Assistive Technology Laws

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Assistive Technology Laws

Re-published with permission from the Family Center on Technology and Disability (FCTD)

Updated as of 9/2014

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Assistive Technology Lawsby: Family Center on Technology and Disability

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Americans with Disabilities Act (ADA)Public Law 101-334 [42 USC 12101]

ADA prohibits discrimination on the basis of disability in the following areas: Employment State and Local Government Public Accommodations Commercial Facilities Transportation Telecommunications

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Americans with Disabilities Act (ADA)Public Law 101-334 [42 USC 12101]

The law is organized by section, or “Title” Title I – Employment

Any employer who has 15 or more employees must offer “equal opportunity” to employment related activities

Title II – State and Local GovernmentsInsists that all people with disabilities must be given equal access to public education, employment, transportation, recreation, health care, and other areas under their control

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Americans with Disabilities Act (ADA)Public Law 101-334 [42 USC 12101]

Title III – Public Accommodations by Private Companies

Public accommodations must be made by all private companies, including private schools, restaurants, stores, hotels, and doctors’ offices.

Title IV – Assistive TechnologyAll telephone companies must

provide the necessary services to allow people who are deaf or hearing impaired to use telecommunication devices.

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Individuals with Disabilities Education Act (IDEA)Public Law 94-142

Originally passed in 1975 as the Education for All Handicapped Children Act (EHA), IDEA guarantees that eligible children and youth with disabilities receive a free and appropriate public education (FAPE)Amended many times, most recently in 2004

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Section 508 of the Rehabilitation Act29 USC § 794d

Requires that all electronic and information technologies that are developed and used by any Federal government agency must be accessible to people with disabilities. These technologies include: Websites Video and audio materials Electronic books Televised programs Any other type of electronic media

Does not apply to the private sector or to organizations that receive Federal funds. (It does, however, apply to materials developed by those organizations for the Federal government and funded by government agencies.)

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Assistive Technology Act of 1998Public Law 105-394 [29 USC 2201]

Also known as the “Tech Act” Provides funds to states to support three types of programs:

1. Assistive technology (AT) demonstration centers, information centers, equipment loan facilities, referral services, and other consumer-oriented programs

2. Protection and advocacy services to help people with disabilities and their families, as they attempt to access the services for which they are eligible

3.3. Federal/state programs to provide low Federal/state programs to provide low interest loans and other alternative interest loans and other alternative financing options to help people with financing options to help people with disabilities purchase needed assistive disabilities purchase needed assistive technologytechnology

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Carl D. Perkins Vocational and Technical Education Act Amendments of 1998

P.L. 105-332 Section 1 (b) [20 USC 2302]

Defines vocational technical education as organized educational programs offering sequences of courses directly related to preparing individuals for paid or unpaid employment in current or emerging occupations requiring other than a baccalaureate or advanced degree.

Requires schools to: Integrate academic, vocational and technical training Increase the use of technology Provide professional development opportunities to staff Develop and implement evaluations of program quality Expand and modernize quality programs Link secondary and post-secondary vocational education

Requires states to: Submit an annual report on how special populations, including persons

living with disabilities, engaged in vocational education are faring relative to the state’s performance guidelines

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Carl D. Perkins Career and Technical Education Improvement Act of 2006 (1)

Changes language: "career and technical education" instead of "vocational education“

Keeps Tech Prep program as a separate federal funding stream within the legislation

Maintains state administrative funding at 5 percent of a state’s allocation

Introduces local accountability requiring local programs to set specific performance targets and be responsible for meeting these targets

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Fair Housing Act Amendments of 1988Public Law 100-430 [42 USC 3604]

Addresses non-discrimination issues for potential tenants with disabilities.

Makes it unlawful to deny housing to a renter/buyer because of a disability that the person may have.

Mandates that reasonable exceptions to policies be made to accommodate individuals with disabilities.

Allows tenants to make reasonable access-related modifications to property if necessary.

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The Television Decoder Circuitry Act of 1990, Section 3Public Law 101-431 [47 USC 303(u)]

All individuals who are deaf or have hearing impairments should have access to information and entertainment via television to the fullest extent possible through technology.

Requires that all new televisions with at least a 13-inch screen have the built-in capacity to display closed-captioned TV transmissions.

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Telecommunications Act of 1996Title I – Public Law 104-104 [47 USC 255]

Requires that telecommunications equipment and services be accessible to and usable by individuals with disabilities.

Telecommunication products covered include: Wired and wireless telecommunication devices (telephones, cellular

phones, pagers, and fax machines) Other products that have a telecommunication service capability such as

computers with modems Equipment that carriers use to provide services, such as a phone company’s

switching equipment

Title II – Public Law 104-104 [47 USC 613] Discusses rules concerning closed captions and video descriptions of

video programming

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Federal Government Procurement of Accessible Information TechnologyPublic Law 105-220 Section 408 [29 USC 794 (d)]

Individuals with disabilities can not be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service.

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Workforce Investment Act of 1998Public Law 105-220 [29 USC 701]

This law defines technology in the vocational rehabilitation process and mandates its use in job planning, acquisition and retention of people with disabilities.

UNITED STATES DEPARTMENT OF LABOR Employment and Training Administration

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Additional Resources

A Guide to Disability Rights Law – U.S. Department of Justice

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Family Center on Technology and Disability1825 Connecticut Avenue, NW7th FloorWashington, DC 20009-5721email: [email protected]

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“Assistive and Instructional Technology Supporting Learners with Disabilities”