Disability-related legislation has influenced the expectations of people with disabilities and others regarding inclusion, equal opportunity and more recently, AT. Regulations today range from physical facility and deaf telephone relay services to regulations that govern access to information and the accessible design of electronic and information technology. For example, the Rehabilitation Act of 1973 prohibits discrimination on the basis of disability in federal programs and employment. The Americans with Disabilities Act of 1990 prohibits discrimination in employment but also sets architectural standards and effective communication requirements. The Individuals with Disabilities Education Act (IDEA) serves children in special education. The AT Act seeks to serve the full spectrum of people of all ages and all disabilities. Medicare and Medicaid address the durable medical equipment needs of their beneficiaries.

We also have the strengthening of Section 508 of the Rehabilitation Act with the requirement that members of the public and federal employees with disabilities have equal access to information.

Legislative Summary: Falling Short of the Vision

Despite positive legislative efforts to change systems and programs, a myriad of problems persist. There are many obstacles for consumers. There has yet to be a seamless system that consumers can enter at various points for varied reasons. A consistent network of access does not exist that includes all ages, disabilities, all purposes — such as education, employment and civic participation — without running into conflicting or redundant rules and processes.

Americans with Disabilities Act of 1990 (ADA)

The Americans with Disabilities Act of 1990 (ADA), signed by President George H.W. Bush, sought to bring more disabled people into society, community and the workforce. The law prohibits discrimination on the basis of disability. In the area of employment, the law requires that employers make “reasonable accommodations” in the workplace to allow a qualified person with a disability to be gainfully employed.³⁰

Rehabilitation Act Amendments of 1992 and 1998

Similarly, the Rehabilitation Act of 1973, as amended in 1998, strengthens the Rehabilitation Act by requiring the federal government to provide vocational rehabilitation (VR) services to adults with disabilities who want to work and must consider the AT that their clientele need to achieve employment.

Telecommunications Act of 1996

The Telecommunications Act of 1996 overhauled the regulation of the telecommunications industry and recognized the importance of access to telecommunications for people with disabilities in the Information Age. Section 255 of the Act requires that telecommunications products and services be accessible to people with disabilities.³¹

Individuals with Disabilities Education Act (IDEA) Amendments of 1997

The federal requirements of IDEA ensure that students with disabilities have equal access to a free and appropriate public education and to the assistive, information and communication technology students need to achieve this mandate.³² IDEA provides K-12 students with recommended AT for educational purposes during their school years.

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

Passed by Congress to harness emerging technologies for people with disabilities, the “Tech Act” provided small grants to states, phased in over five years, to increase statewide and timely access to technologies.

The Tech Act set forth sweeping changes affecting national disability legislation. It was the first piece of legislation that defined “AT devices” and “AT services,” terms that were later integrated into IDEA, the Rehabilitation Act and many state laws. Second, it has been the only piece of legislation intended to cut across all agencies, all ages, all disabilities, and all environments — an agent of change envisioned to unify public agencies around the common goal of increasing access to AT. In spite of its promise, the original law was crafted with simplistic sunset provisions (Senate Report 2432, 1998).

The AT Act of 1998

Congress found that states and territories made substantial progress in programs established by the Tech Act and that additional work was needed to continue this progress. The new law required each state to address four priority areas of need:

• Public awareness;
   
• AT Training and Technical Assistance;
   
• Coordination of activities to bring together agencies to focus on the needs of consumers for AT across all environments, agencies, and their life span; and,
   
• Outreach to assist underserved people with disabilities in obtaining AT.

Workforce Investment Act (WIA) of 1998

In 1998, the Workforce Investment Act (WIA) was passed to create another unifying force among many public agencies serving adults and youth with disabilities. WIA aims to streamline public employment and training services by reducing inefficiencies and redundancies. WIA put forth the concept that consumers need “one stop shopping” for public services.

As part of serving a universal population, these “One-Stop Career Centers” were created to include AT access through WIA partners. However, other than through its vocational rehabilitation partner, WIA does not provide individuals with AT or information technology (IT).

Today, these “One-Stop Career Centers” are transitioning to “self-service” operations, without critically essential AT expertise, training and support services to ensure that people with disabilities can benefit equally from WIA services.³³

Rehabilitation Act Amendments of 1998 Section 508

The U.S. Access Board published Electronic and Information Technology Accessibility Standards that became effective in June 2001. In general, Section 508 (first passed in 1986, then amended in 1992 and 1998) requires that federal agencies procure electronic and information technology that meets these design standards so that: 1) federal employees with disabilities can have access to information and data; and 2) members of the public with disabilities can have access to information and services. These standards specify user interfaces and functionality requirements rather than require specific technologies that would stifle business creativity and innovation.