A Brief History of the Tech Act

Technology-Related Assistance for Individuals with Disabilities Act of 1988 (Tech Act), P.L. 100-407

• This legislation was passed and signed into law in October, 1988. The law provides funding to develop state-wide, consumer-responsive programs to meet the assistive technology needs of individuals with disabilities. This is the authorizing legislation for the Idaho Assistive Technology Project. Congress noted eight findings within P.L. 100-407.
• During the past decade there have been major advances in technology.
• Technology benefits all individuals.
• For some individuals with disabilities, assistive technology is a necessity that enables them to engage in or perform many tasks. Tasks listed include those at home, school, work, and in the community.
• There already exists a substantial number of assistive technology devices that could be used in early intervention and education, rehabilitation and training, employment, residential living, independent living, recreation, and other aspects of daily living.
• The use of assistive technology devices and services by individuals with disabilities can reduce the costs of disabilities.
• Many individuals with disabilities do not have access to the assistive technology devices and services needed to allow such individuals to function in society commensurate with their abilities.
• There are insufficient incentives for commercial pursuit of the application of technology devices because of the limited markets.

At the federal level, there is a lack of coordination among agencies that provide or pay for the provision of assistive technology.

Based on these eight findings, Congress has identified the following goals for P.L. 100-407:

• increase awareness of the needs of individuals with disabilities for assistive technology devices and services;
• increase awareness of the policies and procedures that facilitate or impede the acquisition of assistive technology;
• improve the availability of, and funding for, assistive technology;
• expand the knowledge of efficient applications of assistive technology devices and services; and,
• promote coordination among state agencies and public and private entities that provide assistive technology devices and services.

The Technology-Related Assistance for Individuals with Disabilities Act Amendments of 1994, P.L. 103-218

On March 9, 1994, President Clinton signed the Technology-Related Assistance for Individuals with Disabilities Act Amendments of 1994. These amendments strengthen the original Tech Act passed in 1988 by emphasizing systems change and advocacy. This reauthorization extends congressional support of the Tech Act (P.L. 100-407) through 1998. The amendments require states to perform six specific systems change and advocacy activities, as well as to provide a specific amount of their Title I funds to a protection and advocacy agency. The six mandated priority activities are:

1. develop and monitor policies and procedures that will improve access to and funding for assistive technology devices and services.

2. develop and implement strategies to overcome funding barriers, with particular emphasis on overcoming barriers for underrepresented and rural populations.

3. coordinate activities among state agencies to increase access to, provision of, and funding for assistive technology devices and services.

4. empower individuals with disabilities to successfully advocate for increased access to and funding for assistive technology, as well as to increase their participation, choice, and control in the selection and procurement of assistive technology devices and services.

5. provide outreach to underrepresented and rural populations through identification and assessment of their needs, increasing accessibility of services, training of representatives of such populations, as well as training of Tech Act projects' staff to work with such populations.

6. develop and implement strategies to ensure timely acquisition and delivery of assistive technology devices and services with special emphasis on children.

Assistive Technology Act of 1998 (ATA), P.L. 105-394

On Friday, November 13, 1998, President Clinton signed into law the Assistive Technology Act of 1998. This new law builds on its predecessor, the Technology-Related Assistance for Individuals with Disabilities Act of 1988 (Tech Act), and affirms that technology is a valuable tool that can be used to improve the lives of Americans with disabilities. It also affirms the federal role of promoting access to assistive technology devices and services for individuals with disabilities.

The ATA extends funding to the 50 states, the District of Columbia, Puerto Rico, and outlying areas (Guam, American Samoa, U.S. Virgin Islands, and the Commonwealth of the Northern Mariana Islands) that receive support under the Tech Act. Under the new ATA, all states and outlying areas are eligible to receive 10 years of federal funding for their state assistive technology program.

The purposes of the ATA are the following:

Support states in sustaining and strengthening their capacity to address the assistive technology needs of individuals with disabilities.

Support the investment in technology across federal agencies and departments that could benefit individuals with disabilites.

Support micro-loan programs to individuals wishing to purchase assistive technology devices or services.

The Assistive Technology Act of 1998 requires states and outlying areas to do the following:

Support a public awareness program that is designed to provide information related to the availability and benefits of assistive technology devices and services and that is linked to a proposed national public internet site.

Promote interagency coordination that improves access to assistive technology devices and services for individuals of all ages who have disabilities.

Provide technical assistance and training including the development and implementation of laws, regulations, policies, practices, procedures, or organizational structures that promote access to assistive technology devices and services.

Provide outreach support to statewide community-based organizations that provide assistive technology devices and services to individuals with disabilities or that assist individuals in using assistive technology, including focusing on individuals from underrepresented and rural populations.

The ATA also authorized funding to support the following:

Small Business Innovative Research grants related to assistive technology.

Grants to commercial or other organizations for research and development related to universal design concepts.

Grants or other mechanisms to address the unique assistive technology needs of urban rural areas, of children and of the elderly.

Grants or other mechanisms to improve training of rehabilitation engineers and technicians.

The President's Committee on the Employment of People with Disabilities to work with the private sector to promote the development of accessible information technologies.

Finally, alternative funding mechanisms may include the following:

A low-interest loan fund.

An interest buy-down program.

A revolving loan fund.

A loan guarantee or insurance program.

A program operated by a partnership among private entities for the purchase, lease, or other acquisition of assistive technology devices or services.

Another mechanism that meets the requirements of this title and is approved by the Secretary.

The ATA is administered by the U.S. Department of Education, Office of Special Education and Rehabilitation Services (OSERS) through the National Institute of Disability and Rehabilitation Research (NIDRR). For further information about the Tech Act please visit the RESNA website.

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