Pros and Cons Assistive Technology with Major Legislative Initiatives

Rehabilitation Act of 1973 (Amended)

The Rehabilitation Act of 1973 was the first major legislative effort to secure an equal playing field for individuals with disabilities. This legislation provides a wide range of services for persons with physical and cognitive disabilities. Those disabilities can create significant barriers to full and continued employment, the pursuit of independent living, self-determination, and inclusion in American society. The Rehabilitation Act has been amended twice since its inception, once in 1993 and again in 1998. The Rehabilitation Services Administration (RSA) administers the Act. Two sections within the Rehabilitation Act, as amended, have impact on accessible web design. These are Sections 504 and 508. Section 508 of the act, as now amended, provides for us a blueprint of just what is intended in Section 504. Thus, Section 504 provides the context of the law and Section 508 provides the direction.

 Americans with Disabilities Act (ADA) of 1990

Following is the current text of the Americans with Disabilities Act of 1990 [ADA], including changes made by the ADA Amendments Act of 2008 (P.L. 110-325), which became effective on January 1, 2009. The ADA was originally enacted in public law format and later rearranged and published in the United States Code. The United States Code is divided into titles and chapters that classify laws according to their subject matter. Titles I, II, III, and V of the original law are codified in Title 42, chapter 126, of the United States Code beginning at section 12101. Title IV of the original law is codified in Title 47, chapter 5, of the United States Code. Since this codification resulted in changes in the numbering system, the Table of Contents provides the section numbers of the ADA as originally enacted in brackets after the codified section numbers and headings.

Individuals with Disabilities Education Act Amendments of 1997

The Individuals with Disabilities Education Act, established in law in 1975, retains the basic rights and protections for children with disabilities. In 1997, President Clinton signed amendments to the Act that focus on improving the education of children with disabilities by:

• Identifying children with special needs before they enter school and providing services to help them,
• Developing individualized education programs (IEPs) that focus on improving educational results through the general curriculum,
• Educating children with disabilities with their nondisabled peers,
• Setting higher expectations for students who are disabled and ensuring schools are held accountable,
• Strengthening the role of parents and fostering partnerships between parents and schools,
• Reducing unnecessary paperwork and other burdens

Individuals with Disabilities Education Act Amendments of 2004

The Individuals with Disabilities Education Act (IDEA) is a law ensuring services to children with disabilities throughout the nation. IDEA governs how states and public agencies provide early intervention, special education and related services to more than 6.5 million eligible infants, toddlers, children and youth with disabilities. The Individuals with Disabilities Education Act (IDEA) is the federal law that secures special education services for children with disabilities from the time they are born until they graduate from high school. The law was reauthorized by Congress in 2004, prompting a series of changes in the way special education services are implemented. These changes are continuing today and they affect the delivery of special education and related services in your state. The IDEA Partnership can help you keep up with the changes and possibly influence future decisions.

 
Developmental Disabilities Assistance and Bill of Rights Act

The purpose of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (the DD Act) is to assure that individuals with developmental disabilities and their families participate in the design of, and have access to, needed community services, individualized supports, and other forms of assistance that promote self-determination, independence, productivity, and integration and inclusion in all facets of community life, through culturally competent programs authorized under the law.

Medicaid

Medicaid is a state/federal program that pays for medical and long-term care services for low-income pregnant women, children, certain people on Medicare, individuals with disabilities and nursing home residents. These individuals must meet certain income and other requirements. In Fiscal Year 2012, more than 1 million Alabama citizens qualified for Medicaid benefits through a variety of programs for children, families and pregnant women as well as for elderly and/or disabled people.

Medicare

In the United States, Medicare is a national social insurance program, administered by the U.S. federal government since 1966, currently using about 30 private insurance companies across the United States. Medicare guarantees access to health insurance for Americans aged 65 and older who have worked and paid into the system, and younger people with disabilities as well as people with end stage renal disease (Medicare.gov, 2012) and persons with amyotrophic lateral sclerosis. As a social insurance program, Medicare spreads the financial risk associated with illness across society, even to people who cannot use it and may never want it or use it, and thus has a somewhat different social role from private insurance, which involves a risk portfolio (underwriting) and adjusts premiums according to perceived risk.

Elementary and Secondary Education Act (2001 Reauthorization)

The No Child Left Behind Act of 2001 (NCLB) is the most recent iteration of the Elementary and Secondary Education Act of 1965 (ESEA), the major federal law authorizing federal spending on programs to support K-12 schooling. ESEA is the largest source of federal spending on elementary and secondary education.

ESEA was enacted in 1965 as part of the Johnson Administration’s War on Poverty campaign. The law’s original goal, which remains today, was to improve educational equity for students from lower income families by providing federal funds to school districts serving poor students. School districts serving lower income students often receive less state and local funding than those serving more affluent children.

Since its initial passage in 1965, ESEA has been reauthorized seven times, most recently in January 2002 as the No Child left Behind Act. Each reauthorization has brought changes to the program, but its central goal of improving the educational opportunities for children from lower income families remains. The 1994 reauthorization, the Improving America’s Schools Act, put in place key standards and accountability elements for states and local school districts that receive funding under the law. These accountability provisions were further developed in the most recent reauthorization, the No Child Left Behind Act.

Assistive Technology Act of 1998 as Amended (2004)

The 2004 amendments to the Assistive Technology Act of 1998 supports State efforts to improve the provision of assistive technology to individuals with disabilities through comprehensive statewide programs of technology-related assistance, for individuals with disabilities of all ages. To provide States with financial assistance that supports programs designed to maximize the ability of individuals with disabilities and their family members, guardians, advocates, and authorized representatives to obtain assistive technology devices and assistive technology services.

Section 504 of the Rehabilitation Act of 1973

Section 504 of the Rehabilitation Act of 1973 is a national law that protects qualified individuals from discrimination based on their disability. The nondiscrimination requirements of the law apply to employers and organizations that receive financial assistance from any Federal department or agency, including the U.S. Department of Health and Human Services (DHHS). These organizations and employers include many hospitals, nursing homes, mental health centers and human service programs.

Section 504 forbids organizations and employers from excluding or denying individuals with disabilities an equal opportunity to receive program benefits and services. It defines the rights of individuals with disabilities to participate in, and have access to, program benefits and services.

 Section 508 of the Rehabilitation Act of 1973

The Reauthorized Rehabilitation Act of 1998 included amendments to Section 508 of the Act. This section bars the Federal government from procuring electronic and information technology (E&IT) goods and services that are not fully accessible to those with disabilities. This would include the services of web design since the Internet was specifically mentioned.

Section 508 directed the Access Board (The Architectural, and Transportation Barriers Compliance Board) to create binding, enforceable standards that clearly outline and identify specifically what the federal government means by "accessible" electronic and information technology products.

The Access Board enlisted the help of government, academic, industry, and disability advocacy groups to create the EITAAC, or Electronic and Information Technology Access Advisory Committee. With the help of this committee the Access Board was able to create the first set of accessibility standards for Federal E&IT and publish them December 21, 2000.