Final Project 10/13 10 minutes

IDEA, the Law and AT 15 minutes

Web Resources 60 minutes

Try It Out- Scenario 60 minutes

Course Evaluations 5 minutes

Course Requirements & Evaluation Procedures:

Pass/Fail grade for 1 credit course

* In Class Product Reviews 25%* Participate in on-line blog 25%* Attendance & Participation 25% * Final AT team project 25%

THE LAW

Wheelock College

Fall 2011

Americans with Disabilities Act (ADA)

Modeled after:

Section 504 of the Rehabilitation Act of 1973 Civil Rights Act of 1964 ADA provides civil rights protection against

discrimination for individuals with disabilities similar to the protection provided in other legislation on the basis of race, gender, nationality and religion

The ADA defines disability functionally as any condition that impairs major life activities such as seeing, hearing, walking, or working. It covers nearly 900 specific disabilities.

Americans with Disabilities Act (ADA)

It mandates accessibility and accommodation requirements in public facilities, employment, state and local government services, transportation and communication.

The law intends to break down the barriers that exist in all of these areas and to provide opportunities for individuals with disabilities.

Section 504 nondiscrimination

No otherwise qualified handicapped individual shall, solely by reason of his/her handicap, be excluded for the participation in, be denied the benefits of, or be subjected to discrimination under any program or capacity receiving federal financial assistance.

Section 504 of the Rehabilitation Act of 1973

Individuals with Disabilities Education Act

Today one of the basic goals of the law- ensuring that children

with disabilities are not excluded from school - has been largely

achieved.

IDEA is the amended version of the Education of ALL Handicapped Children Act of 1975.

Individuals with Disabilities Education Act of 1990 & 1998 & 2004 (IDEA), (P.L. 101-476 & P.L. 105-17)

Americans with Disabilities Act (ADA), (P.L. 101-336)

Assistive Technology Act of 1998 (P.L. 105-394)

Technology Related Assistance for Individuals with Disabilities Act of 1988 (P.L. 100-407).– amended in 1994 (P.L. 103-218) called the “Tech. Act.”

Rehabilitation Act of 1973– amended in 1992 & ‘98 (P.L. 102-569 & 105-166)

– Telecommunications Act of 1996, Sec. 225 (P.L.104)

Individuals with Disabilities Education Act (IDEA)

IDEA is the amended version of the Education of ALL Handicapped Children Act

of 1975.

The law encompasses and expands upon several earlier education initiatives and guarantees four basic rights and three

protective assurances for infants, toddlers, children, youths, and young adults with

disabilities:

IDEA Four Basic Rights: All children with disabilities are entitled to a free public

education appropriate to their needs (FAPE); To the maximum extent possible, children with disabilities

should be educated with students without disabilities, as close to home as possible, and within the least restrictive environment (LRE);

Children with disabilities must be provided supplementary services that permit them to benefit from their education, such as physical therapy and/or assistive technology services.

With the parent or guardians’ consent, a fair assessment must be completed to determine the student’s educational needs. (If the testing consent goes unsigned, instructional supports are documented and used by the classroom staff).

IDEA Three “featured” Protective Assurances

Assistive technologies and technology access to the curriculum must be addressed in the IEP.

If a request for assistive technology is denied, the rationale must be presented in writing and is subject to appeal.

Once assistive technology has been included in a student’s IEP, the school system must provide it.

The Office of Special Education Programs (of the U.S. Department of Education) has issued a series of administrative letters over the years interpreting IDEA.

Determination of the need for assistive technology must be on a case by case basis as a part of the evaluation, IEP, and placement process:

The determination of whether an assistive technology device or service is required for a child to receive FAPE must be made on an individual basis using the procedures for evaluation, developing IEPs, and placement described in the regulations.

Federal Register, Vol. 57, No. 189, Tuesday, September 29, 1992, Rules and Regulations, p. 44845 & Schrag letter dated August 10, 1990 cites as 16 EHLR 1317.

School districts cannot presumptively deny assistive technology to students

with disabilities before it is determined if such technology is an element of FAPE

for that child.

Schrag letter dated August 10, 1990, cites as 16 EHLR 1317

What’s the Big IDEA? (1994) AT Issues for Teams in School Settings: Carl, Mataya & Zabala

IDEA Regulations:

The provisions of assistive technology devices and services may be:– special education– related services– supplementary aids & services

• in order to best support a student with disabilities while served in a regular educational setting.

If the IEP team determines that assistive technology is required for FAPE, the assistive technology must be provided at no cost to the parents:

If the IEP team determines that a particular assistive technology device or service is required for a child to receive FAPE, the service must be provided at no cost the parents.

34 CFR * 300.17 (a)(1) & (2)

Home use:

If the IEP team determines that a particular assistive technology device or service is required for home use in order for a children to be provided FAPE, the technology must be provided.

Assistive technology may be any tool that helps a children perform a functional task that s/he cannot perform well or cannot perform at all because of his/her disability. Assistive technology devices and services are defined in IDEA as:

300.5 Assistive technology device {legal regulation}

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 functional capabilities of children with disabilities.

(Authority: 20 U.S.C. Chapter 33, Section 1401 (25))

300.6 Assistive Technology service:{legal regulation}

(Authority: 20 U.S.C. Chapter 33, Section 1401 (25))

Any service that directly assists an individual with a disability in the selection, acquisition or use of an assistive technology device. The term includes:

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

(B) purchasing, leasing or otherwise for the acquisition of assistive technology devices;

(C) selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing or replacing of assistive technology devices;

(D) coordinating and using other therapies,intervention or services with assistive technology such as those associated with existing education and rehabilitation plans and programs;

(E) training or technical assistance for an individual with a disability, or if appropriate, that child’s family; and,

(F) training or technical assistance for professionals (including individuals providing education and rehabilitation services), employers or others who provide services to employ, or are otherwise substantially involved in the major life functions of children with disabilities.

The IDEA definition of AT is broad, and as a result, most any type of technology device or service used to support the education of students with disabilities could be considered to be “assistive technology”.

Wisconsin Assistive Technology Initiative, 1997

The Assistive Technology Act & the Technology Related Assistance for Individuals w/Disabilities Act (Tech. Act)

Assistive technology includes devices that are not necessarily computer based.

First signed into law in August 1988, the Tech Act was the first piece of U.S. legislation ever to use the term consumer responsive.

Requires that state developed systems must, at a minimum, have in place a process for evaluating and responding to the concerns and suggestions of citizens with disabilities.

Provides a definition of assistive technology.

Computer and Web Resources for People with Disabilities - The Alliance for Technology Access

The Assistive Technology Act & the Technology Related Assistance for Individuals w/Disabilities Act (Tech. Act)

The definition includes: “any tool or item that increases, maintains or improves functional capabilities of individuals with disabilities” in such areas as:– Seating, mobility, daily living, environmental control

In addition to “high tech” devices, it includes “low tech” and “no tech” devices such as:

– mechanical page turners, custom molded seats, single switch activated toys, handheld magnifiers