Federal & Laws Regulations

Individuals with Disabilities Education Act (IDEA)

Devices and services that are now commonly referred to as assistive technology (AT) have been included as part of a free appropriate public education (FAPE) since the initial enactment of federal special education legislation in 1975. However, it wasn’t until the 1991 amendments to Individuals with Disabilities Education Act (IDEA) that the terms "assistive technology device" and "assistive technology service" were first used in education law. The accompanying federal regulations that were adopted in 1992 included provisions that AT devices and services be made available to any child with a disability, if required as a part of the child's special education, related services, or supplementary aids and services ( 34CFR§ 300.105).

With the reauthorization of the IDEA in 1997 and the adoption of new regulations in 1999, school districts were required to consider the need for assistive technology whenever a child’s Individualized Education Plan (IEP) was developed. This has not changed under IDEA 2004 and the 2006 regulations ( 34CFR§ 300.324(a)(2)(v)).

The Infants and Toddlers with Disabilities Program of the IDEA (Part C) also requires the provision of assistive technology for children from birth to three, if deemed appropriate as part of a child’s early intervention program (34CFR§ 303.12(d)(1)).

For further clarification see Federal Definitions of Assistive Technology. See also Policy Letters on Assistive Technology (PDF: 100kb) from the Department of Education, Office of Special Education & Rehabilitative Services, Office of Special Education Programs (OSEP).

The Assistive Technology Act (ATA)

The assistive technology state grant program was started in 1988. Since that time, Congress has passed a series of laws designed to increase access to, availability of, and funding for assistive technology for all individuals with disabilities, including very young children. Full text versions of these laws can be accessed by following the links below:

Rehabilitation Act - Section 504

Section 504 of the Rehabilitation Act prohibits any agency or program that receives federal funds from discriminating against individuals with disabilities. Under this law schools may be required to make special accommodations, including the provision of assistive technology, if deemed appropriate to ensure that students with disabilities have an equal opportunity to participate in the same activities as other students.

Americans with Disabilities Act (ADA)

Additionally, children with disabilities, even those who are not eligible for special education under IDEA may have a right to assistive technology under either Title II or Title III of the Americans with Disabilities Act (ADA) of 1990, which protects the rights of individuals with disabilities of all ages in many different aspects of their lives.

Links on this site are verified monthly. This page content was last reviewed on 02/26/2010.

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Download Adobe Acrobat Reader Contacts Topics Webinars Conferences Presentations Research & Reference eNotes Publications	Federal & Laws Regulations Printer-friendly Page Individuals with Disabilities Education Act (IDEA) Devices and services that are now commonly referred to as assistive technology (AT) have been included as part of a free appropriate public education (FAPE) since the initial enactment of federal special education legislation in 1975. However, it wasn’t until the 1991 amendments to Individuals with Disabilities Education Act (IDEA) that the terms "assistive technology device" and "assistive technology service" were first used in education law. The accompanying federal regulations that were adopted in 1992 included provisions that AT devices and services be made available to any child with a disability, if required as a part of the child's special education, related services, or supplementary aids and services ( 34CFR§ 300.105). With the reauthorization of the IDEA in 1997 and the adoption of new regulations in 1999, school districts were required to consider the need for assistive technology whenever a child’s Individualized Education Plan (IEP) was developed. This has not changed under IDEA 2004 and the 2006 regulations ( 34CFR§ 300.324(a)(2)(v)). The Infants and Toddlers with Disabilities Program of the IDEA (Part C) also requires the provision of assistive technology for children from birth to three, if deemed appropriate as part of a child’s early intervention program (34CFR§ 303.12(d)(1)). For further clarification see Federal Definitions of Assistive Technology. See also Policy Letters on Assistive Technology (PDF: 100kb) from the Department of Education, Office of Special Education & Rehabilitative Services, Office of Special Education Programs (OSEP). The Assistive Technology Act (ATA) The assistive technology state grant program was started in 1988. Since that time, Congress has passed a series of laws designed to increase access to, availability of, and funding for assistive technology for all individuals with disabilities, including very young children. Full text versions of these laws can be accessed by following the links below: Technology-Related Assistance for Individuals with Disabilities Act of 1988, as amended in 1994 Assistive Technology Act of 1998 Assistive Technology Act of 2004 Rehabilitation Act - Section 504 Section 504 of the Rehabilitation Act prohibits any agency or program that receives federal funds from discriminating against individuals with disabilities. Under this law schools may be required to make special accommodations, including the provision of assistive technology, if deemed appropriate to ensure that students with disabilities have an equal opportunity to participate in the same activities as other students. Americans with Disabilities Act (ADA) Additionally, children with disabilities, even those who are not eligible for special education under IDEA may have a right to assistive technology under either Title II or Title III of the Americans with Disabilities Act (ADA) of 1990, which protects the rights of individuals with disabilities of all ages in many different aspects of their lives. Links on this site are verified monthly. This page content was last reviewed on 02/26/2010.
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