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Policy and funding overview of assistive technology

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  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. An assistive technology device is…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 a child with a disability 3
  4. 4. 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. 4
  5. 5. 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 5
  6. 6. IDEA 2004: Final RegulationsSec 300.6 AT Services• Federal definition of • Services include, but Assistive Technology not limited to: • Assessment• The school district must • Evaluation provide the AT services • Trials that are required by the • Maintenance/repair child as part of his • Follow-up special education, related services, and/or • Funding supplementary aids and services 6
  7. 7. 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 7
  8. 8. 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 8
  9. 9. 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 9
  10. 10. 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 10
  11. 11. 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 11
  12. 12. 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 12
  13. 13. 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. 13
  14. 14. 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 14
  15. 15. 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 15