 42 USC 12101 ]. Effective January 26, 1992, Title II of the ADA prohibits state and local agencies from discriminating against any qualified individual with a disability in all programs, services or activities provided or made available by such public entities, regardless of whether federal funds are received.

(b) Legislative groundwork for the ADA can be found in the Rehabilitation Act of 1973, which prohibits federal agencies and their grantees and contractors from discriminating against individuals based on a disability. Because of the intentional overlap between Section 504 of the Rehabilitation Act of 1973 [ 29 U.S.C. 794 ] and the ADA, the Department of Justice has promulgated rules consistent with, yet expanding, the scope of those regulations implementing Section 504. These rules cover all functions of governmental or public entities regardless of whether federal funding is appropriated.

(c) Additional ADA groundwork was laid in the Architectural Barriers Act of 1968, which requires federal and federally assisted facilities (designed, constructed, leased or altered) to be accessible to and usable by the physically disabled. Under the ADA, accessibility mandates adopted from the Architectural Barriers Act can be met by satisfying either the Uniform Federal Accessibility Standards (UFAS) or the ADA Accessibility Guidelines for Buildings and Facilities (ADAAG).

(d) The Department of Rehabilitation Services complies with all provisions of the Americans with Disabilities Act of 1990 and with all standards and regulations pursuant to the Act.

Okla. Admin. Code § 612:1-11-3

Added at 10 Ok Reg 4607, eff 9-1-93 (emergency); Added at 11 Ok Reg 2425, eff 7-1-94; Amended at 13 Ok Reg 1727, eff 7-1-96; Amended at 19 Ok Reg 1810, eff 7-1-02