Under current federal legislation, children with disabilities also have rights to AT that are defined by IDEA (Individuals with a Disability Education Act), by Section 504 of the Rehabilitation Act of 1973 and by Title II of the Americans with Disabilities Act (ADA).

Educational sources are tapped when use of the selected technology will provide access to “free and appropriate education” (FAPE), in the least restrictive environment.

IDEA - When AT is included in a signed Individual Educational Plan (IEP), it is the responsibility of the school district to fund the purchase of that piece of equipment and provide the training necessary for device mastery. Many school districts are currently funding technology assessments, prior to signing any IEP, looking for some assurance that the expenditure of district money will truly enhance the consumer's educational potential. Needless to say the amount of money available varies widely across districts.

Section 504 and ADA - Schools also have an obligation to provide AT to students with disabilities under federal and state nondiscrimination laws. The relevant federal laws include Section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act (ADA). Both of these laws prohibit public entities and recipients of federal funds from discriminating against persons with disabilities. Although there are some differences between the ADA and Section 504, they are not significant. These laws require schools to make buildings and programs, both academic and non-academic, equally accessible to students with disabilities. The laws apply to all students with disabilities—including those who need special education services and those who do not.¹

References

¹ Funding Manual- Paying for the Assistive Technology You Need: A Consumer Guide to Funding Sources in Washington State. Available online at http://uwctds.washington.edu/funding%20manual/.