Cecily Zamora
The Assistive Technology Act, often called the Tech Act, was first passed by the US Congress and signed into law by the President in 1988 as the Technology-Related Assistance Act. The law was reauthorized in 1994, 1998, and 2004. The Tech Act is intended to promote awareness of and access to assistive technology devices and services for people with disabilities. Assistive technology devices are defined as any item, piece of equipment, or product system that is used to increase, maintain, or improve the functional capabilities of individuals with disabilities. The law requires that each US state and territory receive a grant to fund an Assistive Technology Act Project (ATAP), which provides services to people with disabilities and their families for their entire lifespan.
| Characteristics | Values |
|---|---|
| Name of the law | Assistive Technology Act, also known as the Technology-Related Assistance Act or the Tech Act |
| Year of enactment | 1988 |
| Years of reauthorization | 1994, 1998, 2004 |
| Purpose | To promote people's awareness of and access to assistive technology (AT) devices and services |
| Target group | Persons with disabilities of all ages, all disabilities, and in all environments |
| Definition of assistive technology device | Any item, piece of equipment, or product system that is used to increase, maintain, or improve functional capabilities of individuals with disabilities |
| Definition of assistive technology service | Any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device |
| Funding | Each US state and territory receives a grant to fund an Assistive Technology Act Project (ATAP) |
| Examples of AT services | Evaluation of AT needs, purchasing/leasing/providing an AT device, selecting/designing/fitting/customizing/adapting/applying/maintaining/repairing/replacing/donating an AT device, coordinating and using therapies with AT devices, training or technical assistance for individuals with disabilities and their families/guardians/representatives, training or technical assistance for educational or rehabilitation professionals and manufacturers of AT devices |
| Related laws and programs | Individuals with Disabilities Education Act (IDEA), Every Student Succeeds Act (ESSA), Infants and Toddlers with Disabilities Program of the IDEA, Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973 |
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What You'll Learn
The Technology-Related Assistance for Individuals with Disabilities Act (Tech Act)
The Technology-Related Assistance for Individuals with Disabilities Act, commonly known as the Tech Act, was first passed in 1988. It was reauthorized in 1994, 1998, and 2004. The Act aims to promote awareness of and access to assistive technology (AT) devices and services for individuals with disabilities.
The Tech Act defines an assistive technology device 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." This includes a range of devices, from low-tech to high-tech solutions such as power and manual wheelchairs, augmentative communication devices, durable medical equipment, and orthotics and prosthetics.
The 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." This includes evaluating an individual's AT needs, purchasing or providing AT devices, coordinating therapies with AT devices, and providing training and technical assistance to individuals with disabilities, their families, and professionals involved in their care.
The Tech Act provides federal funding to each state and territory to support their efforts in improving the provision of assistive technology to individuals with disabilities. Under the law, each state and territory receives a grant to fund an Assistive Technology Act Project (ATAP), which provides services to individuals with disabilities throughout their lives, as well as to their families, guardians, service providers, and agencies involved in education and employment.
The Tech Act has had a significant impact on the lives of individuals with disabilities, enabling them to participate more fully in education, employment, and daily activities. It has also led to the development of state-level programs and services that provide assistance in selecting, acquiring, and reusing assistive technology devices.
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Assistive Technology Act Project (ATAP)
The Assistive Technology Act Project (ATAP) is a project funded by a grant from the US Department of Health and Human Services Administration for Community Living (ACL). Each US state and territory receives a grant to fund an ATAP. These projects provide services to people with disabilities throughout their lives, as well as to their families, 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 facilitates the coordination of state AT programs across the country and provides technical assistance and support to its members. AT Reutilization Activities support the reuse of assistive technology that is no longer needed by its original owner, and State Financing Activities support the purchase/acquisition of AT through financial loans or other initiatives that directly provide AT to consumers at no cost.
The Assistive Technology (AT) Act was reauthorized by Congress as The 21st Century Assistive Technology Act in 2022. 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 AT Act was first passed by Congress and signed by the President as the Technology-Related Assistance Act of 1988. It’s often called the Tech Act for short and has been reauthorized in 1994, 1998, and 2004. The Tech Act is intended to promote people’s awareness of, and access to, assistive technology (AT) devices and services. The Act seeks to provide AT to persons with disabilities, so they can more fully participate in education, employment, and daily activities on a level playing field with other members of their communities.
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The Americans with Disabilities Act (ADA)
The ADA 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 the functional capabilities of individuals with disabilities." This includes "low-tech," "medium-tech," and "high-tech" devices, such as wheelchairs, hearing aids, and screen readers.
The ADA's definition of assistive technology services includes any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device. This can include evaluation, purchasing or leasing, selecting or designing, fitting or customizing, maintaining or repairing, and training or technical assistance for the individual with a disability, their family members or guardians, and professionals involved in their care.
The ADA's impact on assistive technology has been significant. It has increased access to AT devices and services for people with disabilities, enabling them to fully participate in education, employment, and daily activities. The ADA has also raised awareness of the importance of AT and the need for equal access to technology for all. Additionally, the ADA has provided legal protection against discrimination for individuals with disabilities, ensuring their right to access and use AT in various aspects of their lives.
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Section 504
Assistive technology is included in the definition of "supplementary aids and services" and accommodation as defined in both IDEA and 504. Federal legislation has been enacted to enable better access to and provision of assistive technology for individuals with disabilities. Assistive technology was federally defined in 1987 and written into law with the Tech Act of 1988.
The Tech Act is intended to promote people's awareness of and access to assistive technology devices and services. It provides assistive technology to persons with disabilities so they can more fully participate in education, employment, and daily activities. The Act covers people with disabilities of all ages, all types of disabilities, and all environments.
Each federal agency has its own set of Section 504 regulations that apply to its programs. Agencies that provide federal financial assistance also have Section 504 regulations covering entities that receive federal aid. Common requirements include reasonable accommodation for employees with disabilities, program accessibility, effective communication with people with hearing or vision disabilities, and accessible new construction and alterations.
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The Individuals with Disabilities Education Act (IDEA)
Two 1972 federal court cases, Pennsylvania Association for Retarded Citizens (PARC) v. Pennsylvania and Mills v. Board of Education, ended with the decision that schools are required to provide education that fits the needs of students with disabilities. Despite the judicial victory, there was still a lack of a federal standard for special education programming, and enforcement of accessibility requirements, so disabilities advocates pushed for a federal law enshrining education rights.
The IDEA requires all schools and districts receiving federal dollars to provide students with disabilities a public education that is designed to meet their unique needs and prepare them for further education, employment, and independent living. It also requires schools to find and evaluate students suspected of having disabilities, at no cost to parents. This Act ensures that every student with a disability receives a Free, Appropriate Public Education (FAPE) that is tailored to their unique needs.
The 1990 Amendments (Public Law 101-476) renamed the legislation as the Individuals with Disabilities Education Act (IDEA) and added traumatic brain injury (TBI) and autism to the category of disabilities. Other changes in 1990 required that an individual transition plan be created for each student no later than age 16. The transition plan is included as part of the IEP to allow for a coordinated set of activities and interagency linkages to promote the student’s movement to post-school functions, such as independent living, vocational training, and additional educational experiences. In 1991, the IDEA was amended to include the terms "assistive technology device" and "assistive technology service" in education law.
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Frequently asked questions
Assistive technology (AT) is any item, piece of equipment, or product system that is used to increase, maintain, or improve the functional capabilities of individuals with disabilities.
Assistive technology was federally defined in 1987 and written into law with 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 devices and services. The Act covers people with disabilities of all ages and seeks to provide AT to assist them in fully participating in education, employment, and daily activities.
Examples of AT services include:
- Evaluating the AT needs of an individual
- Purchasing, leasing, or providing an AT device
- Selecting, designing, fitting, customising, adapting, applying, maintaining, repairing, or replacing an AT device
- Coordinating and using therapies with AT devices under an educational or rehabilitative plan
- Providing training or technical assistance for individuals with disabilities, their families, guardians, or representatives
There are four major federal laws that discuss access to and funding of assistive technology and the rights of individuals with disabilities. These include:
- The Individuals with Disabilities Education Act (IDEA), first enacted in 1975, which includes provisions for assistive technology devices and services as part of special education
- Section 504, a civil rights law that prohibits discrimination against individuals with disabilities and ensures equal access to education
- The Americans with Disabilities Act (ADA), which guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, and government services
