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Assistive technology refers to the use of technological devices and situational modifications by or for individuals with disabilities to enable them to improve or maintain their functional capabilities. Because students with disabilities at institutions of higher education may use assistive technology in demonstrating their ability to meet the requirements of the programs in which they are enrolled, college and university personnel need to be cognizant of relevant legal issues. This entry provides an overview of federal legislation related to assistive technology and examines the ways in which assistive technology can enable students with disabilities to use such devices to meet the requirements of the programs for which they are qualified.

Assistive Technology Defined

While the impact of technology on the lives of persons both with and without disabilities has become pervasive, the use of certain types of technologies, known as assistive technology, has enabled individuals with disabilities to expand their functional repertoires and access environments and activities that, historically, have been inaccessible to them. Broadly speaking, the term assistive technology refers to two elements: devices and services.

Assistive technology devices are technological devices that enable individuals to maintain or improve their functional capabilities. An example of an assistive technology device that is common in institutions of higher learning is a desktop computer with voice recognition software. This assistive technology enables individuals with physical disabilities that prevent them from writing using pens or keyboards to produce legible texts by talking to their computers. Assistive technology services enable individuals with disabilities to select appropriate devices to use, be taught how to use them, and to maintain the equipment in good working order. Hence the term assistive technology refers both to the devices and services that comprise the technological solutions that enable individuals with disabilities to maintain or improve on their functional capabilities.

Legislation on Assistive Technology in Higher Education

One subset of the population of persons with disabilities who can benefit from the use of assistive technology consists of students, both those enrolled in K-12 public schools and those enrolled in institutions of higher education, including community colleges, colleges, and universities. Although federal (and state) laws work in concert to direct the use of assistive technologies by qualified students, this entry focuses on relevant federal statutes, because they are so pervasive in scope.

The key statute at the K-12 level is the Individuals with Disabilities Education Act (IDEA, 2004). The IDEA mandates the provision of special education services, which may include the use of assistive technology, for all qualified students with disabilities between the ages of 3 and 21, inclusive. The IDEA has played a key role in promoting the use of assistive technology. This act states that because disabilities are a natural part of the human experience, their presence does not diminish the rights of individuals with disabilities to benefit from receiving an education.

There are two key elements of the IDEA with regard to assistive technology. First, all qualified students with disabilities are entitled to receive appropriate special education and related services, including assistive technology. Second, assistive technology can be provided in the form of special education, a related service, or a supplementary aid, service, or support. Further, assistive technology has been designated as one of five “special factors,” which means that the need for its use by every student who is eligible for special education services under the law must be addressed annually in evaluating student progress.

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