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Individuals with Disabilities Education Act (IDEA) 

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Individuals with Disabilities Education Act (IDEA) 

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Individuals with Disabilities Education Act, or IDEA, ensures people with disabilities receive a fair and appropriate public education. This may involve individualized education program, or IEP, least restrictive environment, or LRE, and an appropriate evaluation to ensure an appropriate education is given, which may include the use of assistive technology, such as communication devices.

This law was originally passed as the All Handicapped Children Act, or EHA, in 1975. It was then changed to Individuals with Disabilities Education Act, or IDEA, in 1990. A reauthorization was given in 2004, with continuously added or revised regulations to ensure the meaning is up-to-date and well understood.

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The Hearing Aid Compatibility Act of 1988

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The Hearing Aid Compatibility Act of 1988

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The Hearing Aid Compatibility Act of 1988, or HAC,  requires essential telecommunication devices or telephones, whether imported or manufactured within the United States, be compatible with hearing aids.

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The Fair Housing Amendments Act of 1988 ensures people with disabilities cannot be discriminated against when applying for housing, and states that it is unlawful to deny housing to someone due to disability. This act also states that landlords must make appropriate accommodations to those with disabilities, such as allowing dogs on the property if it is a service dog.

The Fair Housing Amendments Act of 1988 was an amendment made to Title VIII of the Civil Rights Act of 1968, which specified the unlawful discrimination on the basis of race, color, religion, sex, or national origin in housing.

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The Americans with Disabilities Act, or ADA, was first passed in 1990 as an act to prohibit discrimination against those with disabilities, the original act centering around the workplace.

In 1999, the Supreme Court made a ruling that narrowed down who was protected in the ADA, leading to the ADA Amendments Act. This Amendments Act rules that when it is possible to allow services for those with disabilities, it is required.

The ADA Amendments Act, or ADAAA, was signed into law in 2008. Since the introduction of ADAAA, the term "disability" has broadened drastically.

ADA and ADAAA are both important for the inclusion of assistive technology as it prevents from discrimination due to someone's assistive devices (i.e., allowing people using wheelchairs to use elevators, etc.).

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Why the Americans with Disabilities Act is important

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Telecommunications Act of 1996, Title I and III

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Telecommunications Act of 1996, Title I and III

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The Telecommunications Act of 1996, Title I, requires accessibility and usability of telecommunication equipment and services for those disabled. Title III ensures closed captions are an option for those with hearing impairments.

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Section 508 of the Rehabilitation Act ensures all information and electronic technologies any Federal government agency may use or release will be accessible to individuals with disabilities, such as video or audio, books, televised programs, etc.

The Rehabilitation Act was established in 1973, but Section 508 was not added until 1998 by Congress.

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Section 508 of the Rehabilitation Act - 29 U.S.C. § 798

SECTION 508 - ELECTRONIC AND INFORMATION TECHNOLOGY

(a) Requirements for Federal Departments and Agencies:

(1) Accessibility:

(A) Development, procurement, maintenance, or use of electronic and information technology: When developing, procuring, maintaining, or using electronic and information technology, each Federal department or agency, including the United States Postal Service, shall ensure, unless an undue burden would be imposed on the department or agency, that the electronic and information technology allows, regardless of the type of medium of the technology-

(i) individuals with disabilities who are Federal employees to have access to and use of information and data that is comparable to the access to and use of the information and data by Federal employees who are not individuals with disabilities; and

(ii) individuals with disabilities who are members of the public seeking information or services from a Federal department or agency to have access to and use of information and data that is comparable to the access to and use of the information and data by such members of the public who are not individuals with disabilities.

(B) Alternative means efforts: When development, procurement, maintenance, or use of electronic and information technology that meets the standards published by the Access Board under paragraph (2) would impose an undue burden, the Federal department or agency shall provide individuals with disabilities covered by paragraph (1) with the information and data involved by an alternative means of access that allows the individual to use the information and data.

(2) Electronic and information technology standards:

(A) In general: Not later than 18 months after the date of enactment of the Rehabilitation Act Amendments of 1998, the Architectural and Transportation Barriers Compliance Board (referred to in this section as the `Access Board'), after consultation with the Secretary of Education, the Administrator of General Services, the Secretary of Commerce, the Chairman of the Federal Communications Commission, the Secretary of Defense, and the head of any other Federal department or agency that the Access Board determines to be appropriate, including consultation on relevant research findings, and after consultation with the electronic and information technology industry and appropriate public or nonprofit agencies or organizations, including organizations representing individuals with disabilities, shall issue and publish standards setting forth-

(i) for purposes of this section, a definition of electronic and information technology that is consistent with the definition of information technology specified in section 5002(3) of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401(3)); and

(ii) the technical and functional performance criteria necessary to implement the requirements set forth in paragraph (1).

(B) Review and amendment: The Access Board shall periodically review and, as appropriate, amend the standards required under subparagraph (A) to reflect technological advances or changes in electronic and information technology.

(3)Incorporation of standards: Not later than 6 months after the Access Board publishes the standards required under paragraph (2), the Federal Acquisition Regulatory Council shall revise the Federal Acquisition Regulation and each Federal department or agency shall revise the Federal procurement policies and directives under the control of the department or agency to incorporate those standards. Not later than 6 months after the Access Board revises any standards required under paragraph (2), the Council shall revise the Federal Acquisition Regulation and each appropriate Federal department or agency shall revise the procurement policies and directives, as necessary, to incorporate the revisions.

(4) Acquisition planning: In the event that a Federal department or agency determines that compliance with the standards issued by the Access Board under paragraph (2) relating to procurement imposes an undue burden, the documentation by the department or agency supporting the procurement shall explain why compliance creates an undue burden.

(5) Exemption for national security systems: This section shall not apply to national security systems, as that term is defined in section 5142 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1452).

(6) Construction:

(A) Equipment: In a case in which the Federal Government provides access to the public to information or data through electronic and information technology, nothing in this section shall be construed to require a Federal department or agency-

(i) to make equipment owned by the Federal Government available for access and use by individuals with disabilities covered by paragraph (1) at a location other than that where the electronic and information technology is provided to the public; or

(ii) to purchase equipment for access and use by individuals with disabilities covered by paragraph (1) at a location other than that where the electronic and information technology is provided to the public.

(B) Software and peripheral devices: Except as required to comply with standards issued by the Access Board under paragraph (2), nothing in paragraph (1) requires the installation of specific accessibility-related software or the attachment of a specific accessibility-related peripheral device at a workstation of a Federal employee who is not an individual with a disability.

(b) Technical Assistance: The Administrator of General Services and the Access Board shall provide technical assistance to individuals and Federal departments and agencies concerning the requirements of this section.

(c) Agency Evaluations: Not later than 6 months after the date of enactment of the Rehabilitation Act Amendments of 1998, the head of each Federal department or agency shall evaluate the extent to which the electronic and information technology of the department or agency is accessible to and usable by individuals with disabilities described in subsection (a)(1), compared to the access to and use of the technology by individuals described in such subsection who are not individuals with disabilities, and submit a report containing the evaluation to the Attorney General.

(d) Reports:

(1) Interim report: Not later than 18 months after the date of enactment of the Rehabilitation Act Amendments of 1998, the Attorney General shall prepare and submit to the President a report containing information on and recommendations regarding the extent to which the electronic and information technology of the Federal Government is accessible to and usable by individuals with disabilities described in subsection (a)(1).

(2) Biennial reports: Not later than 3 years after the date of enactment of the Rehabilitation Act Amendments of 1998, and every 2 years thereafter, the Attorney General shall prepare and submit to the President and Congress a report containing information on and recommendations regarding the state of Federal department and agency compliance with the requirements of this section, including actions regarding individual complaints under subsection (f).

(e) Cooperation: Each head of a Federal department or agency (including the Access Board, the Equal Employment Opportunity Commission, and the General Services Administration) shall provide to the Attorney General such information as the Attorney General determines is necessary to conduct the evaluations under subsection (c) and prepare the reports under subsection (d).

(f) Enforcement:

(1) General:

(A) Complaints: Effective 2 years after the date of enactment of the Rehabilitation Act Amendments of 1998, any individual with a disability may file a complaint alleging that a Federal department or agency fails to comply with subsection (a)(1) in providing electronic and information technology.

(B) Application: This subsection shall apply only to electronic and information technology that is procured by a Federal department or agency not less than 2 years after the date of enactment of the Rehabilitation Act Amendments of 1998.

(2) Administrative complaints: Complaints filed under paragraph (1) shall be filed with the Federal department or agency alleged to be in noncompliance. The Federal department or agency receiving the complaint shall apply the complaint procedures established to implement section 504 for resolving allegations of discrimination in a federally conducted program or activity.

(3) Civil actions: The remedies, procedures, and rights set forth in sections 505(a)(2) and 505(b) shall be the remedies, procedures, and rights available to any individual with a disability filing a complaint under paragraph (1).

(g) Application to Other Federal Laws: This section shall not be construed to limit any right, remedy, or procedure otherwise available under any provision of Federal law (including sections 501 through 505) that provides greater or equal protection for the rights of individuals with disabilities than this section.

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Section 508 of the Rehabilitation Act - 29 U.S.C.

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First enacted in 1988 as the "Technology Related Assistance for Individuals with Disabilities Act", this ensures access, availability, and increased funding for assistive technology to individuals with disabilities. In 1994, the Technology Related Assistance for Individuals with Disabilities Act was amended to secure permanency. The act was then extended to expand access in 1998.

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Carl D. Perkins Vocational and Technical Education Amendments Act of 1998

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Carl D. Perkins Vocational and Technical Education Amendments Act of 1998

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The Carl D. Perkins Vocational and Technical Education Amendments Act of 1998 requires schools to train staff and increase use of technology, as well as report annually how individuals with disabilities are interacting with states' performance goals.

This amendment was made in 1998, revising the Carl D. Perkins Vocational and Applied Technology Education Act.

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The No Child Left Behind Act of 2001, or NCLB, was enacted to improve primary and secondary public schools and improve student performance levels. The Act provided additional funding for schools with lower incomes, as well as focus on language programs for English-Language Learners and improving special education programs.

The No Child Left Behind Act of 2001 was a re-authorization of the Elementary and Secondary Education Act of 1965 (ESEA), with the addition of flexibility in spending federal funds for school districts.

As of 2014, 42 states are granted waivers from the No Child Left Behind Act.