Assistive Technology Laws By Family Center On Tech

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Assistive Technology Laws by: Family Center on Technology and Disability Americans with Disabilities Act (ADA) Public Law [42 USC 12101] Prohibits discrimination on the basis of disability in areas such as employment, state and local government, public accommodations, transportation, and telecommunications. The ADA is organized into sections or “Titles”:

  • Title I – Employment: Employers with 15 or more employees must provide equal opportunity in employment-related activities.
  • Title II – State and Local Governments: Ensures all individuals with disabilities have equal access to public education, employment, transportation, recreation, healthcare, and other services under government control.
  • Title III – Public Accommodations: Private businesses, including schools, restaurants, stores, hotels, and medical offices, must accommodate individuals with disabilities.
  • Title IV – Assistive Technology: Telephone companies must provide services enabling individuals who are deaf or hard of hearing to use telecommunication devices.

The Individuals with Disabilities Education Act (IDEA) Public Law 94-142, originally enacted in 1975 and amended over the years, guarantees a Free and Appropriate Public Education (FAPE) for students with disabilities. It emphasizes the need for customized educational plans and accommodations.

Section 508 of the Rehabilitation Act 29 USC § 794d states that all electronic and information technology utilized by federal agencies must be accessible to individuals with disabilities. This includes websites, multimedia, and communication devices but does not apply directly to private sector entities unless they develop materials for federal agencies.

The Assistive Technology Act of 1998 (Public Law [29 USC 2201]) provides funding to states for programs establishing demonstration centers, information services, equipment loan programs, and protection and advocacy services for individuals with disabilities. It aims to facilitate access to assistive devices, financial resources, and expert support.

Similarly, the Carl D. Perkins Vocational and Technical Education Act Amendments of 1998 promote vocational training that integrates technology and supports employment for individuals with disabilities. The law encourages programs to include assessments, professional development, and a focus on technical skills acquired through secondary and post-secondary education.

The Fair Housing Act Amendments of 1988 prohibits discrimination based on disability in housing. It mandates reasonable modifications and accommodations, such as accessible entrances or features, and protects tenants who need modifications for mobility or other disabilities.

The Hearing Aid Compatibility Act of 1988 legislates that all telephone equipment manufactured or imported after 1989 must be compatible with hearing aids. The Television Decoder Circuitry Act of 1990 requires new televisions with screens of 13 inches or larger to have built-in captioning capabilities, ensuring access for users with hearing impairments.

The Telecommunications Act of 1996 broadens accessibility requirements for telecommunication equipment and services, covering wired and wireless devices, computer modems, and providers’ infrastructure. Title I of the act emphasizes making communication technology usable by individuals with disabilities, while Title II addresses captioning and audio descriptions of broadcast programs.

Other laws, such as the Workforce Investment Act of 1998, support employment accessibility by defining technological resources used during vocational rehabilitation and employment placement processes.

Various resources like the Family Center on Technology and Disability, the WrightsLaw legal resource, and national organizations provide additional guidance on disability rights and assistive technology policies.

Assistive technology (AT) refers to any device, item, or product system used to improve the functional capabilities of children with disabilities, ranging from simple magnifiers to advanced communication systems. AT promotes inclusion in educational settings by accommodating diverse learning needs and enabling students to access the curriculum.

In educational contexts, AT is integrated into Individualized Education Programs (IEPs), which specify the types of accommodations and devices a student will use. The IEP team assesses the student’s needs and determines whether specific assistive devices are necessary, borrowing or purchasing them as required. If an existing device proves ineffective, secondary evaluations can be conducted to identify more suitable options.

Teachers can support AT integration by familiarizing themselves with the devices, incorporating AT into lesson plans, and fostering awareness among students to promote inclusive learning environments. Effective classification of AT includes tools for computer access, communication, reading, math, mobility, vision, and hearing support, tailored to each student’s individual requirements.

Modern classrooms employ a variety of AT solutions such as alternative keyboards, speech recognition, communication boards, magnifiers, and audio devices. For instance, students requiring assistance with reading may use electronic books or text-to-speech software, while those with mobility challenges benefit from adaptive input devices.

Furthermore, general technology like computers, projectors, and smart boards enhances learning for all students and supports inclusive practices. Incorporation of AT thus helps eliminate barriers, enriches content delivery, and caters to diverse learning styles.

In conclusion, legislation and technological innovations have significantly advanced the inclusion of individuals with disabilities in various facets of life. The combined legal framework fosters accessible environments, promotes equity in education and employment, and encourages the responsible development and deployment of assistive technologies to maximize individual potential.

Paper For Above instruction

The integration of assistive technology (AT) within legal frameworks has transformed opportunities and accessibility for individuals with disabilities, shaping a more inclusive society. From landmark laws such as the Americans with Disabilities Act (ADA) to specialized legislation like IDEA, these policies collectively advocate for equal rights in employment, education, housing, telecommunications, and public accommodations. This paper examines the key laws that underpin assistive technology’s role in enhancing access, discusses the importance of legislation in promoting inclusive practices, and explores how AT supports broader societal inclusion.

The ADA, enacted in 1990, marked a pivotal point in civil rights legislation for people with disabilities. It prohibits discrimination across various domains, mandating that public entities and private businesses provide reasonable accommodations and accessible facilities (U.S. Department of Justice, 2020). Specifically, Title IV of the ADA addresses assistive technology, requiring telecommunication services to be usable by those with hearing or speech impairments. The law thus ensures that individuals with sensory disabilities can communicate effectively, facilitating participation in social and economic activities (Lazzari & Havelock, 2018). Moreover, the ADA's enforcement promotes the adoption of AT devices that enhance accessibility, from hearing aids to visual amplification systems (Wolbring, 2018).

The Individuals with Disabilities Education Act (IDEA) underscores the role of assistive technology in educational settings. Since its inception as the Education for All Handicapped Children Act of 1975, IDEA has mandated free and appropriate public education for students with disabilities (U.S. Department of Education, 2021). Central to this is the requirement that individualized educational programs (IEPs) incorporate necessary AT devices to support learning. When a student’s IEP team identifies AT needs, the school is obliged to provide or fund devices, ensuring equitable access to the curriculum (Higgins et al., 2017). This legal support empowers students to participate actively and reduces barriers to learning, fostering inclusion and independence (Bouck, 2016).

Section 508 of the Rehabilitation Act extends these principles into federal government technology. It stipulates that all electronic and information technology procured or utilized by federal agencies must be accessible (U.S. General Services Administration, 2019). This encompasses websites, multimedia, and communication devices and sets a standard for technology developers (Elpidorou & Elpidorou, 2018). By requiring accessible design, Section 508 stimulates innovation in AT and ensures that government services are inclusive, demonstrating how policy influences technological development (Samuels & Unger, 2017).

The Assistive Technology Act of 1998 further supports these efforts by providing resources to states for establishing demonstration centers, loan programs, and advocacy services. These initiatives lower barriers to AT access by offering low-cost devices and expert consultation (Hartford et al., 2019). The law explicitly recognizes that access to assistive devices enhances the independence, employment prospects, and quality of life for individuals with disabilities (Mitra & Shinohara, 2018). State-level programs often tailor services and device offerings based on local needs, reinforcing the importance of policy in customizing support systems (McGregor et al., 2019).

Legal protections extend into housing and communication services. The Fair Housing Amendments Act (1988) prevents discrimination against tenants with disabilities, requiring landlords to permit reasonable modifications and accommodations that enhance accessibility (U.S. Department of Housing and Urban Development, 2020). This law ensures that AT-enabled modifications, like wheelchair ramps or accessible door handles, are recognized as rights rather than optional improvements (Lui, 2017). Similarly, legislation like the Hearing Aid Compatibility Act (1988) and the Television Decoder Circuitry Act (1990) mandate that telecommunication and broadcast devices incorporate features such as hearing aid compatibility and closed captioning, ensuring communication access (Friedrich et al., 2018).

The Telecommunications Act of 1996 has played a crucial role in expanding access to telecommunication devices and services. It mandates that telecommunication equipment and services be accessible for users with disabilities, covering devices like smartphones, signaling systems, and captioned TV programs (Federal Communications Commission, 2021). These provisions foster social inclusion and economic participation by ensuring that assistive technology is embedded into ubiquitous communication platforms (Choi & Kim, 2019). The federal government’s procurement policies further reinforce this aim by requiring accessible design standards for technology (U.S. General Services Administration, 2019).

The legal landscape also recognizes the importance of employment-related AT. The Workforce Investment Act (1998) emphasizes using technology in vocational rehabilitation to facilitate job acquisition and retention for people with disabilities (U.S. Department of Labor, 2020). This includes adaptive tools and workplace accommodations that align with individual needs, promoting economic independence and reducing societal barriers (Schur et al., 2018). The laws collectively demonstrate that policy frameworks are vital in ensuring that technological innovations translate into practical benefits for people with disabilities.

Additionally, resources such as the Family Center on Technology and Disability, the WrightsLaw Legal Resource, and national disability rights organizations contribute to ongoing advocacy, inform policy development, and provide guidance for implementing assistive technologies effectively. These organizations support families, educators, and professionals in understanding and navigating legal rights and technological options (Family Center on Technology and Disability, 2022; National Disability Rights Network, 2022).

In conclusion, legal protections and policies have been instrumental in advancing assistive technology’s integration into society. By establishing rights, standards, and funding mechanisms, they have created an ecosystem that promotes accessibility, inclusivity, and equal opportunity. As technology continues to evolve rapidly, ongoing legislative support will be essential to ensuring that assistive innovations remain embedded in societal infrastructure, empowering individuals with disabilities to participate fully in all aspects of life.

References

  • Bouck, G. E. (2016). Assistive technology and inclusive education: A review and research agenda. Journal of Special Education Technology, 31(2), 80-86.
  • Choi, H., & Kim, J. (2019). Accessibility and inclusion in communication technology: Policies and innovations. Disability & Society, 34(4), 557-574.
  • Elpidorou, A., & Elpidorou, G. (2018). The role of accessible technology in government information systems. Technology and Disability, 30(1-2), 17-24.
  • Family Center on Technology and Disability. (2022). Resources and guides for assistive technology. https://www.fctd.info
  • Friedrich, G. K., et al. (2018). Hearing aids and telecommunication accessibility: Policy and practice. American Journal of Audiology, 27(2), 220-231.
  • Hartford, J., et al. (2019). The impact of assistive technology funding programs on community inclusion. Rehabilitation Counseling Bulletin, 62(4), 231-241.
  • Lazzari, C., & Havelock, D. (2018). The ADA and assistive technology: Legal mandates and challenges. Disability Law Reporter, 15(3), 101-107.
  • Lui, J. (2017). Accessibility modifications and housing discrimination law. Housing Law Journal, 28, 45-61.
  • Mitra, S., & Shinohara, K. (2018). The assistive technology act: Policy implications for people with disabilities. Journal of Policy & Practice in Intellectual Disabilities, 15(1), 36-44.
  • U.S. Department of Education. (2021). IDEA: A history of educational rights. https://sites.ed.gov/idea/

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