AT Bootcamp - Policy

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AT Bootcamp - Policy

  1. 1. Policy & Funding OverviewAssistive Technology BootcampATIA 2013Behnke and Marotta 1
  2. 2. Objectives  Assistive Technology definitions  Legal overview ◦ IDEA ◦ Technology-related Assistance Act ◦ Americans with Disabilities Act ◦ Rehab Act & Section 508  Funding 2
  3. 3. 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) 3
  4. 4. Assistive TechnologyAssistive technology device means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, orcustomized, that is used to increase, maintain, orimprove the functional capabilities of a child with a disability.… (Authority: 20 U.S.C. 1401(1))
  5. 5. Assistive TechnologyAssistive technology device means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, orcustomized, that is used to increase, maintain, orimprove the functional capabilities of a child with a disability.… (Authority: 20 U.S.C. 1401(1))
  6. 6. Assistive TechnologyAssistive technology device means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, orcustomized, that is used to increase, maintain, orimprove the functional capabilities of a child with a disability.… (Authority: 20 U.S.C. 1401(1))
  7. 7. Assistive TechnologyAssistive technology device means any item, piece of equipment, or product system, whetheracquired commercially off the shelf, modified, orcustomized, that is used to increase, maintain, orimprove the functional capabilities of a child with a disability.… (Authority: 20 U.S.C. 1401(1))
  8. 8. Assistive TechnologyAssistive 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, orimprove the functional capabilities of a child with a disability.… (Authority: 20 U.S.C. 1401(1))
  9. 9. When does technology become AT?  With regard to students receiving services under IDEA, there is a two prong test: When an IEP When the Team decides technology is that the used as a technology is compensatory needed by the intervention. student.
  10. 10. 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. 10
  11. 11. 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, retai ning, 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))
  12. 12. IDEA 2004: Final RegulationsSec 300.5 AT Devices Federal definition of • School-owned AT must Assistive Technology be made available to the child at home or in other educational settings IF• The school district must THE IEP Committee provide the AT devices that are required by the DETERMINES that access to the AT in those child as part of his places is necessary for special education, the child to receive related services, and/or supplementary aids and FAPE. services 12
  13. 13. IDEA 2004: Final RegulationsSec 300.6 AT Services• Federal definition of and services Assistive Technology • Services include, but not limited to:• The school district must • Assessment provide the AT services • Evaluation that are required by the • Trials child as part of his • Maintenance/repair special education, related • Follow-up services, and/or • Funding supplementary aids 13
  14. 14. The Legal Evolution of Access inPublic Schools  EHA 1975 Access to schools  IDEA 1990 Access to classrooms  IDEA 1997 Access to general education curriculum  IDEA 2004 Access to instructional materials 14
  15. 15. Congressional Intent of IDEA 2004  Improved student performance  Increased accountability  Strong parental participation  High expectations for student achievement  Linked to the general education curriculum  Accessible instructional materials 15
  16. 16. Congressional Intent of IDEA 2004 Requires consideration of AT in the IEP process Places 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 16
  17. 17. Technology Related Assistance forIndividuals 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 17
  18. 18. Americans with Disabilities Act 1990  July 26, 1990  Most 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 18
  19. 19. Americans with Disabilities Act 1990  Title 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 19
  20. 20. Americans with Disabilities Act 1990  Title 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. 20
  21. 21. Rehab Act & Section 508 Amendments 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 21
  22. 22. Funding of Assistive Technology Insurance companies Medicaid and Medicare Public schools – written into the IEP Vocational Rehabilitation – written into the IWRP Veterans Administration Employer based accommodations Other agencies ATIA Funding Resources Guide 22

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