| |
| Law/Topic |
Date |
Basic
Content that Applies to Assistive Technology |
Rehabilitation
Act
93-112 |
1973 |
Reasonable
accommodations and LRE mandated in federally funded
employment and higher education – AT devices and
services required |
| Vocational
Rehabilitation Act, Section 504
|
1973 |
Basic
civil rights protection to individuals with disabilities,
protection for students with orthopedic impairments and
other disabilities that would not qualify them for
special education. AT can be used as
an accommodation to allow students to take part in
activities
|
| Education
for All Handicapped Children Act (EHA) 94-142
|
1975 |
Reasonable
accommodations LRE are extended to all school age
children IEPs mandated
AT plays a major role in gaining
access to educational programs
|
Preschool
and Infant/Toddler Program
- amendments to EHA |
1986 |
Reasonable
accommodations and LRE are extended to children from ages
3-5, expands emphasis on educationally related assistive
technologies |
Rehabilitation
Act
- amendments |
1986 |
Provisions
for the addition of assistive technology to be included
in state plans and in individual rehabilitation programs,
Section 508 demands access to electronic office equipment
for all Federal employees |
Technology
Related Assistance for Individuals with Disabilities Act
(Tech Act)
100-407 |
1988 |
First
federal legislation directly related to assistive
technology Stresses consumer driven
systems and systems changes
Section 508 extended to all states
|
Orenich
OSEP Policy Letter |
1988 |
When
AT is used as a “supplemental aid and service it
must be included in the IEP” |
Goodman
OSEP Policy Letter |
1990 |
Case
by case determination AT is required
if needed as part of FAPE
AT can be used to maintain a child
in the least restrictive environment
|
| Reauthorization
of the Rehabilitation Act |
1990 |
Formally
adopted the same definitions and terminology as IDEA Mandated that rehabilitation technology
be seen as “a primary benefit” to be included
in rehabilitation program
|
| Americans
with Disabilities Act (ADA)
101-336
|
1990 |
Provisions
including assistive technology are recognized in the
areas of public accommodation private employment,
transportation and telecommunications Extends
503, 504, and 508 to all citizens
|
| Individuals
with Disabilities Education Act (IDEA) 101-496
|
1990 |
Specifically
defines assistive technology devices and services as well
as carefully delineating how they apply to education |
Libous
Letter
OSEP Polity Letter |
1990 |
Even
if AT were considered only a related service, it cold be
provide as the sole component of a summer program |
Anonymous
Letter
OSEP Policy Letter |
1991 |
The
School Board cannot change the decisions of a PPT
regarding the implementation and need for assistive
technology |
Anonymous
Letter
OSEP Policy Letter |
1991 |
If
an IEP determines that an AT device is need for home use
to ensure FAPE, it must be provided |
Lamber
Letter
OSEP Policy Letter |
1992 |
Calculators
my qualify as AT devices |
Anonymous
Letter
OSEP Policy Letter |
1992 |
An
FM training system qualifies as an AT device |
Seiler
Letter
OSEP Policy Letter |
1993 |
If
a hearing aid is an assistive technology device then the
school must provide it if it is hart of the IEP to
benefit the child’s education |
Moore
Letter
OSEP policy |
1993 |
School
district funds can be used to purchase a computer for a
student with disabilities attending a parochial school if
the computer is provide to assist the child to
communicate, not for religious instruction |
Anonymous
Letter
OSEP Policy Letter |
1994 |
If
a parent provides the AT device, it is reasonable for the
school to assume liability for the device when used
during school hours and for maintenance of that device. Schools can ask parents to use private
insurance to finance AT devices or services, but parents
do not need to do this
|
| Telecommunications
Act |
1996 |
require
manufacturers of telecommunications equipment and
providers of telecommunications services to ensure that
such equipment and services are accessible to and usable
by persons with disabilities, if readily achievable.
These amendments ensure that people with disabilities
will have access to a broad range of products and
services such as telephones, cell phones, pagers,
call-waiting, and operator services, that were often
inaccessible to many users with disabilities. |
| Various
Letters OSEP Policy Letters referring
to specific devices
|
1989-1996 |
Any
lists of AT devices are not exclusive. AT devices and services could include
orientation and mobility services for students how are
blind, large print books, adapted spoons, FM auditory
trainer, calculators, pulmonary nebulizer, optical
scanner with speech output, and bus lifts as examples
|
Favorito
letter
OSEP Policy Letter |
1995 |
AT
devices required by a child in order to benefit from an
education program might also include changes in lighting,
cooling, and/or carpeting |
Bachus
Letter
OSEP Policy Letter |
1995 |
Eyeglasses
can be considered an assistive technology device if they
are needed for a child to benefit form his or her
educations |
Anonymous
Letter
OSEP Policy Letter |
1995 |
An
assistive technology is like that of any other
evaluation, and parents have the right to ask for an
independent evaluation if they disagree with a
school’s evaluation |
Shelby
Letter
OSEP Policy Letter |
1995 |
When
AT is provide to educate a child in the regular education
environment, any modifications must be included in the
IEP |
Nanon
Letter
OSEP Policy Letter |
1995 |
There
is no federally approved list of AT devices |
| IDEA
amendments IDEA Implementation
|
1997 1999
|
Assistive
technology needs must be considered during the
development of a student’s IEP – an indication
during these discussion that AT might be needed leads to
an evaluation of needs |
Anonymous
OSEP Policy Letter |
1997 |
As
with any other special education service, the need for AT
must be determined on a case-by-case basis, considering
the unique needs of each child |
| Tex.
SEA 25 IDELR875
|
1997 |
On
a case-by-case basis, a laptop computer may be required
over a desktop computer |
| Ark.
SEA 26IDELR1037
|
1997 |
Methodological
specifics can be included in an IEP regarding the use of
specific computers and/or software |
Culbreath
Letter
OSEP Policy Letter |
1997 |
If
the students needs a device at home for FAPE, the
district must provide it at no cost Parents
cannot be charges for normal use, and wear and tear, but
state law, not IDEA, will generally govern parent
liability for theft, loss, or damage due to negligence or
misuse of AT at home or in other settings.
|
| Assistive Technology Act ATA
105-394
|
1998 |
Reauthorization of the Tech Act Under
Title I in the new ATA, states and funded territories are
required to conduct the following activities:
- Support
a public awareness program designed to provide
information related to the availability and
benefits of assistive technology devices and
assistive technology services.
- Promote
interagency coordination that improves access to
assistive technology devices and services for
individuals of all ages with disabilities.
- Provide
technical assistance and training including the
development and implementation of laws,
regulations, policies, practices, procedures, or
organizational structures that promote access to
assistive technology devices and services.
- Provide
outreach support to statewide community-based
organizations that provide assistive devices or
services to individuals with disabilities or
assist individuals in using assistive technology
devices and services including focusing on
individuals from underrepresented and rural
populations
|
Rehabilitation Act
- amendments to Workforce Investment Act Section 508
Electronic And Information
Technology
|
1998 &
2000
|
Section 508 requires that Federal agencies'
electronic and information technology is accessible to
people with disabilities, including employees and members
of the public. Section 508
establishes requirements for any electronic and
information technology developed, maintained, procured,
or used by the Federal government.
States receiving assistance under
the Assistive Technology Act State Grant program are
required to comply with section 508 and the Board’s
standards, according to the Department of Education,
which administers the Act.
|
| Developmental Disabilities Act DDA
|
2000 |
system to protect the rights and support the
inclusion of people with developmental disabilities
through the development of a consumer-oriented,
coordinated system of services, supports and other
assistance to promote independence, productivity,
integration and inclusion of people with developmental
disabilities. |
