This law changed the language that referred to people with disabilities in multiple pieces of federal legislation to reflect more inclusive terminology. 

Michigan State University

The language and terminology that those within a certain disability group generally prefer. For example, many Deaf individuals prefer to be called "Deaf" or "hard of hearing" rather than "hearing impaired" or "a person who is deaf"

Disability Language

Laws and policies created to protect the rights of disabled individuals in the United States.

Disability Rights Legislation in the United States

Language used to describe diverse communities and the words selected by different cultures to describe themselves are constantly evolving, along with attitudes of/toward these groups. For example, negative terms are sometimes reclaimed and repurposed as insider slang or terms of endearment (e.g. the use of the n-slur among Black people). Terminology can also evolve for the purposes of greater inclusivity, (e.g. LGBT developed to LGBTQQIA, and the reclamation of “queer”). Similar reclamation has occurred in the disability community with terms like “gimp” and “cripple” (shortened to “crip”). However, reclamation efforts are not universal and not free of controversy.

Language Evolution and Reclamation

Rosas Law (Pub. L. 111-256)

Identity-first language refers to when a person's disability identity is placed prior to a noun referring to their personhood in a sentence.

Example: Saying "disabled person" rather than "a person with a disability"

Identity-First Language

Arranging a sentence so as to put the noun referring to a person before the affliction, disease, or disability.
Example: saying "person with a disability" rather than "disabled person"

Person-First Language

People that view disability from an educational perspective often see people with disabilities as needing assistance to become more like the rest of “us”. The problem with this view is that it promotes low expectations of people with disabilities, and assumes unequal relationships.This philosophy also assumes successful people with disabilities are heroic , inspirational, role-models, and/or courageous. 

Educational model of demeaning disability-friendly terminology

The medical model promotes the image of people with disabilities as needing health care or as “sick”. While many people with disabilities do have a predisposition for certain medical conditions, this does not mean they are always sick. Many people with the philosophy of the medical model underestimate the human capacity to learn about the complexities of the human body, and thus to make safe decisions about one’s disability.


Medical model of demeaning disability-friendly terminology

* Out-dated langage: Dumb, Invalid 


* Respectful language: Blind/Visually Impaired, Person who is blind/visually impaired 

Appropriate Terms for Blind or Visually Impairment 

* Out-dated langage: Invalid, Deaf-and-Dumb, Deaf-Mute


* Respectful language: Deaf or Hard-of-hearing, Person who is deaf or hard of hearing 


Appropriate Terms for Deaf or Hearing Impairment 

* Out-dated langage: Dumb, “One who talks bad"


* Respectful language: Person with a speech / communication disability

Appropriate Terms for Speech/Communication Disability

* Out-dated langage: Retarded, Slow, BrainDamaged, “Special ed” 


* Respectful language:  Person with a learning or cognitive disability

Appropriate Terms for Learning Disability 

* Out-dated langage: Hyper-sensitive, Psycho, Crazy, Insane, Wacko, Nuts

* Respectful language: Person with a psychiatric disability, Person with a mental health disability

Appropriate Terms for Mental Health Disability 

* Out-dated langage: Handicapped, Physically Challenged, “Special,” Deformed, Cripple, Gimp, Spastic, Spaz, Wheelchairbound, Lame


* Respectful language: Wheelchair user, Person with a mobility or physical disability 



Appropriate Terms for Mobility/Physical Disability

* Out-dated langage:  Retard, Mentally retarded, “Special ed”


* Respectful language: Person with a cognitive/developmental disability

Appropriate Terms for Cognitive Disability

* Out-dated langage:  Dwarf, Midget 


* Respectful language: Someone of short stature

Appropriate Terms for Short Stature, Dwarfism

 * Out-dated langage: Victim, Someone “stricken with” a disability (i.e. “someone stricken with cancer” or “an AIDS victim”


* Respectful language: Survivor, Someone “living with” a specific disability (i.e.
“someone living with cancer or AIDS”) 

Appropriate Terms for Medical Disabilities/Health Conditions

Psychologists are obligated to develop and maintain competency levels of disability land its language usage as well as those impacted by it.

Role of Psychologists in using disability language

~ The person is always put before the disability (Ex: Person WITH a disability)
~ Groups are individualized (Ex: People with disabilities)
~ Advocated to be used by the APA
~Highly Prevalent in academic and professional settings within the United States

Person First Language

~ Disability or a particular disability is the main focus.
~ Promoted by activists and authors.
~ Linked to disability culture.
~ APA recommends using identity-first language to both characterize disability and in reference to those with disabilities.


Identity First Language

In a survey of 728 autistic individuals/individuals with autism and autistic community stakeholders (allistics including: parents, family members, friends, professionals, and those with no interaction with autistic individuals) it was found autistic adults preferred to self-identify with identity first-language with 87% of surveyed autistic adults preferring identityfirst language. Whereas, professionals, allistic friends, allistic non-parent family members, and individuals with no connection to an autistic individual preferred to use person-first language for autistic individuals/individuals with autism.

However since a significant minority of individuals with autism preferred person first language  (13%) it is still suggestedpeople ask what an individuals preference is. 

Person First and Identity First Language for Autistic Individuals/Individuals with Autism

Language choices carry social, cognitive, and emotional weight. The Sapir-Whorf hypothesis (2005) explains how language affects perception, with social context and cognition influencing each other. This theoretical foundation is essential because the perception and attitudes toward disabled people are directly influenced by terminology, often through stigmatizing language and objectifying labels.

Summary of #SaytheWord: A Disability Culture Commentary on the Erasure of “Disability”

29 U.S.C. § 701 (2018). A law that protects individuals with disabilities from discrimination by providing funding, resources, and establishing requirements with the intention to achieve equity for people with disabilities. This law applies to all agencies and programs that are associated with or regulated by the federal government, receive any federal funds, and all federal employment agencies, but each agency has specific requirements in addition to the universal federal standards.

The Rehabilitation Act of 1973

20 U.S.C § 1400 (2018). A law passed in 1975 that focused on providing proper support and resources for students with disabilities in any education related program or service. By being the first piece of legislation that protected the rights of students with disabilities, IDEA specifically created FAPE in section 20 U.S.C 1412 (2018) and IEPs in section 20 U.S.C. 1414 (2018).

The Individuals with Disabilities Act (IDEA) 

This is a monthly payment that is authorized and administered by the Social Security Agency. Individuals who qualify are people with limited income who are disabled, blind, or over the age of 65. Individuals who are blind or have a disability that are under the age 18 may also qualify for SSI. This is a means tested program because an individual must meet the requirements; there is no insured statuses, like Social Security, because the program is funded from the United States Treasury rather than a dedicated tax. 

Supplemental Security Income

42 U.S.C. 3601 et seq. The Fair Housing Act prohibits discrimination by figures who provide housing or discriminatory practices that make housing unavailable or inaccessible based on race, religion, sex, national origin, familial status, and disability. 

Fair Housing Act 

42 U.S.C. §§4151 et seq. The ABA requires any buildings that have used federal funds in any relation must comply with accessibility standards. The United States Access Board will create minimum guidelines of accessibility, then four federal agencies are responsible for establishing and enforcing ABA guidelines in addition to the minimum requirements. 

Architectural Barriers Act (1968)

47 U.S. Code § 151-615b. Signed in 1996, this is one of the first major telecommunications pieces of legislation. Two sections of this act focus on inclusion of services for people with disabilities. 

Telecommunications Act of 1996

In 2002, Congress passed HAVA which intended to majorly reform voting and election processes in the United States. HAVA also created the U.S. Election Assistance Commission (EAC) which ensures that election facilities and officials comply with voting rights protections offered to individuals with disabilities.

Help America Vote Act (2002)

The 14th amendment states that schools are not permitted to discriminate on the basis of disability and that parents are also entitled to equal protection and due process rights. 

Fourteenth Amendment

It was not until 1958 that federal educational grants for improving science and math programs were established because of the differing views amongst states. Both federal and state involvement is necessary in order to support schools for people with physical or mental disabilities. 

Synergistic efforts from state and federal governments

This act encouraged attempts to expand education for those teaching children and students of disabilities. It is funded by institutional grants and additional state educational agencies. 

Public Law 85-926

The case of 7 children who had various disabilities and were refused enrollment into D.C. public schools

Mills v. Board of Education 

Grants students access to their educational records.

Family Educational Rights and Privacy Act of 1974 (FERPA)

Replaced the Workforce Investment Act of 1998 as the main piece of legislation providing federal support for job training. Additionally, this act updated the legal framework for the federal Vocational Rehabilitation program which is meant to assist individuals with disabilities in finding and maintaining jobs.

Workforce Innovation and Opportunity Act (WIOA)

- Musculoskeletal Disorders
- Special Senses and Speech
- Respiratory Disorders 
- Cardiovascular System 
- Digestive System 
- Genitourinary Disorders
- Hematological Disorders 
- Skin Disorders
- Endocrine Disorders
- Cogenital Disorders that Affect Multiple Body Systems
- Neurological Disorders
- Mental Disorders
- Cancer(Malignant Neoplastic Diseases)
- Immune System Disorder


Disability Evaluation Under Social Security

Board of Education v. Rowley (1982) was a landmark case that defined “free appropriate public education” (FAPE) seven years after it was first written into policy under the Education for All Handicapped Children Act (now IDEA). 

Board of Education v. Rowley

In 2017, the Supreme Court unanimously ruled that children with disabilities were entitled to more than “de minimis” of educational benefit under FAPE. This expanded the educational rights previously established under Board of Education v. Rowley. 

Endrew F. v. Douglas County School District

The 1979 court case *Larry P. v. Riles* highlighted a significant racial disparity in California's special education system: while Black children were only 10% of the student population, they comprised 25% of those in special education. The plaintiffs argued that the IQ tests used for placement were discriminatory due to racial and cultural biases favoring white students. The court ruled that these IQ tests could no longer be the sole factor for placing Black students in special education, a decision that prominently exposed the inherent limitations and potential for bias in standardized intelligence testing.

Larry P. v. Riles Court Case

- United States v. NCAA
- Southeastern Community College v. Davis

Disability Legislation Relating to Higher Education in America

The Americans with Disabilities Act (ADA) of 1990 is a key piece of U.S. legislation that prohibits discrimination against individuals based on their disability. The law is founded on the principle that people with disabilities are capable of making valuable contributions to organizations. A central requirement of the ADA is that employers must provide reasonable accommodations to help employees with disabilities perform their jobs, so long as these accommodations do not cause undue hardship to the employer.

Americans with Disabilities Act (ADA) of 1990

It is important to note that crip, similar to the term queer which was theorized to operate in a similar way to disrupt cis-hetero normativity, is based on the reclamation of a derogatory term. In this case, the term crip is a reclamation of the terms crip and cripple which have historically been used as derogatory terms to describe people with disabilities. 

Crip and Reclamation of Language

Ableism permeates common American vernacular. Sensory disability references, such as “are you deaf?” are often used as insults or expressions of exasperation. The word “blind” is often used interchangeably with obliviousness, and “deaf” is often used for unawareness. Popular metaphors like “the blind leading the blind” and “turn a blind eye” refer to ignorant and foolish behavior at the expense of blind people. Another example is the term “lame,” used routinely for uninteresting or disappointing things, with many users unaware of its origins in mobility impairment.

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