IT Accessibility Review
Volume 1, Number 3
State of the States
President Signs Assistive Technology Act
by Deborah Buck and Paul Spicer
October 2004 saw a flurry of legislative activity as the President and the Congress reaffirmed their commitment to people with disabilities by recognizing the role that assistive technology plays in providing an inclusive environment for people of all ability levels. This impressive bipartisan effort ensures the continuation of vital assistive technology programs that serve over 54 million Americans with disabilities.
At the forefront of this bipartisan, bicameral effort were Rep. Buck McKeon (C-CA), Rep. John Boehner (R-OH), Rep. Dale Kildee (D-MI), Sen. Judd Gregg (R-NH), Sen. Tom Harkin (D-IA), Sen. Pat Roberts (R-KS), and Sen. Edward Kennedy (D-MA). Putting aside partisanship in order to address the needs of people with disabilities, the legislation, known as the Assistive Technology Act of 2004, sends a clear message that the government supports a federal investment for people with disabilities and for the community, economy, and business as a whole.
Findings
As stated in the Assistive Technology Act of 2004, Congress acknowledged that a disability is a natural part of the human experience and that it never diminishes the right of individuals to live independently, enjoy self-determination, benefit from an education, pursue meaningful careers, and enjoy full inclusion in mainstream society. Clearly demonstrating that technology is one of the primary engines for such inclusion, the AT Act 2004 finds that development in technology has profound implications for all persons, and should equally include and impact those with disabilities.
To assist individuals with disabilities in accessing such technological advancements and assistive technology services, the federal government has partnered with states to provide technology-related programs for 15 years. Every state and US territory has an Assistive Technology (AT) Act Program funded under the provisions of the Technology-Related Assistance Act of 1988. Despite the success of such a federal-state partnership, legislation supporting the State AT Programs was scheduled on September 30, 2004.
The signing of the AT Act of 2004 in October demonstrates a need for continued and increased information about the availability of such services. It also shows how individuals with disabilities, service providers, educators, and employers may secure and utilize assistive technology. The AT Act of 2004 supports the continuation of sate AT Programs and eliminates the sunset provision for states.
In other words, the AT Act 2004 highlights the rapid and unending evolution of technology and the need for a continued federal-state investment in state assistive technology systems.
Supporting State Efforts
The purpose of AT Act 2004 is to support state efforts by improving the provision of assistive technology through statewide programs and increasing the availability of funding, the capacity of public agencies, and the coordination among state agencies. Guiding the act is a general philosophy known as "consumer-responsiveness," which means that polices are consistent with the principles of respect for individual dignity, equal access, and decisions relating to the provision of assistive technology devices and improvement of state technology programs.
Under the AT Act, each state and U.S. territory is awarded a grant to administer a comprehensive statewide program of technology-related assistance. Currently, the average grant award increased funding for states.
The AT Act also provides additional clarification on the obligations of states to comply with Section 508. States that receive grants under the Assistive Technology Act are required to ensure that activities, which are "authorized by the Act and supported with funds received under the AT Act, comply with the standards established by the Architectural and Transportation Barriers Compliance Board under Section 508 of the Rehabilitation Act of 1973." Although the AT Act limits Section 508 compliance to its required and supported activities, a number of states have adopted laws requiring information technology accessibility that includes the acquisition, maintenance, use, and development of IT that conforms to the Section 508 standards.
In general, states must use their state grants to implement and administer the following programs:
- State financing activities that support access to assistive technology and services (purchase, lease, or other acquisition)
- Device reutilization programs, such as the exchange, repair, or recycling of assistive technology devices
- Device loan programs
- Device demonstrations
- Training and technical assistance
- Required activities that enhance the skills and competencies of public and private entities that demonstrates expertise in collaboration with public or private agencies that serve persons with disabilities
- Transition assistance to individuals with disabilities
- Public awareness activities
- Statewide information and referral systems
For further information contact The Association of Assistive Technology Act Programs (ATAP), a national, member-based organization comprised of sate Assistive Technology Programs funded under the Assistive Technology Act. www.ataporg.org.
Deborah Buck has over 20 years experience working in the field of disability and technology. She was recently appointed Executive Director of the Association of Assistive Technology Act Programs (ATAP). Prior to joining ATAP, Ms. Buck was the Director of State IT Accessibility Initiatives at the Information Technology Technical Assistance and Training Center (ITTATC).
Paul Spicer, QMRP, has 20 years of experience in the field of disability and is the founder and president of Spicer & Associates, LLC, a disability consultant firm. He has authored two books on community inclusion for persons with disabilities, and has published numerous feature articles in trade journals and consumer magazines.
South Carolina Implements New State Website Policy
South Carolina has implemented new policy regarding the accessibility of state government web sites. The state will adhere to Section 508 standards. Each South Carolina state agency will review its website for accessibility and then develop a plan. Read the complete South Caroline Website Accessibility Policy.


