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Policy & Funding OverviewAssistive Technology Bootcamp

ATIA 2013Behnke and Marotta

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Objectives

Assistive Technology definitionsLegal overview

◦ IDEA◦ Technology-related Assistance Act◦ Americans with Disabilities Act◦ Rehab Act & Section 508

Funding

Legal Definition of AT…Any item, piece of equipment, or product

system, whether acquired commercially off the shelf, modified, or customize, that is used to increase, maintain, or improve functional capabilities of child with a disability (IDEA)

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Assistive Technology

Assistive technology device means any item, piece of equipment, or product system, whether

acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of a child with

a disability.… (Authority: 20 U.S.C. 1401(1))

Assistive Technology

Assistive technology device means any item, piece of equipment, or product system, whether

acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of a child with

a disability.… (Authority: 20 U.S.C. 1401(1))

Assistive Technology

Assistive technology device means any item, piece of equipment, or product system, whether

acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of a child with

a disability.… (Authority: 20 U.S.C. 1401(1))

Assistive Technology

Assistive technology device means any item, piece of equipment, or product system, whether

acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of a child with

a disability.… (Authority: 20 U.S.C. 1401(1))

Assistive Technology

Assistive technology device means any item, piece of equipment, or product system, whether

acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of a child with

a disability.… (Authority: 20 U.S.C. 1401(1))

When does technology become AT?

With regard to students receiving services under IDEA, there is a two prong test:

When the technology is used as a compensatory intervention.

When an IEP Team decides that the technology is needed by the student.

An assistive technology service is…

Any service that directly assists a person with a disability in the selection, acquisition, or use of an assistive technology device.

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AT Services (related to education)• The term includes—

• (a) The evaluation of the needs of a child with a disability, including a functional evaluation of the child in the child’s customary environment;

• (b) Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by children with disabilities;

• (c) Selecting, designing, fitting, customizing, adapting, applying, retaining, repairing, or replacing assistive technology devices;

• (d) Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;

• (e) Training or technical assistance for a child with a disability or, if appropriate, that child’s family; and

• (f) Training or technical assistance for professionals (including individuals providing education or rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of that child. (Authority: 20 U.S.C. 1401(2))

IDEA 2004: Final Regulations Sec 300.5 AT DevicesFederal definition of

Assistive Technology

• The school district must provide the AT devices that are required by the child as part of his special education, related services, and/or supplementary aids and services

• School-owned AT must be made available to the child at home or in other educational settings IF THE IEP Committee DETERMINES that access to the AT in those places is necessary for the child to receive FAPE.

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IDEA 2004: Final Regulations Sec 300.6 AT Services• Federal definition of

Assistive Technology

• The school district must provide the AT services that are required by the child as part of his special education, related services, and/or supplementary aids and services

• Services include, but not limited to: • Assessment• Evaluation• Trials• Maintenance/repair• Follow-up• Funding

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The Legal Evolution of Access in Public Schools

EHA 1975 Access to schools

IDEA 1990 Access to classrooms

IDEA 1997 Access to general education

curriculum

IDEA 2004 Access to instructional materials

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Congressional Intent of IDEA 2004

Improved student performanceIncreased accountability Strong parental participationHigh expectations for student

achievement Linked to the general education

curriculumAccessible instructional materials

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Congressional Intent of IDEA 2004Requires consideration of AT in the IEP

processPlaces responsibility for decision-making

with ARD committees Requires accessible instructional materials

IDEA 2004 affirms emphasis on Assistive Technology as a means to support educational achievement

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Technology Related Assistance for Individuals with Disabilities Act

2004 amendment the Act now required States to provide direct aid to individuals with disabilities

Ensure access to technology The majority of State efforts are required to

be conducted in the following areas: ◦ assistive technology reutilization programs◦ assistive technology demonstration programs◦ alternative financing programs and ◦ device loan programs

http://www.resnaprojects.org/statewide

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Americans with Disabilities Act 1990July 26, 1990Most important piece of civil rights legislation

relating to individuals with disabilities.The purpose of the ADA is to:

◦ Provide a clear and comprehensive national mandate to end discrimination against individuals with disabilities

◦ Provide enforceable standards addressing discrimination against individuals with disabilities

◦ Ensure that the federal government plays a central role in enforcing these standards on behalf of individuals with disabilities

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Americans with Disabilities Act 1990Title I - Employment - Business must provide

reasonable accommodations to protect the rights of individuals w/ disabilities in all aspects of employment

Title II - Public Services - Public services cannot deny services to people w/ disabilities which are available to people w/o disabilities. Public transportation systems must be accessible

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Americans with Disabilities Act 1990Title III - Public Accommodations - All new

construction and modifications must be accessible. For existing facilities, barriers to services must be removed if readily achievable

Title IV - Telecommunications - Telephone relay service to individuals who use telecomm devices (Deaf and Speech Impaired)

Title V - Miscellaneous - Includes a provision prohibiting either (a) coercing or threatening or (b) retaliating against the disabled or those attempting to aid people with disabilities in asserting their rights under the ADA.

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Rehab Act & Section 508Amendments of 1998 which covers

access to federally funded programs and services

Requires access to electronic and information technology provided by the Federal government

Federal agencies must ensure that this technology is accessible to employees and members of the public with disabilities

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Funding of Assistive TechnologyInsurance companiesMedicaid and MedicarePublic schools – written into the IEPVocational Rehabilitation – written into

the IWRPVeterans AdministrationEmployer based accommodationsOther agenciesATIA Funding Resources Guide