The Technology-Related Assistance for Individuals with Disabilities Act of 1988

American Rehabilitation, Summer, 1989 by Patricia A. Morrissey, Robert Silverstein

The Technology-Related Assistance for Individuals with Disabilities Act of 1988

On June 23, 1988, Congressman Jim Jeffords of Vermont and Senator Tom Harkin of Iowa introduced the Technology-Related Assistance for Individuals with Disabilities Act of 1988. On August 19, 1988, President Reagan signed the Act and it became law, Public Law 100-407. The support for the legislation was very strong. People with disabilities, their families and advocates and those who direct or provide services to those with disabilities emphasized to Congress the importance of technology and support services in technology for people with disabilities. And although many people indicated that much "off-the-shelf" technology is available to assist people with disabilities, such technology, as well as other specialized or customized technology, more often than not, is not accessible. Those concerned about the issue identified three major problems:

* People with disabilities and those involved with them, such as parents, siblings, friends, teachers, counselors, and employers, lack knowledge of and training in the use of technology and support services or the benefits that such technology and services would provide.

* Funding for technology and support services is uncoordinated, severely limited and primarily dependent on a personal source of assistance or aggressive action by an individual to make it available from a nonpersonal source.

* There is no comprehensive system in place to help people with disabilities acquire technology, to ensure that such technology is appropriate or customized to meet an individual's unique needs or circumstances, or to provide training in, upgrading, replacement, or repair of such technology.

The primary purpose of the Technology Act is to assist states to develop comprehensive, consumer-responsive programs in technology-related assistance for disabled people of all ages and, thereby, overcome these serious problems.

The legislation is very comprehensive. It contains seven purposes related to the State Grants Program for Technology-Related Assistance for Individuals with Disabilities. Through the State Grants Program it is anticipated that participating states will: increase the awareness of the needs of people with disabilities for technology and support services; increase the awareness of policies, practice and procedures that facilitate or impede the availability of such technology and services; increase the availability of and funding for technology and support services; increase the awareness and knowledge of the efficacy of technology and support services among people with disabilities and those involved with them, including insurers and employers; increase the capacity of public and private agencies and other groups to provide technology and support services to those with disabilities; increase coordination among such agencies and groups; and, finally, increase the probability, during times of transition, that an individual will, to the extent appropriate, be able to keep technology and access support services that he or she needs.

Another purpose of this legislation is to identify federal policies that facilitate the payment for technology and support services, those policies which do not, and eliminate inappropriate barriers to such payments. The final purposes of the Technology Act is to support technical assistance, information, training and public awareness programs, as well as model demonstration and innovation projects in technology and support services for people with disabilities.

On October, 1, 1988, $5 million in federal funds were available for the Technology Act. Most of the money will be used to fund seven or eight State Grants, awarded on a competitive basis. However, it is also anticipated that some of the money will be used to fund a technical assistance center to help states develop and implement statewide programs in technology-related assistance, and also to fund an evaluation contract to assess how well states that do receive grants do in responding to the purposes of the act that apply to them.

The National Institute on Disability and Rehabilitation Research (NIDRR), Office of Special Education and Rehabilitative Services, U.S. Department of Education, is responsible for administering the legislation. NIDRR published proposed rulemaking in the Federal Register on April 12, 1989. The program announcement for the State Grants Program for Technology-Related Assistance for Individuals with Disabilities was published in spring 1989 and grant awards will be made before September 30, 1989.

Key Definitions

In drafting the legislation, care was taken not to limit or to define narrowly important concepts that would influence how states develop statewide programs in technology-related assistance. This effort is best reflected in four concepts that are defined in the law -- assistive technology device, assistive technology service, individual with disabilities, and technology-related assistance. For example, assistive technology device was 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 functional capabilities of individuals with disabilities." The character of such a device is, as the definition suggests, defined very broadly. The definition of assistive technology service is also broad, covering selection, acquisition and use of a device. In this context a service includes the evaluation of need for a device; purchasing, leasing or otherwise providing devices; selecting, designing, fitting, customizing, adapting, applying, maintaining, or replacing devices; coordination and use of therapies in conjunction with devices; and training and technical assistance for the individual, family member or others substantially involved in the major life functions of people with disabilities.