FINANCING ASSISTIVE TECHNOLOGY: The ADA: The Road Less Traveled to AT Funding

Ron Sibert, Funding Specialist, DATI

Very often, identifying funding sources for assistive technology involves staying on top of public policy developments and understanding one's rights or entitlements under various laws. Certain laws, while they do not necessarily provide funds or pay for devices directly, still represent very effective means of obtaining or accessing AT. One such law, the Americans with Disabilities Act (ADA) of 1990 is crucial in terms of access to assistive technology. Here's the story.

The ADA is a nondiscrimination statute, or "An Act: to establish a clear and comprehensive prohibition of discrimination on the basis of disability." This is landmark legislation for people with disabilities because it calls for them to have equal access to employment, education, and other important life activities. The law requires businesses, agencies, and service providers with 15 or more employees (except private tax-exempt clubs and religious organizations) to make their services and employment opportunities accessible to people with disabilities. They are supposed to do this by providing what the law terms "reasonable accommodations." Such accommodations might include job restructuring, training material or policies, provision of qualified readers or interpreters, or -- my own personal favorite -- acquisition or modification of equipment or devices. However, the organization must provide such accommodations only to the extent that it will not cause an undue hardship. The term "undue hardship" means "an action requiring significant difficulty or expense" when considered in light of the nature and cost of the accommodation, the overall financial resources of the facility or entity, and the type of operation.

Now recall that many disability accommodations are achieved through the use of assistive technology devices and services. So the right to equal access and reasonable accommodation sometimes translates into the right to assistive technology.

Section 1 of the ADA contains five titles, four of which describe areas in which reasonable accommodations should be considered. They are:

• Title I: Employment
• Title II: State and Local Government Services
• Title III: Public Accommodations and Services Operated by Private Entities (applies to commercial facilities such as hotels, bars, restaurants, movie theaters, supermarkets, laundromats, museums, libraries, parks, etc.)
• Title IV: Telecommunications (includes relay services for people who are hearing or speech-impaired, and closed captioning for public service announcements).

Think of it! Assistive technology may be a component of accommodations in any one or all of the above situations. For example, a public school student with disabilities who does not qualify for special education services is still entitled to reasonable accommodations under the ADA (as well as section 504 of the Rehab Act). Examples might include modified input devices for computers, or closed captioning, print enlargers, etc.

Employers are required to provide similar accommodations to their employees with disabilities and, to some extent, to candidates for employment. The list of possibilities is quite extensive.

Another important outcome of the ADA has been its impact now and in the future on other areas of policy development. The nondiscriminatory requirements of the ADA have helped shape other disability-related legislation. For example, the 1992 amendments to the Rehabilitation Act include various provisions designed to promote access to employment, vocational rehabilitation services, and assistive technology. The recent activity in Congress related to telecommunications and accessibility of the information superhighway is yet another case in point. Goals 2000 legislation, which focuses on educational improvement through the use of various state-of-the-art approaches which include technology, has spawned a flurry of activity right here in Delaware. A Goals 2000 Technology Committee was established in November under the leadership of Governor Carper and Dr. Pascal "Pat" Forgione, the State Superintendent of Public Instruction. The Committee is chaired by Nancy Doorey, a member of the Delaware State Board of Education, and is composed of several representatives from each school district, the Department of Public Instruction (DPI), and the University of Delaware. I am a committee member representing DPI's Exceptional Children's Team as well as the DATI. The Committee is charged with developing plans for effectively incorporating telecommunications and educational technology into Delaware's public education system. My function is to assure that accommodations for students with disabilities are considered in the planning process.

These are all very encouraging developments, but the disability community must remain ever watchful if the spirit of the law is to be realized fully. If we have learned anything from history, it is that change-no matter how positive-rarely happens without resistance. Along with the recent election-related changes in Washington, we are beginning to experience what some are calling "the ADA backlash." According to the November 25, 1994 issue of the Disability Compliance Bulletin, the new House Speaker-designate, Newt Gingrich, favors only local (i.e., state) enforcement of the ADA. He calls federal enforcement "another example of the `Washington bureaucracy' intruding into the lives and livelihoods of American citizens." On the other hand, Rick Douglas, executive director of the President's Committee on Employment of People with Disabilities, notes that Section 504 of the Rehabilitation Act of 1973 was never fully realized because states failed to enforce it adequately, heightening the need for a law such as the ADA. He added, "one of the primary reasons the ADA was passed was because of the failure of [Section 504]."

Remember, though, that the ADA came to be because a number of people with disabilities contacted their legislators and spoke up. Their efforts brought fundamental changes to federal law. True-the outcomes have not been perfect, but the presidential signing of the ADA was a significant accomplishment. Yes, there is much yet to be done, but despite the latest swing to a less accommodating congress, these are still exciting times for people with disabilities; a time to explore and master the wonderful possibilities that using technology brings. However, keeping abreast of public policy developments will probably be more crucial now than ever before.