This blog is the first in a three-part series based on the recent webinar presentation “Your Future, Your Tools: AT for the Road Ahead.” The segment, titled “Differences Between IDEA/504 (K–12) and ADA Protections,” was presented by Jan Garrett, Deputy Director of ADA Programs at the Pacific ADA Center. The series explores how key disability rights laws ADA, IDEA, and Section 504, support access to AT at different stages of life. This first post focuses on the Americans with Disabilities Act (ADA). Jan breaks down what the ADA covers, who is protected under the law, and how it ensures access to AT in settings like higher education, employment, and community living.
Overview of the Law
The Americans with Disabilities Act (ADA) is a civil rights law which prohibits discrimination based on disability and requires an equal opportunity in employment, public services, public accommodations, and telecommunications. The ADA Amendments Act updated the definition of disability effective January 2009.
The ADA also supports the use of assistive technology (AT) as a tool to ensure individuals with disabilities can fully participate in all aspects of life. Through its focus on accessibility and effective communication, the ADA creates pathways for individuals to use AT in schools, workplaces, and public spaces.
Who is Covered Under ADA?
The ADA protects individuals with disabilities based on a broad definition that includes three key categories:
- A physical or mental impairment that substantially limits one or more major life activities, such as walking, seeing, hearing, speaking, breathing, or concentrating. This also includes major bodily functions like the immune system, endocrine system, and normal cell growth. The impairment typically must last at least six months.
- A record or history of such an impairment, even if the person is not currently experiencing limitations.
- Being regarded as having such an impairment means the individual is treated as if they have a disability, even if they do not have a qualifying condition.
This inclusive definition ensures protection from discrimination for a wide range of individuals with visible and invisible disabilities. Importantly, this broad scope supports access to AT as a reasonable modification to promote equal participation.
Free Appropriate Public Education (FAPE)
The ADA does not directly require a Free Appropriate Public Education (FAPE). However, the ADA covers all public schools and educational programs under Title II, as well as private nonsectarian schools under Title III. In both K–12 and higher education settings, the ADA requires these institutions to ensure access to their facilities and programs, make reasonable modifications to policies, practices, and procedures, and provide auxiliary aids and services, including AT, to guarantee effective communication for individuals with vision, hearing, or speech disabilities.
AT can play a critical role in reducing barriers, whether it’s screen readers, captioning, voice recognition, or other tools that support equal access to curriculum and classroom participation.
Funding
The ADA does not provide funding to meet its requirements. However, it does offer tax benefits for K–12 private schools and higher education institutions. Additionally, some federal agencies offer grants for technical assistance and training to support both public and private entities in complying with the ADA.
Written Notice
The ADA does not specify procedural safeguards, such as notice requirements related to special education. However, Title II of the ADA requires state and local governments to post a notice about ADA requirements and to identify an ADA Coordinator. The ADA also provides administrative complaint procedures and outlines consequences for noncompliance.
Evaluation and Placement
The ADA does not specify evaluation and placement procedures. However, it requires that programs and services be accessible, with effective communication and reasonable modifications to policies, practices, and procedures.
Examples may include redesigning equipment, assigning aides, providing materials in alternative formats, offering AT such as screen readers or speech-to-text software, modifying tests, relocating services to accessible locations, altering existing facilities, and constructing accessible new facilities.
Due Process and Enforcement
The ADA does not include specific due process procedures, but it does provide enforcement mechanisms and remedies. Individuals can file complaints with the appropriate federal agency or bring a claim in federal court. Enforcement agencies typically encourage informal mediation and voluntary compliance.
In higher education, it is the student’s responsibility to enforce their ADA rights, which may include advocating for access to AT or services necessary for equal access to instruction and materials. Check out our most recent blog “How AT Supports Advocacy & the Persistent Complaint” for tips on how to self-advocate.
How the ADA Relates to AT
The ADA supports the use of AT by requiring access and equal opportunity for people with disabilities. While the ADA does not pay for AT, it does require schools, employers, and public places to provide reasonable changes and tools to help people with disabilities fully take part.
This might include:
- Allowing the use of screen readers or speech-to-text tools
- Providing materials in large print or Braille
- Training staff to help someone use their AT
- Moving a service to an accessible location if needed
AT helps remove barriers, and the ADA helps make sure people can use the tools they need to succeed.
