2003 Disability Summary

Labor and Employment

Disabilities and Employment

A Summary of 2003 State Laws

NCSL's analysis of state legislation enacted in 2003 related to employment of persons with disabilities identified seventeen new laws in fourteen states. The new laws concern assistive technology/alternative formats, education, financial support, personal assistance services and Medicaid Buy-In.

New laws in four states will make it easier for persons with disabilities to obtain materials in a format they can use. California and Kentucky enacted legislation that requires textbook publishers to make basic instructional materials more accessible to students with disabilities. Similarly, New Mexico required schools that offer distance learning and computer-based instructional materials to provide accessible electronic formats. Wyoming legislators addressed the issue of affordability of assistive devices by enacting a tax exemption for the purchase of assistive devices for people with disabilities.

States are examining issues associated with high school graduation requirements for persons with disabilities. California passed a law directing an independent study of options for high school graduation requirements for students with disabilities. In order to create provisions related to access to postsecondary education and meaningful careers for students with disabilities, Florida's law, among other things, allows students with disabilities the opportunity to waive the Florida Comprehensive Assessment Test.

Providing financial support to students with disabilities or businesses operated by persons with disabilities received attention in some states. North Carolina passed a bill allowing community colleges to provide financial assistance to certain students with disabilities. Washington's law encourages state agencies to give first consideration to proposals from businesses owned and operated by persons with disabilities or businesses geared at serving people with disabilities. These businesses must be working towards the goal of maximizing employment opportunities for disadvantaged persons and people with disabilities.

Personal assistance, a service needed by some persons with disabilities who enter the workforce, was the subject of legislation in two states. Lawmakers in New Mexico directed state agencies to implement consumer-direction with their existing personal assistance services programs. West Virginia enacted a law extending the authorization period for the state's personal assistance program to July 2006.

States have the option of creating a separate Medicaid eligibility category for persons with disabilities who work. Under the Medicaid Buy-In option, a state can change its income and asset rules to support persons with disabilities in the workplace. The states of Louisiana, Maryland, Michigan, North Dakota, Texas, Virginia and West Virginia passed laws that create Medicaid Buy-In programs or mandate a study of such a program.

For complete summaries of these laws, click here.

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