Legal Mandates Regarding School-Based Assistive Technology

1. Legal Mandates Regarding School-Based Assistive Technology By Andrea Bilello

2. Federal Mandates • Technology Related Assistance Act of 1988 (Tech Act) • Individual with Disabilities Act (IDEA 1997) • Assistive Technology Act 1998 and 2004 • Section 504 of Americans with Disabilities Act (ADA) • No Child Left Behind

3. State Mandates • Maine Department of Education Special Education Regulations • Maine Learning Results

4. Tech Act 1988 • State Assistive Technology Programs were originally set up under the Tech Act • Legislation focused on systems change activities to increase access to the full range of assistive technology from low tech to high tech. • AT Programs were authorized to receive 10 years of funding with states being required to take a 25% reduction in their grant award in their 9th year and a 50% reduction in their 10th year. After 10 years, programs were eligible for a 3-year continuation at a level equal to what they received in their 10th year. • Presently, many AT programs are operating at 50% of their highest funding level. • State AT Programs are required to serve all individuals with disabilities regardless of age, type of disability or environment, as well as families, educators, therapists, and service providers. Association of Assistive Technology Program www.ataporg.org

5. IDEA 1997 & 2004 • All students are entitled to a free, appropriate public education (FAPE). Students with disabilities should participate in the general education curriculum to the maximum extent possible. • Students with disabilities should be provided access to learning to the same extent as their non-disabled peers. Assistive Technology can assist students with a variety of disabilities to access the general curriculum content and activities.

6. IDEA Continued • AT and AT services must be considered as part of every student’s IEP from the ages of 3-21. Documentation of the needs for AT that would be provided must appear on the IEP. • AT and AT services are mandated to be provided if it is required to provide a free appropriate public education for the student or needed to provide access to the general curriculum. New IDEA ’97 Requirements: Eric Digest

7. Differences between IDEA ’97 and IDEA 2004 • Change in definition of AT: “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. The term does not include a medical device that is surgically implanted, or the replacement of such device.” • The IEP teams must now consider whether a student needs assistive technology, instead of whether a student requires assistive technology. This allows for students to have more opportunities because AT can facilitate access to the general education curriculum. • IDEA 2004 references universal design • Accessibility: IDEA 2004 includes the addition that all students who are blind and individuals with disabilities relates to reading print in elementary and secondary schools have access to print instructional materials, including textbooks in accessible formats, free of charge. IDEA 2004

8. Section 504 of ADA(Equal Access) • Mandates that all agencies, including schools, receiving federal funding provide equal environmental and activity access to individuals with disabilities. In the school environment, this would include physical access to the school facilities as well as learning, socialization, and participation in school activities. • Requires all school facilities are accessible to individuals with disabilities. • Requires that the necessary services, including AT services, be required in order for students with disabilities have equal access to school based activities.

9. Assistive Technology Act 2004 • The Assistive Technology Act of 1998 provided federal aid for states to help them establish system for individuals with disabilities to obtain access to AT. • The Assistive Technology Act of 2004 amended the ATA ’98 to renew the state aid for AT programs by increasing the access to needed AT devices directly to individuals with disabilities who need them. The Act also created greater accountability for how states used AT grants, as well as continually evaluate the effectiveness of the state program. • The reauthorization added additional requirements to serve an expanded group of targeted individuals including technology experts such as web designers, entities that manufacture or sell assistive technology devices, allied health professionals, small business, providers of employment and training services, etc H.R. 4278 [108th]: Assistive Technology Act of 2004

10. NCLB/MLRs • NCLB is a federal mandate built on the premise that ALL students can learn and all schools need to be accountable for the progress of the students. • All students in Maine were required to participate in standards based assessment, the MEA in grades 3-8. Starting this fall, students will start to participate in the New England Common Assessment Program (NECAP). NECAP is a series of reading, writing, math, and science achievement tests which measure students’ academic knowledge and skills relative to the Maine Learning Results grade expectations. • AT accommodations for instruction and assessments are expected for students with disabilities to be able to achieve the same standards and outcomes as their peers. • Students with disabilities need to be provided with the appropriate AT assessment and services to be able to competently use AT to support learning, independently function, and demonstrate their knowledge so that they have the potential to achieve the same standards as their peers.