Laws Governing Assistive Technology in Education#
The movement for disability rights and legislation guaranteeing persons with disabilities rights emerged during the same time as the civil right movement. This section will provide a historical overview of legislation impacting assistive technology in educational settings.
Civil Rights Legislation#
The Rehabilitation Act of 1973#
The Rehabilitation Act of 1973 is a federal law that prohibits discrimination against individuals with disabilities in programs and activities that receive federal funding. Section 504 of the Rehabilitation Act is a specific provision that prohibits discrimination against individuals with disabilities in any program or activity receiving federal financial assistance. This includes educational institutions, such as schools and universities.
In the context of assistive technology (AT), Section 504 requires schools and other educational institutions to provide necessary accommodations and modifications to ensure that students with disabilities have equal access to educational opportunities. This includes the provision of AT devices and services as needed to support the education of students with disabilities. Schools must also ensure that students with disabilities have access to the same educational programs and activities as their non-disabled peers, and that they are not discriminated against on the basis of their disability.
Section 504 accommodations require proof of medical necessity and are updated each academic school year. This accommodation is applied by students who do qualify for special education services under IDEA.
To learn more about Section 504: Section 504 of the Rehabilitation Act of 1973: What You Need to Know
Individuals with Disabilities Education Act#
The Education for All Handicapped Children Act (EHA), passed in 1975 was later renamed the Individuals with Disabilities Education Act (IDEA). This law required schools to provide a “free and appropriate public education” (FAPE) to children with disabilities, including the provision of necessary special education and related services, such as AT.
In 2004, the Individuals with Disabilities Education Act (IDEA) was reauthorized, with additional emphasis on the use of AEM to support the education of students with disabilities. The reauthorization included a requirement for schools to provide AEM to students with print disabilities in a timely manner, as part of their special education and related services. This requirement is known as the National Instructional Materials Accessibility Standard (NIMAS).
Student’s found eligible for special education services under IDEA may qualify for assistive technology as part of a student’s Individualized Education Plan. AT needs to be considered during each annual review.
To learn more about IDEA: What is the Individuals with Disabilities Education Act (IDEA)?
Tech Act of 1988#
The Technology-Related Assistance for Individuals with Disabilities Act (Tech Act) was passed. This law provided funding for states to establish and operate programs that provided AT services to individuals with disabilities, including those in education settings. This law reauthorized in 2004 is now called AT Act.
To learn more about the AT Act: Assistive Technology Act Information
To locate your state’s AT Act Provider: Directory of State AT Programs
Americans with Disabilities Act of 1990#
The Americans with Disabilities Act (ADA) was passed. This law prohibited discrimination against individuals with disabilities in all aspects of life, including education. The ADA required schools to provide reasonable accommodations and modifications to ensure that students with disabilities had equal access to educational opportunities, including the use of AT. This law governs reasonable accommodations and accessibility measures at the post- secondary level.
To learn more about the ADA: What is the Americans with Disabilities Act (ADA)?
Chafee Amendment of 2002#
The Chafee amendment, also known as the Technology, Education, and Copyright Harmonization (TEACH) Act, was passed in 2002 as an amendment to the Copyright Act. The Chafee amendment allows for the creation and dissemination of accessible versions of copyrighted materials for individuals with disabilities, without the need to obtain permission from the copyright holder. This includes the creation of accessible educational materials (AEM) for students with disabilities.
In 2010, the U.S. Department of Education issued regulations implementing the NIMAS requirement, which requires publishers to provide electronic files of their textbooks and related materials in a standardized format that can be easily converted into accessible formats, such as Braille, large print, and audio.
Every Student Succeeds Act (ESSA) of 2015#
In 2015, the Every Student Succeeds Act (ESSA) was passed, which included additional provisions related to AEM. ESSA requires states to develop and implement a plan for providing AEM to students with disabilities who need them, and to ensure that AEM is provided in a timely manner. ESSA also requires states to provide professional development and technical assistance to educators on the use and creation of AEM.
Universal Design for Learning (UDL), included in ESSA, is a framework for designing instruction that provides all students with equal opportunities to learn and succeed.
Under ESSA, states are required to develop and implement comprehensive plans for improving student achievement and ensuring that all students have access to high-quality education. These plans must include strategies for supporting the learning needs of all students, including those with disabilities and English language learners.
UDL is specifically mentioned as a strategy that states can use to support the learning needs of all students. ESSA encourages states to incorporate UDL principles into their planning and implementation of educational programs and services, including professional development for educators.
ESSA also includes provisions related to the use of technology to support learning, which is a key component of UDL. The law encourages the use of technology to personalize and enhance learning experiences for all students, including those with disabilities and English language learners.
Privacy Legislation#
HIPAA, COPPA, and FERPA are three federal laws that protect the privacy of student information in different contexts. Here is a summary of each law:
Health Insurance Portability and Accountability Act (HIPAA)#
HIPAA is a federal law that protects the privacy of personal health information. It applies to healthcare providers, health plans, and healthcare clearinghouses. In the context of education, HIPAA may apply to schools that provide healthcare services to students, such as school-based health clinics. Schools that are covered entities under HIPAA must comply with the law’s privacy and security requirements, which include obtaining written consent before sharing a student’s health information and implementing safeguards to protect the confidentiality of health information.
To learn more about HIPPA: HIPAA for Consumers
Children’s Online Privacy Protection Act (COPPA)#
COPPA is a federal law that regulates the collection and use of personal information from children under the age of 13 by websites and online services. In the context of education, COPPA may apply to educational websites or apps that collect personal information from students. Schools and teachers are generally exempt from COPPA if they are using educational websites or apps for educational purposes and not for commercial purposes. However, schools and teachers must obtain parental consent before using educational websites or apps that collect personal information from students.
This law needs to be kept in mind when exploring assistive technology software supports for students.
Family Educational Rights and Privacy Act (FERPA)#
FERPA is a federal law that protects the privacy of student education records. It applies to all schools that receive federal funding, including public schools and many private schools. FERPA gives parents and eligible students (students who are 18 years of age or older or who attend a post secondary institution) the right to access and control their education records, including the right to request that their records be amended or corrected. FERPA also requires schools to obtain written consent before disclosing personally identifiable information from a student’s education record, with certain exceptions.
This law limits a post secondary school’s ability to share student information around disability accommodations with parents. This poses a barrier for students in having to self advocate for accommodations without the prior support from their families.
To learn more about FERPA: US Department of Education- Protecting Student Privacy
Funding Sources#
Medicaid#
Medicaid is a federal and state-funded program that provides healthcare coverage to eligible individuals with low incomes and disabilities. Medicaid coverage of assistive technology (AT) varies by state and depends on the specific needs of the individual.
In general, Medicaid may cover the cost of AT devices and services if they are deemed medically necessary and if they help the individual achieve or maintain functional independence. Examples of AT devices and services that may be covered by Medicaid include:
Mobility aids, such as wheelchairs, walkers, and crutches.
Communication devices, such as speech-generating devices and hearing aids.
Home modifications, such as ramps and grab bars.
Adaptive equipment for activities of daily living, such as eating, dressing, and grooming.
To qualify for Medicaid coverage of AT, individuals must meet certain eligibility requirements, including income and disability criteria. Medicaid coverage of AT is typically provided through a state’s Medicaid program, which may have its own specific guidelines and procedures for determining coverage.
Private Insurance#
Private insurance coverage for assistive technology (AT) varies by insurance plan and depends on the specific needs of the individual. In general, private insurance may cover the cost of AT devices and services if they are deemed medically necessary and if they help the individual achieve or maintain functional independence.
To qualify for private insurance coverage of AT, individuals must meet certain eligibility requirements, including medical necessity criteria and coverage limitations. Private insurance coverage of AT is typically provided through an insurance plan, which may have its own specific guidelines and procedures for determining coverage.
It is important to note that private insurance coverage of AT may be subject to deductibles, co-pays, and other out-of-pocket expenses. Individuals with private insurance should review their plan’s coverage and speak with their healthcare provider to determine if AT devices and services are covered and what their out-of-pocket costs may be.