Assistive Technology Legislation |
The Rehabilitation Act of 1973
Public Law 93-112; Section 504
Section 504, part of the Rehabilitation Act of 1973, was the first federal civil rights law to protect the rights of individuals with disabilities.
Section 504 states: "no otherwise qualified handicapped individual in the United States shall, solely by reason of his/her handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance".
EHA: The Education for the Handicapped Act
Public Law 94-142; 1975
The EHA, Education for all Handicapped Children Act, guaranteed a Free and Appropriate Public Education (FAPE) for all children with disabilities, ages 5-21.
- Special Education and related services must be provided by the public institution at no cost to the parents
- Appropriate education requires that regular and special education be designed to meet a disabled students' individual educational needs.
- All students with disabilities must be educated in the least restrictive education (LRE) environment
- All special education student must have an Individualized Education Program (IEP) to special education and services; the plan must address specific special services to be provided to the child
- Parents may participate in all decisions regarding the evaluation and placement of their child. Parents must agree to evaluation, assessment or placement options. In addition, there is a process of appeal.
EHA Amendments 1986
Public Law 99-457
Preschool and Infant/Toddler Programs In 1986, an amendment to the EHA, extended the purpose of EHA to include children ages 0-5 and included:
- To extend the guarantee to a Free and Appropriate Public Education (FAPE) to children with disabilities, ages 3-5.
- To establish Early Intervention Programs (EIP) for infants and toddlers with disabilities, ages 0-2
- To develop an Individualized Family Service Plan (IFSP) for each family with an infant/toddler with disabilities
Technology Related Assistance for Individuals with Disabilities Act of 1988
Public Law 100-407, The Tech Act
The "Tech Act" provided federal funds to states to develop
training and delivery systems for assistive technology devices and services.
It required states and territories to develop statewide, consumer-responsive
programs of technology-related services for persons of all disabilities
and of all ages.
It was in this law that the first definitiion of Assistive Technology Devices
and Services was declared. This law provided availability and quality of
AT devices and services to all individuals, including children.
Americans with Disabilities Act, 1990
Public Law 101-336, ADA
The ADA was passed in n 1990. This laws gave full civil rights to all individuals with disabilities. Section 504 was extended to prohibit discrimination in public and private sector employment, public accommodation, transportation, state and local government services and telecommunications. For students with disabilities, the ADA prohibits discrimination and extends the right of access to ALL educational programs and services whether or not the school receives federal funding.
1990 EHA Amendments
Public Law 101-476
In 1990, amendments were again added to EHA, considerably adding components to the law: * To rename the EHA as the Individuals with Disabilities Education Act (IDEA). The amendment also replaced the phrase "handicapped child" with "child with a disability". * To provide Transition Services for students by age 16 * To extend eligibility to children with autism and traumatic brain injury * To define Assistive Technology Devices and Services for children with disabilities for inclusion in the IEP * To extend the Least Restrictive Environment (LRE) to require the child, to the maximum extent appropriate, be educated with children without disabilities -- in the same class s/he would have been but for the disability
Individuals with Disabilities Education Act, 1990
Public 101-476
The IDEA, in 1990, built upon the Tech Act and clearly delineated the school district's responsibility to provide AT to students with disabilities. IDEA also included the Tech Act's Assistive Technology Devices and Services.
The IDEA section 300.308 requires public agencies to ensure that assistive technology devices or assistive technology services are made available to a child with a disability if required as part of the child's Special education; also included are related services and supplementary aids and services under The IDEA clearly requured that the school district, as a public agency, must ensure that both AT devices and services are provided if "required" for the student to receive a free, appropriate public education (FAPE). It falls to the IEP team to determine what, if any, AT is necessary. Later EHA Amendments state that AT be "considered" on all student IEPs .
1992 Reauthorization of the Rehabilitation Act Section 508
Public Law 102-569
In 1992, Section 508 further clarified the rights of individuals to be provided access to electronic and information technology. It requires all Federal agencies' provide accessible electronic and information technology -- such as federal Web sites, telecommunications, software, hardware, printers, fax machines, and copiers. All of these must be accessible to people with disabilities.
1997 EHA Amendments
Public Law 105-17
The EHA amendments of 1997 further strengthened the rights of students with disabilities.
- Expanded the concept of LRE (Least Restrictive Environment) to assure that all disabled students would have "access to the general curriculum"
- Required that Assistive Technology Devices and Services be considered on the IEP's of all disabled students. Use of school-purchased AT in a child's home or other settings is required if the child needs those devices in order to receive a FAPE.
- Mobility was added to the services profided for blind children or students with visual impairments, as well as for other children who may also need instruction in traveling around their school, or to and from school.
Assistive Technology Act of 1998
Public Law 105-394
This Tech Act amendment affirms that technology is a valuable tool that can be used to improve the lives of Americans with disabilities. It extends the funding of the 50 states and six territories to develop permanent, comprehensive, statewide programs of technology-related assistance.
For further information regarding AT Legislation see these sites:
Assistive Technology Training Online Project (ATTO)
A good overview of the history of AT legislation.Assistive Technology Legislation
Rehabilitation Engineering Society of North America (RESNA)
A great set of links. AT Laws
National Information Center for Children and Youth with Disabilities
Very good info about special education. The Education of Children and Youth with Special Needs: What do the Laws Say?