January 6, 2009
TECHNOS QUARTERLY Summer 1994 Vol. 3 No. 2
It's The Law
By John Pesta
Old Law, New IDEA
The Education of the Handicapped Act of 1975 gave disabled children the right
to be educated with nondisabled students “to the maximum extent appropriate.”
In 1990 the title of this law was changed to the Individuals with Disabilities
Education Act, or IDEA, and greater provisions were made to ensure that all
children receive the educational services they require. Public schools now
have responsibilities to identify the technology that students need, to obtain
appropriate devices, and to provide necessary services. Because all children
are entitled to a “free appropriate public education,” schools must
provide assistive technology free of charge. This can be a problem for budget-strapped
districts; therefore, local officials sometimes resist buying highly expensive
equipment that only one student will use. Nevertheless, in cases where the
devices are required solely for educational purposes, the schools have no
choice. Because the local education agency is required to implement a special-education
student's Individualized Education Plan (IEP), it must make available any
technological devices that are necessary for school-related activities, including
homework. If a school district refuses to implement the IEP or offers to provide
less desirable devices (perhaps because of cost), dissatisfied parents may
demand a due-process hearing before an impartial third party to resolve the
issue. However, in a case where a student needs an assistive device not only
for educational reasons but also for general living purposes, there is some
question as to who must pay for it. Each case is handled individually, and
there is no simple pro-forma procedure.
The Tech Act
The Technology-Related Assistance for Individuals with Disabilities Act of
1988, generally referred to as the Tech Act, is intended to expand the availability
of assistive technology for all persons with disabilities. The law authorizes
grant incentives for all 50 states to develop programs of technology-related
assistance. Among their many services, these programs help disabled individuals
learn to use devices appropriate for their specific needs.
Americans with Disabilities Act
The Americans with Disabilities Act of 1990 (ADA) is the most comprehensive
federal civil-rights law specifically for people with disabilities. It extends
to physically impaired persons the same protections that other civil-rights
laws give to individuals on the basis of race, sex, national origin, and religion.
The ADA guarantees equal opportunity in employment, public accommodations,
transportation, state and local government services, and telecommunications.
—John Pesta
Return to Assistive, Adaptive, Amazing Technologies TECHNOS Quarterly article.