JSET ejournal
Assistive Technology:
Legal Issues for Students with Disabilities and Their Schools
Janice Neibaur Day
Dixie Snow Huefner
University of Utah
In 1970, when federal legislation to support students with
disabilities was first enacted, most of today's assistive technology
(AT) did not exist or was not yet developed for widespread use
by the public schools (Hager, 1999). The first legislation for
students with disabilities was enacted primarily to ensure access
to education. Technology was not considered an important feature
at that time for general education, nor was it on the agenda
for the young field of special education, a field that had scarcely
located space within the walls of the public school building.
It has only been in the past several years that technology has
evolved into an important part of commerce, higher education,
and general education, and has now filtered into the special
education program (Blackhurst, 1997).
Congress defined AT in the Technology Related Assistance Act
for Individuals with Disabilities (1994) (Tech Act). Congress
also incorporated the Tech Act definition into the Individuals
with Disabilities Education Act (1993) (IDEA) (20 U.S.C. §
1401 (a) (25) and (26)). In doing so, it intended that the benefits
of using AT devices along with special educational programs and
services would help to ensure a free appropriate public education
(FAPE) in the least restrictive environment (LRE) with a preference
for the general education setting, and improved outcomes including
improved post-school outcomes (Hager, 1999).
Over the past decade, AT such as personal computers, communication
devices, switches, specialized keyboards, and other assistive
devices and services have influenced teaching strategies and
student participation (Blackhurst, 1997). For example, students
with visual impairments who were previously unable to produce
print assignments without the assistance of a braille transcriber
can now produce documents on computers or braille note-takers
and print the assignment in both braille and print. Additionally,
students who do not have the capability to respond verbally to
class questions or activities, such as a preschool circle-time,
can now utilize communication devices to produce a verbal response,
thus allowing for participation with classmates.
The purpose of this paper is to review federal legislation as
it relates to AT for students with disabilities, discuss benefits
and costs of AT, evaluate issues regarding AT that have arisen
in IDEA hearings and court cases, and provide recommendations
related to the future of AT for students with disabilities.
Federal Legislation and Assistive Technology
Congress explicitly addressed AT for students with disabilities
in 1990 when it added definitions of AT devices and services
to IDEA (1993), definitions that are retained in the current
version (20 U.S.C. § 1401(1) and (2)). In 1997, amendments
to IDEA (2000) further expanded the AT mandate by requiring that
AT devices and services be considered for all students during
IEP development (20 U.S.C. § 1414(d)(3)(B)(v)).
