week 13

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Assistive Technology Laws
by: Family Center on Technology and Disability

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Americans with Disabilities Act (ADA)
Public Law 101-334 [42 USC 12101]

• Prohibits discrimination on the basis of disability in the following areas:
• Employment
• State and Local Government
• Public Accommodations
• Commercial Facilities
• Transportation
• Telecommunications

• Organized by section, or “Title”
• Title I – Employment
• Any employer who has 15 or more employees must offer “equal opportunity” to employment related activities

• Title II – State and Local Governments
• Insists that all people with disabilities must be given equal access to public education, employment, transportation, recreation, health care, and other areas under their control

• Title III – Public Accommodations by Private Companies
• Public accommodations must be made by all private companies, including private schools, restaurants, stores, hotels, doctors’ offices, etc.

• Title IV – Assistive Technology
• All telephone companies must provide the necessary services to allow people who are deaf or hearing impaired to use telecommunication devices.

http://www.usdoj.gov/crt/ada/cguide.htm#anchor62335

http://www.ada.gov

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Individuals with Disabilities
Education Act (IDEA)
Public Law 94-142

Originally passed in 1975 as the Education for All Handicapped Children Act (EHA), which guaranteed that eligible children and youth with disabilities have a free and appropriate public education (FAPE)

Amended many times, most recently in 2004

http://www.ed.gov/policy/speced/guid/idea/idea2004.html

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Section 508 of the Rehabilitation Act
29 USC § 794d

• Requires that all electronic and information technologies that are developed and used by any Federal government agency must be accessible to people with disabilities. These technologies include:
• Websites
• Video and audio tapes
• Electronic books
• Televised programs
• Any other type of media
• Does not apply to the private sector or to organizations that receive Federal funds. (It does, however, apply to materials developed by those organizations for the Federal government and funded by government agencies.)

http://www.section508.gov/index.cfm?FuseAction=Content&ID=12

http://www.ataporg.org/itqa.asp

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Assistive Technology Act of 1998
Public Law 105-394 [29 USC 2201]

• Also known as the “Tech Act”

• Provides funds to states to support three types of programs:

The establishment of assistive technology (AT) demonstration centers, information centers, equipment loan facilities, referral services, and other consumer-oriented programs

Protection and advocacy services to help people with disabilities and their families, as they attempt to access the services for which they are eligible

3. Federal/state programs to provide low

interest loans and other alternative

financing options to help people with

disabilities purchase needed assistive

technology

State Tech Act Projects: http://www.ataporg.org/stateatprojects.asp

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Carl D. Perkins Vocational and Technical Education Act Amendments of 1998
P.L. 105-332 Section 1 (b) [20 USC 2302]

• Defines vocational technical education as organized educational programs offering sequences of courses directly related to preparing individuals for paid or unpaid employment in current or emerging occupations requiring other than a baccalaureate or advanced degree.

• Requires schools to:
• Integrate academic, vocational and technical training
• Increase the use of technology
• Provide professional development opportunities to staff
• Develop and implement evaluations of program quality
• Expand and modernize quality programs
• Link secondary and post-secondary vocational education

• Requires states to:
• Submit an annual report on how special populations, including persons living with disabilities, engaged in vocational education are faring relative to the state’s performance guidelines

http://www4.law.cornell.edu/uscode/html/uscode20/usc_sec_20_00002302----000-.html

http://www.ed.gov/offices/OVAE/CTE/legis.html

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Fair Housing Act Amendments of 1988
Public Law 100-430 [42 USC 3604]

• Addresses non-discrimination issues for potential tenants with disabilities.

• Makes it unlawful to deny housing to a renter/buyer because of a disability that the person may have.

• Mandates that reasonable exceptions to policies be made to accommodate individuals with disabilities.

• Allows tenants to make reasonable access-related modifications to property if necessary.

http://www4.law.cornell.edu/uscode/html/uscode42/usc_sec_42_00003604----000-.html

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The Hearing Aid Compatibility Act of 1988
Public Law 100-394 [47 USC 610 (b)]

Requires that all telephone

equipment manufactured or

imported for use in the United

States after 1989 be compatible

with hearing aids

http://www4.law.cornell.edu/uscode/html/uscode47/usc_sec_47_00000610----000-.html

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The Television Decoder Circuitry Act of 1990, Section 3
Public Law 101-431 [47 USC 303(u)]

All individuals who are deaf or have hearing impairments should have access to information and entertainment via television to the fullest extent possible through technology.

Requires that all new televisions with at least a 13-inch screen have the built-in capacity to display closed-captioned TV transmissions.

http://www4.law.cornell.edu/uscode/html/uscode47/usc_sec_47_00000303----000-.html

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Telecommunications Act of 1996

Title I – Public Law 104-104 [47 USC 255]

• Requires that telecommunications equipment and services be accessible to and usable by individuals with disabilities.
• Telecommunication products covered include:
• Wired and wireless telecommunication devices (telephones, cellular phones, pagers, and fax machines)
• Other products that have a telecommunication service capability such as computers with modems
• Equipment that carriers use to provide services, such as a phone company’s switching equipment

http://www.access-board.gov/about/laws/telecomm.htm

http://www4.law.cornell.edu/uscode/html/uscode47/usc_sec_47_00000255----000-.html

Title II – Public Law 104-104 [47 USC 613]

• Discusses rules concerning closed captions and video descriptions of

video programming

http://www4.law.cornell.edu/uscode/html/uscode47/usc_sec_47_00000613----000-.html

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Federal Government Procurement of Accessible Information Technology
Public Law 105-220 Section 408 [29 USC 794 (d)]

Individuals with disabilities cannot be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service.

http://www4.law.cornell.edu/uscode/ html/uscode29/usc_sec_29_00000794---d000-.html

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Workforce Investment Act of 1998
Public Law 105-220 [29 USC 701]

Defines technology in the vocational rehabilitation process and its use in job planning, acquisition and retention of people with disabilities

http://www4.law.cornell.edu/uscode/html/uscode29/usc_sec_29_00000701----000-.html

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Additional Resources

Family Center on Technology and Disability
http://www.fctd.info

WrightsLaw
http://www.wrightslaw.com

National Disability Rights Network
http://www.napas.org/

A Guide to Disability Rights Law – U.S. Department of Justice
http://www.usdoj.gov/crt/ada/cguide.htm

American Association of People with Disabilities
http://www.aapd-dc.org/

Consortium for Citizens with Disabilities
http://www.c-c-d.org/

Many states have their own Disability-Law or Protection and Advocacy Organization. Links to these sites can be found on the Family Center on Technology and Disability’s Website under Member Organizations.