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)
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4. Assistive Technology
Assistive 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, or
improve the functional capabilities of a child with
a disability.… (Authority: 20 U.S.C. 1401(1))
5. Assistive Technology
Assistive 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, or
improve the functional capabilities of a child with
a disability.… (Authority: 20 U.S.C. 1401(1))
6. Assistive Technology
Assistive 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, or
improve the functional capabilities of a child with
a disability.… (Authority: 20 U.S.C. 1401(1))
7. Assistive Technology
Assistive 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, or
improve the functional capabilities of a child with
a disability.… (Authority: 20 U.S.C. 1401(1))
8. Assistive Technology
Assistive 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, or
improve the functional capabilities of a child with
a disability.… (Authority: 20 U.S.C. 1401(1))
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. 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.
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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. 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 education,
the child to receive
related services, and/or
supplementary aids and FAPE.
services
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13. 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
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14. 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
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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
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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
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17. 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
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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
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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
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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.
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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
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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
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