Cecily Zamora
The Assistive Technology Act, often called the Tech Act, was first passed by Congress in 1988 as the Technology-Related Assistance Act. The law defines assistive technology as any item, piece of equipment, or product system...that is used to increase, maintain, or improve functional capabilities of individuals with disabilities. The act provides federal grants to each state to fund an Assistive Technology Act Project (ATAP), which offers services to people with disabilities, their families, and guardians. The Tech Act has been reauthorized several times, with amendments in 1994, 1998, and 2004, to promote awareness and access to assistive technology and ensure funding for these vital projects.
| Characteristics | Values |
|---|---|
| Name of the law | Technology-Related Assistance Act of 1988, also known as the Tech Act |
| Purpose | To promote people's awareness of, and access to, assistive technology (AT) devices and services |
| Coverage | People with disabilities of all ages, all disabilities, in all environments |
| Definition of assistive technology | Any item, piece of equipment, or product system that is used to increase, maintain, or improve functional capabilities of individuals with disabilities |
| Assistive technology services | Any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device |
| Funding | Federal grants are provided to each state to fund an Assistive Technology Act Project (ATAP) |
| Impact | Enabled individuals with disabilities to participate in education, employment, and daily activities on a level playing field with their communities |
| Amendments | Reauthorized in 1994, 1998, and 2004, with various amendments and extensions |
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What You'll Learn
The Technology-Related Assistance Act of 1988
The Tech Act is intended to promote awareness of, and access to, assistive technology (AT) devices and services. The Act covers people with disabilities of all ages, all types of disabilities, and all environments. It seeks to provide AT to persons with disabilities so that they can participate more fully in education, employment, and daily activities. The Act defines assistive technology as:
> "any item, piece of equipment, or product system, whether acquired commercially, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities."
The Tech Act also defines an assistive technology service as:
> "any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device."
Examples of AT services include:
- An evaluation of the AT needs of an individual, including a functional evaluation of how AT would help the individual.
- Purchasing, leasing, or otherwise providing an AT device.
- Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, replacing, or donating an AT device.
- Coordinating and using therapies, such as occupational therapy or physical therapy, with AT devices under an educational plan or rehabilitative plan.
- Training or technical assistance for an individual with a disability, or their family members, guardians, advocates, or authorized representatives.
- Training or technical assistance for educational or rehabilitation professionals, manufacturers of AT devices, employers, providers of training and employment services, and others who help individuals with disabilities.
The Tech Act allocates grants to each U.S. state and territory to fund an Assistive Technology Act Project (ATAP). These projects provide services to persons with disabilities for their entire lifespan, as well as to their families, guardians, service providers, and agencies involved in providing services such as education and employment.
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Assistive Technology Act Project (ATAP)
The Assistive Technology Act (AT Act), first passed by Congress and signed by the President as the Technology-Related Assistance Act of 1988, authorizes Section 4 State and Territory Assistive Technology Act Projects (ATAPs). Each US state and territory receives a grant to fund an ATAP. These projects provide services to people with disabilities, their families or guardians, service providers, and agencies and other entities that are involved in providing services such as education and employment to people with disabilities.
The ATAP provides services to persons with disabilities for their entire lifespan. The Assistive Technology Act was reauthorized in 1994, 1998, 2004, and 2022. The AT Act was amended in 2004 as Public Law 108-364. The 2022 reauthorization of the AT Act provides formula grant funding to 56 state and territory programs to enhance awareness, expand access, and increase the acquisition of assistive technology for people with disabilities and older adults.
The Association of Assistive Technology Act Programs (ATAP) is a national, member-based non-profit organization established in 1997. ATAP facilitates the coordination of state and territory AT Act Programs nationally and provides technical assistance and support to its members. ATAP has also partnered with the Disability Information and Access Line (DIAL) to help people with disabilities access information about local communities.
The Technology-Related Assistance Act of 1988, often called the Tech Act, defines assistive technology 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 functional capabilities of individuals with disabilities." The Tech Act also described an assistive technology service as "any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device."
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Civil rights law
In the United States, the Assistive Technology Act of 2004 (AT Act) is a law that provides a framework for the provision and improvement of assistive technology devices and services for individuals with disabilities. This law modified the primary purpose of the previous law, providing a more optimistic future for assistive technology.
The AT Act defines assistive technology devices as any item, piece of equipment, or product system that is used to enhance the functional capabilities of individuals with disabilities. This includes a range of technologies, from simple switches for physical limitations to sophisticated voice output devices for speech impairments. The law also encompasses assistive listening devices, screen reading software, and other tools that enable equal access to education and information.
The AT Act ensures that assistive technology devices and services are provided to children with disabilities at no cost to their parents. This is facilitated through local education agencies and is a crucial component of special education, related services, and supplementary aids. The law emphasizes the importance of considering the individual needs of each child, as determined by their Individualized Education Program (IEP) team.
To support the implementation of the AT Act, the State Grant for Assistive Technology Program provides funding to states, territories, and outlying areas. This grant program is formula-based, with allocations determined primarily by state population. Additionally, the Assistive Technology National Activities Program offers information and technical assistance through competitive grants, contracts, or cooperative agreements.
The AT Act has been further amended to include financing activities, such as the AT State Financing activities, which support the purchase or acquisition of assistive technology through financial loans or other initiatives. This ensures that individuals with disabilities have improved access to the devices and services they require, promoting equal opportunities and quality of life.
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IDEA and 504
The Individuals with Disabilities Education Act of 2004 (IDEA) requires schools to provide special education and related services, based on the Individual Education Plan (IEP). This plan is customised to meet the needs of students with disabilities, allowing them to benefit from instructional materials and communicate effectively. IDEA uses a definition of assistive technology that is nearly identical to the Tech Act, with the addition of excluding surgically implanted medical devices.
Assistive technology is included in the definition of "supplementary aids and services" in IDEA. This means that assistive technology can be used as an accommodation for students with disabilities. An IEP team will determine whether a child needs assistive technology and can request an evaluation. If parents disagree with the team's evaluation, they have the right to request an independent assessment at the school's expense.
Section 504 is a civil rights law that prohibits discrimination against individuals with disabilities. It ensures that children with disabilities have equal access to education and may receive accommodations and modifications. Assistive technology is considered a reasonable accommodation under Section 504. This means that even if a student does not qualify for special education under IDEA, they may still be eligible for assistive technology under Section 504.
The ADA (Americans with Disabilities Act) is another civil rights law that guarantees equal opportunities for individuals with disabilities in various aspects of public life, including education, employment, transportation, and telecommunications. Together, these laws help to ensure that individuals with disabilities have access to the tools and accommodations they need to participate fully in education and other areas of life.
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Assistive Technology Act of 2004
The Assistive Technology Act of 2004, also known as the Improving Access to Assistive Technology for Individuals with Disabilities Act of 2004, was signed into law by President Bush on October 25, 2004. This act was a reauthorization of the Assistive Technology Act, which had been in place since 1998, and its purpose was to promote and improve access to assistive technology devices and services for individuals with disabilities.
The Assistive Technology Act of 2004 recognizes the importance of technology in various sectors, including education, innovation, and the economy, both in the United States and globally. It emphasizes the role of technology in empowering individuals with disabilities to fully participate in their communities. This includes ensuring equal access to education, employment, health coverage, government services, and businesses.
The act amends the ATA programs by directing the Secretary of Education to provide assistive technology grants to states. These grants are intended to help individuals with disabilities, their family members, guardians, advocates, and authorized representatives obtain assistive technology. The grants also aim to increase access to assistive technology devices and services, including programs for device reutilization, loan, and demonstration.
Additionally, the act provides for discretionary funding for research and development projects. This funding becomes available when Congressional appropriations exceed a certain threshold. Universities, governmental agencies, commercial businesses, and nonprofit organizations are all eligible to receive this funding.
The Assistive Technology Act of 2004 also eliminates the sunset provisions, which is a significant development. Previously, the law had to be renewed annually, creating a recurring obstacle for services for people with disabilities. Now, with the elimination of these provisions, the federal government demonstrates its commitment to providing long-term support for assistive technology.
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Frequently asked questions
The Technology-Related Assistance Act of 1988, also known as the Tech Act.
The Tech Act is intended to promote people's awareness of and access to assistive technology (AT) devices and services. It provides AT to people with disabilities so they can participate more fully in education, employment, and daily activities.
Any item, piece of equipment, or product system that is used to increase, maintain, or improve the functional capabilities of individuals with disabilities.
Any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device. This can include evaluations, purchasing or leasing, customizing, training, and more.
Yes, the Tech Act has been reauthorized multiple times. It was reauthorized in 1994, 1998, and 2004, with various amendments made over the years.
