Legal Aspects of Special Education

And Social Foundations

The Technology-Related Assistance Act (Tech Act)

11-10-05

The “Tech Act” of 1988• Passed by Congress in 1988

– Public Law 100-107• Reauthorized with amendments in 1994

– Public Law 103-218• Reauthorized in 1998 as the Assistive Technology Act

– Public Law 105-394• Recognized needs of individuals with disabilities

– Can benefit from assistive technology (AT)– Lack access to AT resources

• Information• Assessment services• Funding• Training• Customization, maintenance and repair

http://www.pluk.org/AT1.html#2

Title I of the Tech Act

• Provides grants to States and Territories• Funding to develop consumer-responsive

systems change projects– change the public and private systems which

affect the delivery of assistive technology for people with disabilities

– public awareness, information and referral, training, technical assistance, policy development, and advocacy

Title II of the Tech Act

• Funds programs on a national level– technology training– recycling demonstration projects– technology transfer– development of a national classification

system for assistive technology devices

Title III of the Tech Act• Grants to establish alternative financing

mechanisms– Low-interest loan funds– Loan insurance programs– Partnerships with private entities

• purchase• lease• provision or acquisition of assistive technology• other alternative funding mechanisms).

Rehabilitation Act of 1973• Disability is a natural part of the human

experience and in no way diminishes the right of individuals to:– live independently– enjoy self determination– make choices– pursue meaningful careers– enjoy full inclusion and integration in the

economic, political, social, cultural, and educational mainstream of American society

Age of Technology

• During the past decade, there have been major advances in modern technology. Technology is now a powerful force in the lives of all residents of the United States. Technology can provide important tools for making the performance of tasks quicker and easier.

Benefits of AT• Greater control over their lives;• Participation in, and contribute more fully to,

activities in their home, school, and work environments, and in their communities;

• Interact to a greater extent with individuals who do not have disabilities; and

• Otherwise benefit from opportunities that are taken for granted by individuals who do not have disabilities

AT Development• Adaptations to existing equipment, that

significantly benefit individuals with disabilities of all ages

• Devices can be used to increase the involvement of such individuals in, and reduce expenditures associated with, programs and activities such as early intervention, education, rehabilitation and training, employment, residential living, independent living, recreation, and other aspects of daily living

Technology-Related Assistance Programs

• Most states have carried out these programs under this act. In spite of the efforts made by such programs, there remains a need to support systems change and advocacy activities in order to assist States to develop and implement consumer responsive, comprehensive statewide programs of technology related assistance for individuals with disabilities of all ages.

Limitations• Lack of resources to pay for assistive

technology devices and assistive technology services;

• Lack of trained personnel to assist individuals with disabilities to use such devices and services;

• Lack of information among individuals with disabilities and persons involved in advocating for these persons

Limitations

• There are insufficient incentives for the commercial pursuit of the application of technology devices to meet the needs of individuals with disabilities, because of the perception that such individuals constitute a limited market

Policy• It is the policy of the United States that all programs, projects, and

activities…shall be consumer responsive and…carried out in a manner consistent with the principles of:– respect for individual dignity, personal responsibility, self-

determination, and pursuit of meaningful careers, based on informed choice, of individuals with disabilities

– respect for the privacy, rights, and equal access (including the use of accessible formats), of such individuals

– inclusion, integration, and full participation of such individuals– support for the involvement of a family member, a guardian, an

advocate, or an authorized representative, if an individual with a disability requests, desires, or needs such support

– support for individual and systems advocacy and community involvement

Assistive Technology Device• Any item, piece of equipment, or

product system whether acquired commercially off the shelf, modified or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities.

Categories of AT Devices

• Computer Access - software, hardware, and special instruments that make computers accessible

Categories of AT Devices

• Mobility - aids, devices, and methods that provide alternative means for walking, standing, or transferring

Categories of AT Devices

• Communication - aids, devices, and methods that enhance personal expressive communication

Categories of AT Devices

• Job Accommodation - aids, devices, and methods that help people carry out work-related tasks

Categories of AT Devices

• Seating - modifications to wheelchairs or other seating systems that provide greater body stability, upright posture or reduction of pressure on the skin surface

Categories of AT Devices

• Education - educational and vocational resources, services, and products for use in assessments and training

Categories of AT Devices

• Transportation - register vehicles, accessories, and services that assist people travel

Categories of AT Devices

• Recreation - aids, devices, and methods used for recreation, sports, and leisure

Categories of AT Devices

• Adaptive Switches - switches used to control computers, environmental control units, adaptive toys, communication devices, etc

Categories of AT Devices

• Architectural Elements - structural adaptations to the home or work site that remove or reduce physical barriers

Categories of AT Devices

• Therapeutic Aids - aids, devices, and methods that assist in therapy treatments

Categories of AT Devices

• Therapeutic Aids - aids, devices, and methods that assist in therapy treatments

Categories of AT Devices

• Orthotics/Prosthetics - aids, devices, and methods that replace or augment missing or non-functioning body parts

Assistive Technology Services

• An assistive technology service means any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device.

AT Services• Evaluation of needs of an individual• Purchase, lease, or other acquisition of devices• Selection, design, fit, customization, adaptation,

application, maintenance, repair, or replacement of devices

• Coordination and use of other therapies, interventions, or services

• Training or technical assistance for individuals with disabilities and their families

• Training or technical assistance for professionals, employers, and other service providers

Advocacy Services• Assist individuals with disabilities in accessing

AT devices and services• Sources

– individual case management for individuals with disabilities

– representation of individuals with disabilities– training of individuals with disabilities to

successfully conduct advocacy for themselves– dissemination of information