Technology Related Assistance to Individuals with Disabilities Act of 1988
The Technology Related Assistance to Individuals with Disabilities Act of 1988
(Tech Act) first described an assistive technology device as
"any item, piece of equipment, or product system, whether acquired commercially
off the shelf, modified, or customized, that is used to increase, maintain,
or improve functional capabilities of individuals with disabilities."
The Tech Act described an assistive technology service as
"any service that directly assists an individual with a disability in selection,
acquisition or use of an assistive technology device."
Individuals with Disabilities Education Act
The Individuals with Disabilities Education Act (IDEA) of 2004 uses essentially
the same definition as the Tech Act, adding an exception that excludes surgically
implanted medical devices. An assistive technology device
is defined as "any item, piece of equipment, or product system, whether acquired
commercially off the shelf, modified, or customized, that is used to increase,
maintain, or improve the functional capabilities of a child with a disability.
The term does not include a medical device that is surgically implanted, or
the replacement of such device." (
34CFR§ 300.5).
An assistive technology service is defined by IDEA 2004 as "any service that directly
assists a child with a disability in the selection, acquisition, or use of an assistive technology
device." (
34CFR§ 300.6). The term includes:
- The evaluation of the needs of a child with a disability, including a functional evaluation of
the child in the child's customary environment;
- Purchasing, leasing, or otherwise providing for the acquisition of assistive technology
devices by children with disabilities;
- Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or
replacing assistive technology devices;
- Coordinating and using other therapies, interventions, or services with assistive technology
devices, such as those associated with existing education and rehabilitation plans and programs;
- Training or technical assistance for a child with a disability or, if appropriate, that child's
family; and
- Training or technical assistance for professionals (including individuals providing education or
rehabilitation services), employers, or other individuals who provide services to, employ, or are
otherwise substantially involved in the major life functions of that child.
[Note: The final regulations on IDEA 2004 also state that "related services" do not include a medical
device that is surgically implanted, the optimization of that device's
functioning (e.g., mapping), maintenance of that device, or the
replacement of that device (
34CFR§ 300.34(b)). A related issue brief on
cochlear implants by the
American Speech-Language-Hearing Association (ASHA) further clarifies this issue. For regulatory language
related to the routine checking of hearing aids and the external
components of surgically implanted medical devices see
34CFR§ 300.113]
Links on this site are verified monthly. This page content was last updated on 04/11/2007.
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