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The Elementary and Secondary Education Act

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The Elementary and Secondary Education Act

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The original Elementary and Secondary Education Act was passed in 1965 and has provided overarching guidance for education in the United States (Carpenter et al., 2017). This guidance has not always been directed specifically at assistive technology or even special education. This act has covered a plethora of issues such as poverty, race, language, standardized testing, and more (JAMellott23, 2016). Despite the wide range of issues covered by the act, its periodic reauthorizations have provided key principles which play a role in assistive technology.

Two major reauthorizations of this act include the No Child Left Behind Act in 2002 and the Every Child Succeeds Act in 2015. The major impact of these acts is four key principles: increased accountability for outcomes, increased choices for parents, increased ability for states and localities in allocating federal funding and increased use of best practices based on research. As a result of these principles, the use of assistive technology and research into it has increased. Use of assistive technology allows students to meet outcome expectations, provides increased choice, and follows best practices. Furthermore, states are now allowed more access to funding to pour into assistive technology programs (Carpenter et al., 2017).

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History of the Elementary and Secondary Education Act

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Image of protest for enforcement of Section 504.

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Section 504 of the Rehabilitation Act of 1973

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Section 504 of the Rehabilitation Act of 1973

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Section 504 of the Rehabilitation Act of 1973 was a significant piece of legislation that impacted not only students but all people with disabilities. Section 504 guaranteed access to public buildings to all people, including those with disabilities. Previously, only students had been guaranteed such access but now access was guaranteed for all people with disabilities as well. Furthermore, discrimination based on disability was prohibited by section 504 (Carpenter et al., 2017).

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Multicultural representation of the impact of IDEA.

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Education for All Handicapped Children Act of 1975

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Education for All Handicapped Children Act of 1975

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The Education for All Handicapped Children Act, also known as EHA, is a core foundation of special education and assistive technology law today. Under EHA, all students regardless of disability were guaranteed a free and appropriate public education (FAPE). This means that students cannot be denied education services based on disability. Instead, students with disabilities are to be provided with special education services and technology to provide for the needs present due to their disability. This includes IEPs that cover the specific services and technologies to be provided to these students (Carpenter et al., 2017).

In 1986, EHA was reauthorized to cover services for those younger than school age and their families. This allows families of infants and toddlers with disabilities to receive earlier access to services and assistive technology through Individualized Family Services Plans (IFSP) (Carpenter et al., 2017).

In 1990, EHA was reauthorized as the Individuals with Disabilities Education Act (IDEA). This update is significant for introducing Individual Transition Plans in which assistive technology must be considered as well as the addition of traumatic brain injury and autism as disability categories, opening up the pathway for more students to be deemed eligible for services and assistive technology (Carpenter et al., 2017).

In 1997, IDEA was reauthorized with emphasis placed on Positive Behavioral Intervention Supports as well as including students with disabilities in standardized testing as well as general education activities. The result was the increased use of assistive technology in order for students with disabilities to meet new standards and be included. Educators also began to seek further guidance and understanding of assistive technology (Carpenter et al., 2017).

Most recently, IDEA was reauthorized as the Individuals with Disabilities Education Improvement Act in 2004. Major reforms of this act include editing the definition of assistive technology to exclude surgically implanted devices such as cochlear implants and the introduction of Universal Design for Learning (UDL). UDL is a concept that technologies and services should be accessible and usable to most people possible both with and without the use of assistive technology. The law states that testing should then align with the philosophy of UDL as much as possible. Furthermore, IEP teams are required to consider both assistive technology and UDL (Carpenter et al., 2017).

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The Technology-Related Assistance for Individuals with Disabilities Act of 1988

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The Technology-Related Assistance for Individuals with Disabilities Act of 1988

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The Technology-Related Assistance for Individuals with Disabilities Act, also known as the Tech Act, is a historic law in regards to assistive technology. Passed in 1988, the Tech Act began funding for increasing information and training regarding assistive technology. The Tech Act also provided two terms related to assistive technology: assistive technology services and assistive technology devices. AT services are defined as those which help in the delivery and usage of assistive technology by people with disabilities and AT devices are those devices used to help individuals with disabilities with their functional skills and capabilities regardless of how the device was acquired. States received funding to develop programs in AT for individuals with disabilities. This act was amended in 1994 but largely remained the same (Carpenter et al., 2017).

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A man with visual impairment accessing a computer. 

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The Rehabilitation Act of 1973 was amended in 1998 to include Section 508. The addition of this section ensured that electronic and information technology used by federal employees and the public will provide the same level of data and accessibility to those with disabilities as those without disabilities. Section 508 ensures that technology such as websites or computer documents are accessible in an equal manner between those with and without disability (U.S. General Services Administration, n.d.).

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Man with visual impairment accessing a computer

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The Americans with Disabilities Act (ADA) became law under the administration of President George H.W. Bush in 1990. This law protected all people with disabilities from discrimination in employment, transportation, accommodations, education, and communication. While not directly concerned with assistive technology, this law is concerned with providing reasonable access to individuals with disabilities. For example, buildings such as schools or courthouses are required to have accommodations such as ramps to allow individuals with disabilities access to these facilities. Using a wheelchair on a ramp in an example of assistive technology that allows an individual to access their environment. The ADA was amended in 2008 to broaden the groups covered by the act but largely kept the same intent (Carpenter et al., 2017).

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Carl D. Perkins Career and Technical Education Act 2006

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Carl D. Perkins Vocational and Technical Education Act of 1998

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Carl D. Perkins Vocational and Technical Education Act of 1998

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The Carl D. Perkins Vocational and Technical Education Act, better known as the Perkins Act, was first created in 1984. The reauthorization of the Perkins Act in 1998 provided students with disabilities access to career and technical education and also secured funding for new equipment and technologies to assist these students (Carpenter et al., 2017). The act was additionally reauthorized in 2006 and 2018 to continue providing funding for these programs (U.S. Department of Education, n.d.).

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Carl D  Perkins Career and Technical Educaiton Act 2006

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The Assistive Technology Act was originally passed in 1998 as a replacement for the Tech Act previously discussed. The initial passing of this act provided grants for the the acquisition and implementation of assistive technology systems as well as   maintenance of programs involving technology-related assistance. This act also provided guidance in seeking research for assistive technology using Universal Design for Learning. (Carpenter et al., 2017).

In 2004, the Assistive Technology Act was reauthorized. This reauthorization changed the focus on the act to providing assistive technology directly to individuals with disabilities. This was largely effected by the changing the ways that states could use grants, increasing accountability for how grants were used, and increasing accountability for the effectiveness of the programs using the funding (Carpenter et al., 2017).

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Twenty-First Century Communications and Video Accessibility Act of 2010

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Twenty-First Century Communications and Video Accessibility Act of 2010

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The Twenty-First Century Communications and Video Accessibility Act (CCVA) was signed by President Obama in 2010. The CCVA guarantees that electronic forms of communication including texting, emails, video communication, and similar forms of electronic communication be accessible to individuals with disabilities. This law is especially pertinent now due to the increase in electronic and remote work and learning due to COVID-19 (Consumer and Governmental Affairs, 2021).