Assistive tech law


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all about assistive technology law including ADA, tech act, idea, and section 504 of rehab act

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Assistive tech law

  1. 1. Samantha Fecich M.Ed.<br />Assistive Tech Law<br />
  2. 2. Federal legislation that impacts Assistive Technology falls into three general areas:<br /><ul><li>Civil Rights Legislation
  3. 3. Educational Legislation
  4. 4. Technology Legislation </li></li></ul><li><ul><li>2008 – Americans with Disabilities Amendment Act of 2008 (P.L. 110-325)
  5. 5. 1998 – Amendment to Section 508 of the Rehabilitation Act (part of the Workforce Investment Act of 1998) (P.L. 105-220)
  6. 6. 1992 – Reauthorization of the Rehabilitation Act of 1973 (P.L. 102-569)
  7. 7. 1990 – The Americans with Disabilities Act (P.L. 101-336)
  8. 8. 1986 – Amendments to the Rehabilitation Act of 1973 (P.L. 99-506) focus on Section 508
  9. 9. 1973 – Section 504 of the Vocational Rehabilitation Act (P.L. 93-112)</li></ul>Civil Rights Legislation <br />
  10. 10. Educational Legislation <br /><ul><li>2004 – The Individuals with Disabilities Education Improvement Act of 2004 (P.L. 108-446)
  11. 11. 2001 – No Child Left Behind Act (P.L. 107-110)
  12. 12. 1998 – Carl D. Perkins Vocational and Technical Act of 1998 (P.L. 101-392)
  13. 13. 1997 – Individuals with Disabilities Education Act Amendments of 1997 (P.L. 105-17)
  14. 14. 1991 – Individuals with Disabilities Education Act Amendments of 1991 (P.L. 102-119)
  15. 15. 1990 – Individuals with Disabilities Education Act (P.L. 101-476)
  16. 16. 1986 – Handicapped Infants and Toddlers Act (P.L. 99-457)
  17. 17. 1975 – The Education for All Handicapped Children Act (P.L. 94-142)</li></li></ul><li><ul><li>2010 – Twenty-First Century Communications and Video Accessibility Act of 2010 (P.L. 111-260)
  18. 18. 2004 – Assistive Technology Act of 2004 (P.L.108-364)
  19. 19. 1998 – Assistive Technology Act of 1998 (P.L.105-394)
  20. 20. 1996 – Telecommunications Act of 1996 (P.L.104-104)
  21. 21. 1994 – Technology-Related Assistance for Individuals with Disabilities Act Amendments of 1994 (P.L. 103-218)
  22. 22. 1988 – The Technology-Related Assistance for Individuals with Disabilities (P.L. 100 -407)</li></ul>Technology Legislation<br />
  23. 23. AT Law<br />This course will focus on these laws<br />Americans with Disabilities Act (PL 101-336)<br /> Tech Act (PL 100-407)<br />IDEA <br />Section 504 of the Rehabilitation Act of 1973<br />
  24. 24. Americans with Disabilities Act (PL 101-336)<br />Known as “ADA”<br />Signed into law in 1990. <br />It had broadened the types of agencies covered by Section 508 requirements and mandates items such as communication systems. <br />The act states there is a “need for persons who are aware of technological modifications, so they can teach others about technology awareness and provide consultation for people with disabilities. <br />
  25. 25. <ul><li>This law protects Americans with disabilities no matter their age.
  26. 26. this law defines a disability broadly as someone with an impairment that significantly limit one or more life activates. This can include:
  27. 27. Walking
  28. 28. Seeing
  29. 29. Hearing
  30. 30. Learning
  31. 31. But applies to public and private sectors such as libraries, state and local governments, restaurants, hotels, transportation systems, and stores.</li></ul>ADA<br />
  32. 32. <ul><li>it is also emphasizes communication which requires that closed captioning be provided to help individuals who are deaf and hard of hearing.
  33. 33. Ada also requires that employers do not discriminate against hiring an individual with a disability.
  34. 34. ada also ensures that buildings are fully accessible for people with disabilities using the following:
  35. 35. Ramps
  36. 36. Elevators
  37. 37. Curb cuts</li></ul>ADA<br />
  38. 38. Tech Act (PL 100-407)<br />Signed into law in 1988 and was amended in 1994. <br />The main purpose of this act was to provide financial assistance to the states so that they are able to conduct the necessary assessments, identify technology resources, and provide assistive technology services, and conduct public awareness programs. <br />The act also states that persons must “provide a variety of technical assistance to children (and adults) with disabilities and their parents and guardians. <br />Also, provide services such as evaluate, purchase, lease, design, fabricate, training, technological assistance to persons who use assistive technology.<br />
  39. 39. Tech Act <br /><ul><li> P.L. 100-407, the Technology-Related Assistance for Individuals with Disabilities Act of 1988 was passed and signed into law in October 1988.
  40. 40. Provides funding to develop statewide, consumer-responsive information and training systems designed to meet the assistive technology needs of individuals with disabilities.
  41. 41. The purpose of the Tech Act is to:
  42. 42. Increase awareness of the needs of individuals with disabilities for assistive technology devices and services
  43. 43. Increase awareness of policies and procedures that facilitate or impede the acquisition of assistive technology
  44. 44. Improve the availability of and funding for assistive technology
  45. 45. Expand the knowledge of efficient applications of assistive technology devices and services
  46. 46. Promote coordination among state agencies and public and private entities that provide assistive technology devices and services. </li></li></ul><li>Tech Act<br />Congress noted eight findings within P.L. 100-407: <br />1. During the past decade there have been major advances in technology. <br />2. Technology benefits all individuals. <br />3. For some individuals with disabilities, assistive technology is a necessity that enables them to engage in or perform many tasks. Tasks listed include those at home, school, work, and in communities. <br />4. There already exists a substantial number of assistive technology devices that could be used in early intervention and education, rehabilitation and training, employment, residential living, independent living, recreation, and other aspects of daily living. <br />
  47. 47. Tech Act<br />Congress noted eight findings within P.L. 100-407: <br />5. The use of assistive technology devices and services by individuals with disabilities can reduce the costs of disabilities. <br />6. Many individuals with disabilities do not have access to the assistive technology devices and services needed to allow such individuals to function in society commensurate with their abilities<br />7. There are insufficient incentives for commercial pursuit of the application of technology devices because of the limited markets. <br /> 8. At the federal level, there is a lack of coordination among agencies that provide or pay for the provision of assistive technology. <br />
  48. 48. Technology Act Amendment<br /><ul><li>On March 9, 1994, President Clinton signed the Technology-Related Assistance for Individuals with Disabilities Act Amendments of 1994.
  49. 49. This Amendment emphasized advocacy
  50. 50. The amendments require states to perform six specific systems change and advocacy activities:</li></ul>develop and monitor policies and procedures that will improve access to and funding for assistive technology devices and services. <br />develop and implement strategies to overcome funding barriers, with particular emphasis on overcoming barriers for underrepresented and rural populations. <br />coordinate activities among state agencies to increase access to, provision of, and funding for assistive technology devices and services. <br />
  51. 51. Technology Act Amendment<br /><ul><li>The amendments require states to perform six specific systems change and advocacy activities:</li></ul>4. empower individuals with disabilities to successfully advocate for increased access to and funding for assistive technology, as well as to increase their participation, choice, and control in the selection and procurement of assistive technology devices and services.<br />5. provide outreach to underrepresented and rural populations through identification and assessment of their needs, increasing accessibility of services, training of representatives of such populations, as well as training of Tech Act projects' staff to work with such populations. <br />6. develop and implement strategies to ensure timely acquisition and delivery of assistive technology devices and services with special emphasis on children. <br />
  52. 52. IDEA<br />Authorizes that “assistive technology needs of all students be considered although assistive technologies are frequently though to be relevant for children with physical disabilities, sensory/health impairments, and communication disabilities.” <br />Assistive technology should be considered for the above, but not limited to the above disabilities, students who have learning disabilities may also be in need of assistive technology. (PL105-17, Section 1414 (d) (3) (B) (v)).   <br />
  53. 53. IDEA<br />There are several principles that were passed with IDEA:<br />Zero Reject<br />Free Appropriate Public Education (FAPE)<br />Least Restrictive Environment (LRE)<br />Nondiscriminatory Evaluation<br />Parent and Family right to confidentiality<br />Procedural Safeguards<br />
  54. 54. Zero Reject<br />Entitles that all students with disabilities, even those in private schools to a free public education regardless of the nature or severity of their disability. <br />In order to accomplish this, states have in place a child find system. <br />Child find system – a set of procedures for alerting the public to services that are available for students with disabilities. <br />
  55. 55. FAPE<br />All students with disabilities are entitled to a free and appropriate education<br />This means that parents can not be asked to pay for special education services<br />FAPE also clarifies that each student’s education must include<br />Special education through specially designed instruction<br />Related services<br />Supplementary aides and services<br />These elements are found in the Individual education program (IEP) <br />
  56. 56. Least Restrictive Environment (LRE)<br />Student must be in the educational setting most like that of typical peers to ensure success with the needed supports and services. <br />These educational settings can include:<br />General education all day<br />General education ½ day<br />Separate classroom<br />Separate school<br />
  57. 57. Nondiscriminatory Evaluation<br />Rights of students and parents to ensure that any assessment completed by Special Ed. is unbiased. <br />This law ensures:<br />Test are administered in their native language<br />Tests are appropriate for child’s age and characteristics.<br />A knowledgeable professional administers the test and reviews the results<br />Assessment occurs in all areas of the disability (IE. Intelligence test, reading test, range of motion)<br />
  58. 58. Parent and Family Right to Confidentiality <br />Information regarding the student needs to remain confidential <br />Parents have the right to view and obtain copies of any records regarding their child with a disability. <br />Also once records are no longer needed – a procedure must be in place to destroy the records.<br />
  59. 59. Procedural Safeguards<br />Parents must be given the procedural safeguards.<br />These include a full explanation of all of the rights available to parents of a child with a disability ages 3-21 when their child has been referred for or is receiving special education services. <br />Teachers are required to have parents sign a statement in the IEP that they have received the Procedural Safeguards. <br />Parents may have multiple copies at home and may prefer not to take another.<br />
  60. 60. <ul><li>This law guarantees the civil rights of children and adults
  61. 61. This law is the first civil rights legislation in the US designed to protect those with disabilities.
  62. 62. This law broadly defines an individual with a disability as someone with an impairment that significantly limit one or more life activates. This can include:
  63. 63. Walking
  64. 64. Seeing
  65. 65. Hearing
  66. 66. Learning
  67. 67. This law also protects from discrimination from federal funding including public schools. </li></ul>Section 504 of the Rehabilitation Act of 1973<br />
  68. 68. <ul><li>An example of this law can include:
  69. 69. A student can be served under section 504 if they are an average student with diabetes. This law requires the school district to ensure that school professional understand the student's needs, access to all is medical needs, and student is required to use the restroom.</li></ul>Section 504 of the Rehabilitation Act of 1973<br />