Comments on the Access to Telework Fund

Congress Passes the Assistive Technology Act of 2004

Millions of people with disabilities rely on assistive technologies, such as wheelchairs, communication devices and adapted computers, to pursue their education, obtain and maintain a job and participate in their community and leisure activities. On October 8, 2004, the US House of Representatives overwhelmingly passed the Assistive Technology Act of 2004 (AT Act of 2004) (HR 4278). This positive action by the House of Representatives closely followed the Senate’s unanimous support and passage of the AT Act on September 30, 2004. The bill has been sent to President Bush for signature. Passage of the AT Act of 2004 assures that people with disabilities, educators, employers, and service providers will have access to the technology they need.

Every state and US territory has an Assistive Technology Act Program (AT Program) funded under the provisions of the Technology-Related Assistance Act of 1988. Legislation supporting the State AT Programs was scheduled to sunset on September 30, 2004. The AT Act of 2004 supports the continuance of State AT Programs and eliminates the sunset provision for state programs.

“Passage of the Assistive Technology Act of 2004 affirms the benefits of assistive technology for people with disabilities and the importance of access to AT devices and services for increased independence and productivity. The Association of Assistive Technology Act Programs (ATAP) is pleased that the AT Programs operating in every state and US territory will be able to continue to be a resource for people with disabilities, educators, employers and other service providers to find and access the assistive technology they need. The impressive bi-partisan effort of the Congress to ensure the continuation of these vital programs is heartening for people with disabilities and the programs that serve them.” Deborah Buck, Executive Director, Association of Assistive Technology Act Programs

AT Programs established under the Technology-Related Assistance Act of 1988, have been responsible for implementing strategies to raise awareness of assistive technology and resources and work with systems such as education, rehabilitation, and health services to increase access to assistive technology devices and services for people with disabilities. The AT Act of 2004 focuses on the continuation or development of specific programs that will ensure direct access to technology including, assistive technology loan programs, device demonstration programs, device reutilization programs, and alternative financing such as low-cost financial loan programs. In addition, AT Programs are responsible for implementing training and technical assistance, with a special emphasis on assistance for individuals with disabilities transitioning from school to work or continued education, conducting public awareness activities, information and referral services, and coordination and collaboration with public and private entities that are responsible for program services, policies or funding of assistive technology services.

The AT Act of 2004 also clarifies states responsibilities to ensure access to electronic and information technology as defined under Section 508 of the Rehabilitation Act of 1973. Activities carried out under and supported with Federal funds received under the AT Act of 2004 are required to comply with the Section 508 standards. “Millions of people with disabilities rely on assistive technology to help them gain and maintain independence. Passage of the bipartisan Assistive Technology Act of 2004 will help individuals throughout the US and its territories get the technology they need to help them be independent in school, at home, the workplace and in the community. This is a great step forward in recognizing the contributions of all Americans.” Marty Blair, Chair, Association of Assistive Technology Act Programs.

The AT Act of 2004 also supports state grants for protection and advocacy programs related to assistive technology and national activities such as a national public-awareness tool kit, research and development, technical assistance and training, data collection and a national public internet site.

Position Statement

Reauthorization of the Tech Act Position Statement Technology is an integral part of the lives of citizens of the United States. For many individuals with disabilities, technology is not just desirable, but absolutely necessary to their health, education, employment and independence. The State Programs established through the Technology-Related Assistance to Individuals with Disabilities Act and Amendments of 1994, (Tech Act), have responded to this necessity by making technology more accessible to the citizens of their states.

The Tech Act provides flexibility to each state to develop their Tech Act Program according to the needs of its own citizens, its public and private resources, and its economic and cultural circumstances. The State Tech Act Programs are making considerable progress but the changing technology environment has increased the demand and need for assistive technology. The following position statement reflects the agreement of State Tech Act Programs concerning their accomplishments: the continuing needs of citizens of their states, their position as the most experienced entities to meet continuing needs, and their vision for the future.

I. The Tech Act Programs have made significant progress in improving access to assistive technology by persons with disabilities, and in meeting the purposes of the Tech Act.

1. More children are obtaining and using the assistive technology (AT) they need to benefit from education and become more independent adults.
2. More adults are able to get the assistive technology they need to work and to maintain employment.
3. More elders are using assistive technology to remain independent and to reduce the risk of costly secondary injuries, such as falls.
4. More individuals with disabilities can access the "information highway" which increases access to educational and employment opportunities.
5. More consumers know how to select and use appropriate AT, thus saving tax dollars and reducing equipment abandonment.
6. More consumers can purchase their own AT because Tech Act programs have developed low interest loan programs in public/private partnership.
7. More individuals with disabilities are able to get needed AT, such as augmentative communication devices, from medical insurance and state Medicaid programs. This is because Tech Act Programs have advocated for their inclusion as medically necessary items.
8. More consumers are getting their AT needs met in state government employment and services because Tech Act Programs have collaborated with state procurement agencies to develop policies to ensure a more accessible information technology environment.
9. More consumers are getting appropriate assistive technology in a timely manner. This is because the Tech Act Programs collaborate with protection and advocacy services to appraise agencies and business of their responsibilities and consumers of their rights. They have assisted in appealing denials for needed assistive technology, filing warranty claims, and advocating for systemic change.
10. More individuals in rural areas, more underserved minorities, more low income individuals, and more individuals with limited English proficiency are getting AT because the Tech Act Programs have developed comprehensive outreach programs to meet the unique needs of these populations.
11. More individuals have access to AT evaluations, services, and trainings because the Tech Act Programs have implemented strategies to increase the number and quality of AT service providers.

II. Technology is more important today than ever. There is an increased need for information and training about assistive technology devices, services and funding; for policy development, implementation and advocacy; and for the continuation of comprehensive, consumer-responsive statewide programs.

1. Technology is rapidly changing the telecommunications and work environments. Individuals with disabilities need immediate and efficient access to compete in the information era.
2. Although significant progress has been made in improving access to assistive technology, many children, adults and elderly do not have the assistive technology they need to benefit from education, to work, and to live independently in their communities.
3. Individuals with disabilities who live in rural areas, who are minorities, and who are low-income are more disadvantaged with respect to technology access and risk being left further behind in our increasingly technology-oriented society.
4. There is a greater need for technical assistance to states than ever before as the social service and healthcare systems that effect everyone are undergoing dramatic changes. Health care systems are changing to managed care, states are developing new welfare to work programs, and federal programs such as SSI are undergoing change. Assistive technology must be included in these new programs as it is the tool that increases the ability of individuals to be healthier, to be competitive in the workplace, and to remain independent.
5. Market forces alone are insufficient to ensure the inclusion of individuals with disabilities and those who are aging in most commercial product research and technology transfer enterprises.
6. It takes many years to develop comprehensive, consumer- responsible statewide AT programs that include public and private systems at the local and state level.
7. Legislation such as the Americans with Disabilities Act, Individuals with Disabilities Education Act, and the Rehabilitation Act support application of assistive technology solutions but do not ensure the availability of assistive technology to individuals of ages and all disability types who need it.

III. The Tech Act Programs have the expertise and experience to meet this challenge.

1. Tech Act Programs are the only state entities whose sole focus is assistive technology with an emphasis on systematic change. Tech Act Programs serve all ages and all disability types.
2. Tech Act Programs have increased access to assistive technology by individuals with disabilities by involving consumers, service providers, vendors, policy makers, and families in developing projects to meet changing community and state needs.
3. Tech Act Programs have personnel who are experienced and knowledgeable about assistive technology and related issues.
4. Tech Act Programs are consumer responsive and thus are the trusted provider of information, training, outreach and policy development at the state level.
5. Tech Act Programs have developed flexible and varied methods to remove assistive barriers in their states.
6. Tech Act Programs have initiated activities and supported philosophies resulting in improved access to assistive technology by persons with disabilities in these areas:

1. Education: Tech Act Programs have collaborated with parents, advocates and special education agencies to modify and develop state laws, regulations and policies; to provide information and training to families, consumers and education personnel; and to create innovative loan programs.
2. Employment: Tech Act Programs have collaborated with consumers, advocates and state vocational rehabilitation agencies to develop policies promoting statewide AT service delivery in vocational rehabilitation; to develop training for consumers, vocational rehabilitation personnel, and other service providers; to develop AT resource centers.
3. Aging Tech Act Programs have collaborated with elders, private non-profits and state agencies on aging to develop training programs for health care workers and others that serve the elderly; to develop awareness and information programs for the elderly on the benefits of using assistive technology; to provide technical assistance in the development of policies regarding elderly care and assistive technology.
4. Accessing Information: Tech Act Programs have provided technical assistance to state agencies, libraries, web site developers, and software manufacturers.
5. Selecting Appropriate AT: Tech Act Programs have developed information and referral systems, AT demonstration centers, AT loan programs, AT recycling programs, and consumer advocacy training programs.