March/April, 2006 FORUM Article

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Four Federal Laws Address Assistive Technology

Technology is present everywhere in our world and advancing so quickly that many of us struggle to stay abreast of the latest inventions. One type of technology that is particularly exciting for people with disabilities is assistive technology. Assistive technology assists or enhances the ability of people with all manner of disabilities to work, complete the activities of daily living, interact with others, and stay connected to their or others' rapidly changing technological world. It levels the playing field and makes the world more accessible to individuals with disabilities.

Does federal law provide for assistive technology? Is it part of the many statutes that bar discrimination against people with disabilities and improve their access to education, employment, and a better quality of life? This article looks at four different laws and how they address assistive technology: Technology-Related Assistance for Individuals with Disabilities Act, Americans with Disabilities Act (ADA), Developmental Disabilities and Bill of Rights Act, and Individuals with Disabilities Education Act (IDEA).

The Technology-Related Assistance for Individuals with Disabilities Act

In 1988, Congress enacted the Technology-Related Assistance for Individuals with Disabilities Act, referred to as the "Tech Act." In its current form, the Tech Act outlines the need for assistive technology and services geared toward the provision of assistive technology. It authorized federal dollars to assist states to develop comprehensive statewide programs designed to do the following:

• increase the amount of money going toward assistive technology;
• increase the access to assistive technology and services for people with disabilities, including access to training to learn how to use assistive technologies;
• increase the ability of individuals with disabilities to get assistive technology services o matter which type of agency, educational or otherwise, the person relies on for services;
• increase the ability of the state to fund assistive technology services;
• increase the involvement of the disability community, including people with disabilities, their family members, and advocates, in making decisions about the provision of assistive technology services;
• increase the efforts to coordinate services between and within state agencies, local agencies, and private entities;
• increase public awareness about the accessibility and benefit of assistive technology; and
• increase involvement in the legal process by making people aware of the need for, and getting people involved in advocating for, changes in laws, regulations, and procedures that apply to the use of assistive technology

The Tech Act defines an assistive technology device as "any item, piece of equipment, or product system, whether acquired commercially, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities." Simply put, an assistive technology device is any type of tool or piece of equipment that a person with a disability can use in order to be able to complete a task or in order to more effectively complete a task.

The Tech Act defines assistive technology service as any service that aids a person in using an assistive device. The statute further clarifies that these services can range from an evaluation of an individual's need for assistive technology, purchase of assistive technology tools, modifications to assistive technology tools, coordination of any necessary assistive technology services, instruction for users of the assistive technology, and outreach to inform the public about the availability of assistive technology.

An important concept related to assistive technology, "universal design," was first defined in the Tech Act. Universal design is a concept "for designing and delivering products and services that are usable by people with the widest possible range of functional capabilities." In other words, a product that is universally designed will be more easily used by all people, those with disabilities and those without. Makers of assistive technology devices and provides of assistive technology services try to adhere to the principal of universal design. The concept of universal design also exists in IDEA.

The Tech Act essentially lays the foundation for the provision of assistive technology and provides the definitions and specifications for assistive technology used in other disability discrimination and special education statutes. While the Tech Act lays out the goals for the delivery of assistive technology and assistive technology services, these other disability and special education statutes give even further guidance for carrying out these goals.

Americans with Disabilities Act

Congress enacted the Americans with Disabilities Act (ADA) in 1990. ADA does not provide for assistive technology by name; rather, it provides for "reasonable accommodations to those who need them. Under ADA, reasonable accommodations can include any type of change or enhancement to a building or piece of equipment, or the use of certain practices of services that will help people with disabilities be better able to work and live. Assistive technologies fit under this definition even though ADA does not use the words "assistive technology."

ADA describes how and why assistive technology is so important to the lives of people with disabilities. It does so by defining "qualified individual with a disability" (one who is protected by ADA) as "an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires." In other words, a qualified individual with a disability is a person who, if provided with reasonable accommodations for his or her disability, is able to complete whatever task he or she is setting out to do.

The essential principle of ADA is that no employer or other covered entity may discriminate against a "qualified individual with a disability." This means that a person with a disability who is qualified to perform a job and who does not need any accommodations may not be refused a job just because of his or her disability. It also means that a person with a disability who is qualified to perform a job but who does need special accommodations will be allowed to use whatever accommodations he or she needs and similarly will not be denied employment.

Individuals with Disabilities Education Act

The Individuals with Disabilities Education Act (IDEA) defines assistive technology and assistive service with almost exactly the same working as the Tech Act. Assistive technology is an authorized activity that may be funded with federal grant money and is separately identified as a priority for the state educational agency to focus on, in collaboration with the state agency responsible for providing assistive technology. IDEA specifically requires those who develop an Individualized Education Plan (IEP) to consider whether the child needs assistive technology devices and assistive technology services. So, the IEP team must ensure that the child receives the, at no cost.

Part C of IDEA, authorizing early intervention services for infants and toddlers experiencing or at-risk for developmental delay, requires "assistive technology devices and assistive technology services" be provided to children who need them as part of their Individualized Family Service Plan (IFSP). Part D, authorizing various capacity building activities at national and state levels, advances state and local activities related to assistive technology devices and assistive technology services. Parent training and information centers (PTIs) are parent organizations that receive funding to provide information and support services for parents of children with disabilities. PTIs may carry out a variety of authorized functions, but in particular, a PTI may be given technical assistance from the state for the promotion of the "use of technology, including assistive technology devices and assistive technology services." Part D also highlights assistive technology as a potential education priority for the "comprehensive state plan" and permits the U.S. Department of Education to give priority to "projects that promote the develo9pment and use of technologies with universal design, assistive technology devices, and assistive technology services" when these services are used to improve children's access to and participation in education.

Developmental Disabilities and Bill of Rights Act

The Developmental Disabilities and Bill of Rights Act, or "DD Act," guarantees that individuals with developmental disabilities and their families participate in and have a say in decisions made about community services, supports, and any other types of assistance. Being involved and playing an active role in services and supports improves the quality of life for people with disabilities by giving them control over their lives and allowing them to be valuable contributing members of their communities.

The DD Act defines assistive technology and assistive technology services in almost exactly the same way that the Tech Act defines these terms. Section 15009 lists the rights of individuals with developmental disabilities. Included are the rights to "appropriate treatment, services, and habilitation for such disabilities." Assistive technology devices and assistive technology services can arguable by considered "appropriate services" and therefore, may be included as one of the "rights" guaranteed individuals with developmental disabilities. The DD Act also includes requirements for state-provided services for individuals with developmental disabilities, including assistive technology and assistive technology services.

Conclusion

Assistive technology, in its various forms and uses, is an important resource for the disability community. As such, it is important to identify the legal means through which assistive technology is made available and funded. ADA provides general protection against discrimination for people with disabilities, and by virtue of the "reasonable accommodations' principle, speaks to the issue of providing whatever reasonable means are necessary to enable people with disabilities to work, play,, and enjoy life opportunities enjoyed by people without disabilities. The Tech Act specifically calls for access to and successful application of assistive technology devices and assistive technology services for people with all forms of disability. The measures used to ensure access to and successful application of assistive technology that are described in the Tech Act are restated in the various other disability and special education legislation. The DD Act more specifically addresses assistive technology by requiring the provision of assistive technology devices and assistive technology services in order to enhance the quality of life and promote community integration for people with disabilities. Finally, for those individuals with disabilities needing special education or early intervention services, IDEA both requires the use of and provides funding for assistive technology.