Policy & Funding Overview
Assistive Technology Bootcamp

ATIA 2013
Behnke and Marotta




                                1
Objectives


  Assistive Technology definitions
  Legal overview
     ◦   IDEA
     ◦   Technology-related Assistance Act
     ◦   Americans with Disabilities Act
     ◦   Rehab Act & Section 508
    Funding



                                             2
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
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
IDEA 2004: Final Regulations
Sec 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
                                   the child to receive
    education, related
    services, and/or               FAPE.
    supplementary aids and
    services
                                                               5
IDEA 2004: Final Regulations
Sec 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
                                                           6
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

                                             7
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
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
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
                                                       10
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
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
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
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
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

Policy

  • 1.
    Policy & FundingOverview Assistive Technology Bootcamp ATIA 2013 Behnke and Marotta 1
  • 2.
    Objectives  AssistiveTechnology definitions  Legal overview ◦ IDEA ◦ Technology-related Assistance Act ◦ Americans with Disabilities Act ◦ Rehab Act & Section 508  Funding 2
  • 3.
    An assistive technologydevice 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.
    An assistive technologyservice is… Any service that directly assists a person with a disability in the selection, acquisition, or use of an assistive technology device. 4
  • 5.
    IDEA 2004: FinalRegulations Sec 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 the child to receive education, related services, and/or FAPE. supplementary aids and services 5
  • 6.
    IDEA 2004: FinalRegulations Sec 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 6
  • 7.
    The Legal Evolutionof 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 7
  • 8.
    Congressional Intent ofIDEA 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.
    Congressional Intent ofIDEA 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.
    Technology Related Assistancefor 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 10
  • 11.
    Americans with DisabilitiesAct 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.
    Americans with DisabilitiesAct 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.
    Americans with DisabilitiesAct 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.
    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.
    Funding of AssistiveTechnology  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