The Job Corps program is authorized through Title I of the Workforce Investment Act (WIA) of 1998. Discussions referencing individuals with disabilities are included specifically in Sections 144 (Eligibility for Job Corps) and 188 (Nondiscrimination).

Section 144 allows the maximum age requirement to be waived by the Secretary of Labor, in accordance with the regulations of the Secretary of Labor, in the case of an individual with a disability.

Section 188 provides that no individual shall be excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in the administration of or in connection with, any program or activity funded under WIA. Section 188 also states that Job Corps as a program funded under WIA, receives federal financial assistance, and is, therefore, prohibited from discriminating on the basis of disability under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794).

SECTION 504 OF THE REHABILITATION ACT OF 1973

Section 504 (as amended) is the primary piece of disability legislation affecting the Job Corps program. It was the first Federal law protecting the rights of people with disabilities and began a national commitment to end discrimination on the basis of disability. The act states that:

Because Job Corps is a federally funded training program, it is subject to the requirements of Section 504. Department of Labor regulations implementing Section 504 (29 CFR Parts 32, 33, and 34) require Job Corps to ensure its program and facilities are accessible and provide reasonable accommodation to individuals with disabilities to prevent discrimination on the basis of disability.

Who is an Individual with a Disability?

To be eligible for disability accommodations in Job Corps, a student must meet the standards set forth in various acts that govern the operation of Job Corps. In a sense a disability is a legal term rather than a medical or educational one.

According to Section 504 of the Rehabilitation Act of 1973, a person can be considered a person with a disability if he/she has:

• A physical or mental impairment that substantially limits one or more major life activities and must be assessed without regard to mitigating measures (prosthetics, assistive devices, medications, etc.).^*
• A record of a disability (e.g., a person diagnosed with attention deficit disorder) or has been misclassified as having a mental or physical impairment that substantially limited one or more major life activities (e.g., a person who speaks little English is determined to be eligible for a program for persons with mental disabilities).
• Is regarded as having a disability. A person can be found eligible using this definition if he/she has:
  • A physical or mental impairment that does not substantially limit major life activities but who is treated as if the impairment does constitute such a limitation (e.g., a person with scarring, a person who walks with a limp).
  • A physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment (e.g., a person with epilepsy who is not allowed to try out for sports).
  • No impairment but is treated as if they have a substantially limiting impairment (e.g., a symptom-free HIV-positive person)

Reasonable Accommodation

Job Corps will provide the opportunity for a person with a learning or attention disability to request accommodation at any time during his/her application to or enrollment in the Job Corps program. Click here for Job Corps reasonable accommodation guidelines.

INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT OF 2004 (IDEA 2004)

IDEA was originally enacted by Congress in 1975 to make sure that children with disabilities had the opportunity to receive a free appropriate public education, just like other children. The law has been revised many times over the years. The reauthorized Individuals with Disabilities Education Act (IDEA) was signed into law on Dec. 3, 2004. The provisions of the act became effective on July 1, 2005, with the exception of some elements of the definition of "highly qualified teacher" that took effect upon the signing of the act. IDEA guides how states and school districts provide special education and related services to children a nd youth with disabilities.

Special Note: Some of our Job Corps centers operate high school programs that fall under the requirements of the IDEA. It is imperative that centers determine their status with their authorizing agency so that they may fulfill their obligations under IDEA.

^*Substantially limits means unable to perform major life activity, or significantly restricted as to the condition, manner, or duration under which major life activity can be performed in comparison to the average person or most people. Major life activities include caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, working.

http://jccdrc.jobcorps.gov/ld/legislation