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ASSISTIVE
TECHNOLOGY AND THE LAW
Several laws have impacted the field of
assistive technology including:
Rehabilitation Act of 1973 and subsequent amendments
Assistive
Technology Act of 1998 (formerly the Technology
Related Assistance Act of 1988
and 1997 Amendments)
Americans with Disabilities Act of 1990
Individuals
with Disabilities Education Improvement Act of
2004 (formerly
the Individuals with Disabilities Education Act
1997
Amendments & the Education for
the Handicapped Act of 1975 and 1986 Amendments)
According to the Assistive Technology Act (P.L. 105-394),
an “assistive technology device” is defined
as “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 the functional capabilities of individuals with
disabilities.” Three aspects of this definition
are important to note. First, this definition is broad
and covers a variety of technology across the spectrum
from low to high tech. It may include something that
is readily available in stores such as a pencil grips,
crutches, cushions, or hand-held magnifiers. It may also
include something you already have and modify. For example,
you can cut the handle out of a milk jug and use it to
hold a marker or paintbrush, create grid-lined paper
for math or accounting worksheets, and attach Velcro
to toys to allow children with no grasp to pick them
up. Finally, assistive technology can include the higher
end devices that are difficult to acquire, expensive,
or require the use of sophisticated computer chips such
as augmentative communication devices, computers and
computer software, power wheelchairs, and hearing aids.
The second aspect of this definition that is important
is its focus on “functional capabilities.” Assistive
technology is intended to improve an individual’s
ability to participate in meaningful activities. Tasks
such as reading, writing, eating, playing, studying,
listening, communicating, working, and interacting with
others may all fall into this category. Splinter skills
such as standing on one leg for ten seconds, stacking
blocks, or performing at a certain level on a standardized
test do not typically fall into this category and should
not be the focus of AT use.
Finally, an important aspect of this definition is its
emphasis on “individuals with disabilities.” Assistive
technology should be tailored to each individual’s
specific needs, abilities, environments, and tasks. Two
people with the same diagnoses who are in the same environment
(i.e.: classroom, work shop, etc.) may still require
very different technology to meet their needs. As a result,
AT professionals must avoid prescribing AT based on diagnosis
alone.
Below is a collection of articles, handouts/forms, and
useful links related to the legislation affecting assistive
technology. We’ve included information relevant
to both federal and state levels.
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