Marking 31st Anniversary of Americans with Disabilities Act and Announces Resources to Support Individuals with Long COVID

Biden-Harris Administration Marks Anniversary of Americans with Disabilities Act and Announces Resources to Support Individuals with Long COVID, Increased Access to Democracy for Voters with Disabilities

In addition, President Biden’s Build Back Better agenda outlines a path towards a more competitive, inclusive, and resilient America. If enacted, these plans will provide significant investments to children and adults with disabilities to achieve independent living, economic self-sufficiency, equitable educational opportunities, and full participation in the workforce and communities.

They include the following key elements:

Invest in the Caregiving Economy. The Build Back Better agenda would expand access to long-term services and supports for people with disabilities. This investment will also support well-paying caregiving jobs that include benefits and the ability to collectively bargain as well as building state infrastructure to improve the quality of services and to support workers. The funding will take significant steps to help people with disabilities access high-quality care in their homes and communities.
Phase Out of Subminimum Wages. The Build Back Better agenda proposes a phase out of the subminimum wage provision in section 14(c) of the Fair Labor Standards Act. In addition, President Biden proposes investments to expand access to competitive, integrated employment opportunities for workers with disabilities.
Expansion of Inclusive, Accessible Preschool. The Build Back Better Agenda calls for a national partnership with states to offer free, high-quality, accessible, and inclusive preschool to all 3-and 4-year-olds—benefitting five million children. Children with disabilities benefit from inclusive, accessible pre-school programs with their peers, and all children benefit when we create socio-economically diverse preschool classrooms where all students can thrive.
Address Teacher Shortages through the Development of Special Education Teachers. The Build Back Better agenda invests in personnel preparation funds under the Individuals with Disabilities Education Act (IDEA), funding pathways to additional certifications, and strengthening existing teacher preparation programs for special educators.
Paid Leave that Supports All Families. President Biden’s Build Back Better agenda proposes a guarantee of 12 weeks of paid parental, family, and personal illness/safe leave by year 10 of the program, and also ensures workers get three days of bereavement leave per year starting in year one. The program will provide workers up to $4,000 a month, with a minimum of two-thirds of average weekly wages replaced, rising to 80 percent for the lowest wage workers. The plan has an inclusive definition of family, ensuring workers can care and be cared for by a loved one who is not related by blood, which will greatly benefit many communities, including LGBTQ+ individuals and people with disabilities.

Today the Administration is also releasing a package of guidance and resources to support individuals experiencing the long-term symptoms of COVID-19 or “Post-Acute Sequelae of SARS-CoV-2 infection (PASC),” known commonly as “long COVID.” The announcements from the Departments of Health and Human Services (HHS), Justice, Education, and Labor provide information about where individuals can access resources and accommodations and clarifies the rights for health and educational services and supports. This includes:

Guidance explaining that long COVID can be a disability under various Federal civil rights laws. The Office for Civil Rights at HHS and Department of Justice released guidance (available here and here) explaining that some individuals with long COVID may have a disability under various civil rights laws that entitles them to protection from discrimination.
Guidance that addresses the needs of children with long COVID who may be children with disabilities. The Department of Education Office for Civil Rights and Office of Special Education and Rehabilitative Services issued a resource document providing information about schools’ and public agencies’ responsibilities for the provision of services and reasonable modifications to children and students for whom long COVID is a disability.
Access to resources on disability support services. The Administration for Community Living at HHS released a guide to community-based resources that can help people if they now need assistance to live in their own home, go to work or school, or participate in the community. These resources can provide information about what is available locally; help people connect to services, such as transportation and personal care attendants; help arrange reasonable accommodations and access vaccinations; and more.
Information about accommodations in the workplace. The Office of Disability Employment Policy (ODEP) at the Department of Labor launched a new webpage that includes resources on long COVID organized by stakeholder groups, such as workers, youth and young adults, and employers. The resources include information on requesting and providing workplace accommodations for individuals with long COVID. In addition, ODEP released a blog discussing the impact of long COVID on workers with disabilities.

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Biden-Harris Administration Marks Anniversary of Americans with Disabilities Act and Announces Resources to Support Individuals with Long COVID, Increased Access to Democracy for Voters with Disabilities

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