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The Individuals with Disabilities Act of 2004 reauthorized the IDEA of 1997. It governs the education of students with disabilities in school settings from grades P- 12. (Dell et al., 2017).

This law includes the definition of AT devices and services, which includes evaluating the child for AT, purchasing, leasing and customizing these devices for the child's specific needs, repairing it, teaching the child and parents to use it (Dell et al., 2017).

Including the definition of AT services is important because it clarifies that simply providing the device without providing these supports is not enough and creates a barrier. (Dell et al., 2017)

This law includes an exception to AT devices: it does not include medical devices that are surgically implanted or replacement of such devices, for example, cochlear implants and feeding tubes. (Dell et al., 2017).

IDEA 2004 also requires that a student’s individual education plan, or IEP, must be re-evaluated every year. The IEP must also include “appropriate measurable postsecondary goals" as well as transition services (including courses of study) needed to assist the child in reaching these goals. (Dell et al., 2017).

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https://ies.ed.gov/ncser/pdf/pl108-446.pdf

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This law continues to have a lasting impact on students like Sady because it emphasizes the importance of providing AT services in addition to AT devices. This ensures that students with special education needs will actually benefit from the technology that is provided to them. IDEA requires schools to consider each student with an IEP for AT devices and services, and requires the school to provide them to students with disabilities who needs these devices/services in order to receive FAPE. (TATN, 2004)

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Image retrieved from https://www.slideshare.net/jessicad0928/assistive-technology-at-49298922

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Barriers Some Schools Experience in Implementing this Law:

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Barriers Some Schools Experience in Implementing this Law:

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As with students who are eligible for special education services under Section 504 of the Rehabilitation Act of 1973, the mandates of IDEA 2004 are difficult to comply with if there is no adequate funding for these services. Even though Part B of IDEA authorizes Congress to contribute up to 40% of the average per pupil expenditure, most states receive less than half (NEA, n.d.).

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Suggestions for Future Legislation to Improve Access to a Free and Appropriate Public Education (FAPE) for students with disabilties: 

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Suggestions for Future Legislation to Improve Access to a Free and Appropriate Public Education (FAPE) for students with disabilties: 

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Schools would find it easier to comply with FAPE (specifically with respect to providing AT devices and services) if additional federal funds were available.
When Congress passed IDEA, it promised the federal government would pay 40 percent of special education costs, however the federal share currently covers less than 14 percent (NEA, n.d.).
Additional legislation that guaranteed the federal funding for these programs and services already mentioned in Part B of the IDEA would help schools overcome this barrier. For example, the NEA (n.d.) supports proposed legislation in the form of the IDEA Full Funding Act (S. 866/H.R. 1878)

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Dell, A., Newton, D.,  & Petroff, J. (2017). Assistive technology in the classroom: Enhancing the school experiences of students with disabilities. (3rd ed.). Pearson.

National Education Association (NEA). (n.d.) Education Votes. IDEA Special Education. https://educationvotes.nea.org/issue/idea-special-education/

Texas Assistive Technology Network (2004). Providing assistive technology: A legal perspective. Guide to Assistive Technology Legal Issues. Assistive Technology in Texas Schools Series.  https://www.texasat.net/Assets/legalperspguides.pdf

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In 1990, the Education for All Handicapped Children Act of 1975 was amended and renamed the Individuals with Disabilities Education Act of 1990.

The definitions from the Technology Act were added to this law. (TATN, 2004).

Traumatic brain injury and autism were added as new disability categories.

The law also mandated that by the age of 16 an individual transition plan (ITP) must be developed and become part of a student’s IEP to help the student transition to post-secondary life.

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https://www.govinfo.gov/content/pkg/STATUTE-104/pdf/STATUTE-104-Pg1103.pdf#page=49

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Image retrieved from https://www.slideshare.net/Aprilmoe82/history-of-special-education-april-wellswk1

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The introduction of a transition plan continues to be very important for students with special needs today. Assisted technology devices and services that provided students access to education or that helped them succeed in school can be relevant for post secondary school education and/or in the workplace as well.

Sady and other students with disabilities are able use assistive technology to attend and graduate from college and can be helpful (or even essential) in their chosen career. Providing AT in public schools and helping students develop a transition plan gives these students additional educational and career opportunities in the future.

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Barriers Some Schools Experience in Implementing this Law:

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Barriers Some Schools Experience in Implementing this Law:

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Problems for schools in implementing this law included the cost of technology, particularly of high tech devices and services needed by students with severe needs. Another problem was developing appropriate transition plans for students and fostering relationships in the community to create job and training opportunities. Without these relationships in place, it was difficult to follow through on a meaningful and functional transition plan.

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Suggestions for Future Legislation to Improve Access to a Free and Appropriate Public Education (FAPE) for students with disabilities: 

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Suggestions for Future Legislation to Improve Access to a Free and Appropriate Public Education (FAPE) for students with disabilities: 

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Given that the definition of Assistive Technology and Assistive Technology Service was not clearly defined, a future law (IDEA 1997) became necessary. This law would also require schools to consider a much larger number of students with special needs for AT.

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Dell, A., Newton, D.,  & Petroff, J. (2017). Assistive technology in the classroom: Enhancing the school experiences of students with disabilities. (3rd ed.). Pearson.

Texas Assistive Technology Network (2004). Providing assistive technology: A legal perspective. Guide to Assistive Technology Legal Issues. Assistive Technology in Texas Schools Series.  https://www.texasat.net/Assets/legalperspguides.pdf

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The Americans with Disabilities Act set the stage for AT to be made available for students with disabilities by making it illegal to discriminate against individuals with disabilities. This includes public places such as educational institutions (Dell et al., 2017).

This law is very important for postsecondary school students who aren't covered by IDEA. AT is implied in the ADA phrase "auxiliary aids and services" that have to be provided in order to make sure that programs are accessible to all students. (Dell et al., 2017; TATN, 2004).

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http://library.clerk.house.gov/reference-files/PPL_101_336_AmericansWithDisabilities.pdf

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Image retrieved from https://www.primeview.com/blog/ada-compliance-a-primer-and-its-importance/

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This law continues to impact students with disabilities in education today. College students and graduates (like Sady) who are no longer covered under IDEA can take advantage of this law if they experience barriers to accessing information technology during their course of study.

Access to institutions of higher education include issues related to accessing facilities, programs and employment. Assistive technology and services can help eliminate barriers experienced by students with special education needs in all of these areas.

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Barriers Some Schools Experience in Implementing this Law:

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Barriers Some Schools Experience in Implementing this Law:

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One example of a barrier a school might experience is making sure that their campus, facilities and website are all ADA compliant (Apptegy, 2020). Schools may require elevators, doors that are wide enough for students and teachers in wheelchairs to enter, ramps, etc. and training on how to make the website ADA compliant.

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Suggestions for Future Legislation to Improve Access to a Free and Appropriate Public Education (FAPE) for students with disabilties: 

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Suggestions for Future Legislation to Improve Access to a Free and Appropriate Public Education (FAPE) for students with disabilties: 

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Future legislation could provide a process in which specific definitions and guidelines for schools were updated regularly so that schools could ensure that they were not accidentally out of compliance with ADA and so that the expectations and legal mandates were clear for school districts.

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Apptegy. (2020). The no fear guide to K-12 ADA compliance for school websites. https://www.apptegy.com/guides/ada-school-website-compliance/

Dell, A., Newton, D.,  & Petroff, J. (2017). Assistive technology in the classroom: Enhancing the school experiences of students with disabilities. (3rd ed.). Pearson.

Texas Assistive Technology Network (2004). Providing assistive technology: A legal perspective. Guide to Assistive Technology Legal Issues. Assistive Technology in Texas Schools Series.  https://www.texasat.net/Assets/legalperspguides.pdf

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Also known as the "Tech Act," this law was the first in which Congress guaranteed that AT devices and services would be made available for Americans with disabilities (TATN, 2004).

This law was the first to define the terms "assistive technology device" and "assistive technology service" (TATN, 2004).

It laid the groundwork for sections of IDEA 1990 and 1997, which included the definitions of "assistive technology device" and "assistive technology service" and laid out how they applied specifically to children with disabilities in the public schools. (TATN, 2004).

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https://www.govinfo.gov/content/pkg/STATUTE-102/pdf/STATUTE-102-Pg1044.pdf

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Image retrieved from https://www.octalsoftware.com/blog/importance-of-assistive-technologies-in-healthcare-industry

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The Tech Act continues to impact individuals like Sady today in many different ways. By defining assistive technology device and assistive technology services, this law is broad enough to include almost any type of device or service that could support the educational needs of a student with a disability.

Low tech and high tech devices are all options that educators can consider when they are looking for ways to meet the educational needs of their students. (TATN, 2004). This allows students and teachers an incredible level of flexibility and provides ways for students with special needs to express themselves more creatively both inside and outside of the classroom, in college and in their careers, as we saw in the video about Sady.

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Barriers Some Schools Experience in Implementing this Law:

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Barriers Some Schools Experience in Implementing this Law:

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One barrier to implementing this law would have been the need to educate school administrators and teachers about the various technological tools and services that are available so that they could consider them for eligible students. Teachers can only recommend AT devices and services if they have received training and are aware of them. Likewise, even if a child qualified for a particular device or service, if their teacher did not know how to use it effectively or repair it, the students would not receive any benefit from this AT device or service. Typically, a smaller range of students with severe disabilities were considered for AT devices and services because it was not required for every student with an IEP to be considered for AT.

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Suggestions for Future Legislation to Improve Access to a Free and Appropriate Public Education (FAPE) for students with disabilties: 

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Suggestions for Future Legislation to Improve Access to a Free and Appropriate Public Education (FAPE) for students with disabilties: 

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More specific information regarding training of educators and considering a broader range of students to see if they would benefit from Assistive Technology services and/or devices would improve FAPE for students with disabilities, and indeed, these issues were considered and implemented in future legislation, in particular in IDEA 1997.

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Texas Assistive Technology Network (2004). Providing assistive technology: A legal perspective. Guide to Assistive Technology Legal Issues. Assistive Technology in Texas Schools Series.  https://www.texasat.net/Assets/legalperspguides.pdf

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Section 504 of the Rehabilitation Act of 1973 helped set the stage for assistive technology to be made available for students with disabilities in public schools.

This section of the law prohibits discrimination against any qualified individual with a disability in a program receiving federal financial assistance. Because public schools receive federal funding, they are subject to these requirements. (Dell et al., 2017)

Although Section 504 does not define AT devices or services, it guarantees a "free and appropriate public education" (FAPE) and references "special education and related services" and "supplementary aids and services" which could include assistive technology.
(Texas Assistive Technology Network, 2004).

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https://uscode.house.gov/statutes/pl/93/112.pdf
(Section 504 is at the very end.)

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Image retrieved from https://megglassassociates.com/

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Section 504 of the Rehabilitation Act of 1973 continues to be instrumental in providing assistive technology for children with disabilities in public schools.

Individuals like Sady continue to benefit from this law today because Section 504 applies to a very broad range of students. It is not limited to the 13 categories of students who are eligible for special education services under IDEA 2004 (Dell et al., 2017).

Under Section 504, students with disabilities that are not included in those 13 categories are entitled to educational accommodations (which may include assistive technology and services) if their condition impacts their education. (Dell et al., 2017).

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Barriers Some Schools Experience in Implementing this Law: 

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Barriers Some Schools Experience in Implementing this Law: 

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In order to remain in compliance with this law, schools must have the resources to identify them and to accommodate their needs.

Schools may struggle to accommodate students with 504 plans if their funds are limited (assistive technology is often expensive) especially if special educators' caseloads are large, and if there are many other students with special needs, including those with IEPs.

Another problem for schools after this law was passed was litigation. Parents could take their disputes straight to the judiciary if they disagreed with a school's decision's about their child's education. This caused a financial burden for schools.

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Suggestions for Future Legislation to Improve Access to a Free and Appropriate Public Education (FAPE) for students with disabilties: 

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Suggestions for Future Legislation to Improve Access to a Free and Appropriate Public Education (FAPE) for students with disabilties: 

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Legislation that provides additional federal funding to meet the needs of students who are eligible for a special education and related services under section 504 could help address this need. Even though the number of students who are eligible for a special education is rising, federal funding has not increased, and states and local school districts must try to come up with the funds (Understanding Special Education.com, 2019).

The problem of increased litigation by parents was addressed in the next law (see the next column). The Education for All Handicapped Children Act of 1975 helped to alleviate the additional financial burden on schools by creating a mandatory dispute resolution process before parents could pursue additional legal action against a school or district.

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Dell, A., Newton, D.,  & Petroff, J. (2017). Assistive technology in the classroom: Enhancing the school experiences of students with disabilities. (3rd ed.). Pearson.

Texas Assistive Technology Network (2004). Providing assistive technology: A legal perspective. Guide to Assistive Technology Legal Issues. Assistive Technology in Texas Schools Series.  https://www.texasat.net/Assets/legalperspguides.pdf

UnderstandingSpecialEducation.
com. (2019). Understanding Special Education Funding. https://www.understandingspecialeducation.com/special-education-funding.html

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IDEA 1997 changed the role of assistive technology in education. IDEA before 1997 only referred to AT in terms of how it related to supplementary aids and services. So, prior to this law, AT was typically only provided to students with severe disabilities. (Dell et al., 2017)

This law both clearly defined AT (based on the definition in the Tech Act and the previous IDEA 1990) and mandated AT consideration for ALL students receiving special education services. (TATN, 2004).

Every IEP development process now had to consider whether AT was appropriate for each child. This broadened the range of students and the categories of disabilities that qualified for AT devices and services. (Dell et al., 2017).

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https://ectacenter.org/~pdfs/idea/pl105-17.pdf

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President Clinton at IDEA Signing (1997)

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Students with disabilities continue to benefit from this law today because the IEP development process continues to require that AT consideration must occur for each student with an IEP. As new technology is developed, many more students can receive various kinds of educational support and can acces s the curriculum in ways that were not possible when this law was passed.

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Barriers Some Schools Experience in Implementing this Law: 

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Barriers Some Schools Experience in Implementing this Law: 

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Although considering every student with an IEP for AT devices and services was obviously an important addition to the law, this meant that the development of IEPs became more involved and lengthy. Additional students qualifying for these services raised costs for school districts, and school districts who could not demonstrate that they had consider AT for all students during the IEP development process opened themselves up to law suits for not providing FAPE.

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Suggestions for Future Legislation to Improve Access to a Free and Appropriate Public Education (FAPE) for students with disabilties: 

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Suggestions for Future Legislation to Improve Access to a Free and Appropriate Public Education (FAPE) for students with disabilties: 

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Students with IEPs are guaranteed to be considered for AT, but what about students with 504 plan? Future legislation could consider a expanding the consideration of AT for all students, whether they have an IEP or receive accommodations through a 504 Plan, or even if they have neither. Additional legislation that specifically refers to Universal Design for Learning (UDL) would also be a way to improve access to FAPE for students with special needs.

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This law guaranteed a free appropriate public education (FAPE) for all children with a disability, ensured due process rights, mandated education in the least restrictive environment (LRE) and required that students receiving special education services have an individual education plan (IEP).

Implicitly, the law included efforts to improve how children with disabilities were identified and educated, evaluate the success of these efforts, and provided due process protections for children and families.

The law authorized financial incentives for states and local districts to comply with it.

This law set the stage for providing assistive technology and services because those would be included under special education and related services.

The provision that disabled students should be placed in the least restrictive environment (LRE) is relevant because  assistive technology makes it possible for many more students to be educated in the LRE, often in the general education classroom.

The law also created a mandatory dispute resolution process before parents could pursue legal action against schools.

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https://uscode.house.gov/statutes/pl/94/142.pdf

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One of the most important parts of this law that continues to affect students with special needs today, including Sady, is the mandate to place students in the Least Restricted Environment. Assistive technology and services makes it possible for a much broader range of students with disabilities to be included in a general education classroom with their peers. Students who are deaf or hard of hearing, cannot speak without AAC devices, etc. all benefit from AT that helps them participate in more inclusive classroom settings.

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Barriers Some Schools Experience in Implementing this Law:

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Barriers Some Schools Experience in Implementing this Law:

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This law did not spell out exactly what the law meant by FAPE, so school districts and parents had to go to court in order to determine what exactly the schools were responsible for in terms of providing it when they disagreed.

This law also did not include specific guidelines for the use of grant money by states, even though it was supposed to encourage states to set up programs to develop educational resources and staff training to educate students with disabilities. In other words, funding continued to be an issue and a potential barrier for school districts.

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Suggestions for Future Legislation to Improve Access to a Free and Appropriate Public Education (FAPE) for students with disabilties: 

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Suggestions for Future Legislation to Improve Access to a Free and Appropriate Public Education (FAPE) for students with disabilties: 

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This law introduced many terms that would continue to be included in future special education laws, such as LRE and IEP and guaranteed due process. States now had an obligation to identify students with disabilities, consider the LRE and hold IEP meetings.

However, the legal standard for FAPE had not yet been established. Future legislation was required to determine exactly what school districts were responsible for providing when it came to providing a special education. It was not until the THE HENDRICK HUDSON CENTRAL SCHOOL DISTRICT BD. OF ED., WESTCHESTER COUNTY v. AMY ROWLEY case in 1982 that it was determined that school districts were required to offer a "basic floor of opportunity" to students with special needs that included programs that were "reasonably calculated to provide educational benefit"
(cited by Cornell Law School Legal Information Institute, n.d.)

Additional support for post secondary students could be considered in terms of access to information technology.
The Rehabilitation Act was amended to include Section 508 in 1998. Section 508 of the ADA guarantees that individuals with disabilities have access to information technology. It helps eliminate barriers to accessing information technology. (Dell et al., 2017).

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Cornell Law School. Legal Information Institute. (n.d.).

BOARD OF EDUCATION OF the HENDRICK HUDSON CENTRAL SCHOOL DISTRICT BD. OF ED., WESTCHESTER COUNTY, et al., Petitioners v. Amy ROWLEY, by her parents and natural guardians, Clifford and Nancy Rowley etc.

https://www.law.cornell.edu/supremecourt/text/458/176

Dell, A., Newton, D.,  & Petroff, J. (2017). Assistive technology in the classroom: Enhancing the school experiences of students with disabilities. (3rd ed.). Pearson.

Texas Assistive Technology Network (2004). Providing assistive technology: A legal perspective. Guide to Assistive Technology Legal Issues. Assistive Technology in Texas Schools Series.  https://www.texasat.net/Assets/legalperspguides.pdf

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Dell, A., Newton, D.,  & Petroff, J. (2017). Assistive technology in the classroom: Enhancing the school experiences of students with disabilities. (3rd ed.). Pearson.

Texas Assistive Technology Network (2004). Providing assistive technology: A legal perspective. Guide to Assistive Technology Legal Issues. Assistive Technology in Texas Schools Series.  https://www.texasat.net/Assets/legalperspguides.pdf