Legal Aspects of Special Education And Social Foundations

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Legal Aspects of Special EducationAnd Social
Foundations

• The Technology-Related Assistance Act (Tech Act)
• 11-10-05

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The Tech Act of 1988
http//www.pluk.org/AT1.html2

• Passed by Congress in 1988
• Public Law 100-107
• Reauthorized with amendments in 1994
• Public Law 103-218
• Reauthorized in 1998 as the Assistive Technology
  Act
• Public Law 105-394
• Recognized needs of individuals with disabilities
• Can benefit from assistive technology (AT)
• Lack access to AT resources
• Information
• Assessment services
• Funding
• Training
• Customization, maintenance and repair

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Title I of the Tech Act

• Provides grants to States and Territories
• Funding to develop consumer-responsive systems
  change projects
• change the public and private systems which
  affect the delivery of assistive technology for
  people with disabilities
• public awareness, information and referral,
  training, technical assistance, policy
  development, and advocacy

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Title II of the Tech Act

• Funds programs on a national level
• technology training
• recycling demonstration projects
• technology transfer
• development of a national classification system
  for assistive technology devices

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Title III of the Tech Act

• Grants to establish alternative financing
  mechanisms
• Low-interest loan funds
• Loan insurance programs
• Partnerships with private entities
• purchase
• lease
• provision or acquisition of assistive technology
• other alternative funding mechanisms).

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Rehabilitation Act of 1973

• Disability is a natural part of the human
  experience and in no way diminishes the right of
  individuals to
• live independently
• enjoy self determination
• make choices
• pursue meaningful careers
• enjoy full inclusion and integration in the
  economic, political, social, cultural, and
  educational mainstream of American society

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Age of Technology

• During the past decade, there have been major
  advances in modern technology. Technology is now
  a powerful force in the lives of all residents of
  the United States. Technology can provide
  important tools for making the performance of
  tasks quicker and easier.

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Benefits of AT

• Greater control over their lives
• Participation in, and contribute more fully to,
  activities in their home, school, and work
  environments, and in their communities
• Interact to a greater extent with individuals who
  do not have disabilities and
• Otherwise benefit from opportunities that are
  taken for granted by individuals who do not have
  disabilities

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AT Development

• Adaptations to existing equipment, that
  significantly benefit individuals with
  disabilities of all ages
• Devices can be used to increase the involvement
  of such individuals in, and reduce expenditures
  associated with, programs and activities such as
  early intervention, education, rehabilitation and
  training, employment, residential living,
  independent living, recreation, and other aspects
  of daily living

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Technology-Related Assistance Programs

• Most states have carried out these programs under
  this act. In spite of the efforts made by such
  programs, there remains a need to support systems
  change and advocacy activities in order to assist
  States to develop and implement consumer
  responsive, comprehensive statewide programs of
  technology related assistance for individuals
  with disabilities of all ages.

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Limitations

• Lack of resources to pay for assistive technology
  devices and assistive technology services
• Lack of trained personnel to assist individuals
  with disabilities to use such devices and
  services
• Lack of information among individuals with
  disabilities and persons involved in advocating
  for these persons

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Limitations

• There are insufficient incentives for the
  commercial pursuit of the application of
  technology devices to meet the needs of
  individuals with disabilities, because of the
  perception that such individuals constitute a
  limited market

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Policy

• It is the policy of the United States that all
  programs, projects, and activitiesshall be
  consumer responsive andcarried out in a manner
  consistent with the principles of
• respect for individual dignity, personal
  responsibility, self-determination, and pursuit
  of meaningful careers, based on informed choice,
  of individuals with disabilities
• respect for the privacy, rights, and equal access
  (including the use of accessible formats), of
  such individuals
• inclusion, integration, and full participation of
  such individuals
• support for the involvement of a family member, a
  guardian, an advocate, or an authorized
  representative, if an individual with a
  disability requests, desires, or needs such
  support
• support for individual and systems advocacy and
  community involvement

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Assistive Technology Device

• 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 functional capabilities of
  individuals with disabilities.

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Categories of AT Devices

• Computer Access - software, hardware, and special
  instruments that make computers accessible

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Categories of AT Devices

• Mobility - aids, devices, and methods that
  provide alternative means for walking, standing,
  or transferring

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Categories of AT Devices

• Communication - aids, devices, and methods that
  enhance personal expressive communication

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Categories of AT Devices

• Job Accommodation - aids, devices, and methods
  that help people carry out work-related tasks

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Categories of AT Devices

• Seating - modifications to wheelchairs or other
  seating systems that provide greater body
  stability, upright posture or reduction of
  pressure on the skin surface

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Categories of AT Devices

• Education - educational and vocational resources,
  services, and products for use in assessments and
  training

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Categories of AT Devices

• Transportation - register vehicles, accessories,
  and services that assist people travel

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Categories of AT Devices

• Recreation - aids, devices, and methods used for
  recreation, sports, and leisure

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Categories of AT Devices

• Adaptive Switches - switches used to control
  computers, environmental control units, adaptive
  toys, communication devices, etc

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Categories of AT Devices

• Architectural Elements - structural adaptations
  to the home or work site that remove or reduce
  physical barriers

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Categories of AT Devices

• Therapeutic Aids - aids, devices, and methods
  that assist in therapy treatments

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Categories of AT Devices

• Therapeutic Aids - aids, devices, and methods
  that assist in therapy treatments

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Categories of AT Devices

• Orthotics/Prosthetics - aids, devices, and
  methods that replace or augment missing or
  non-functioning body parts

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Assistive Technology Services

• An assistive technology service means any service
  that directly assists an individual with a
  disability in the selection, acquisition, or use
  of an assistive technology device.

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AT Services

• Evaluation of needs of an individual
• Purchase, lease, or other acquisition of devices
• Selection, design, fit, customization,
  adaptation, application, maintenance, repair, or
  replacement of devices
• Coordination and use of other therapies,
  interventions, or services
• Training or technical assistance for individuals
  with disabilities and their families
• Training or technical assistance for
  professionals, employers, and other service
  providers

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Advocacy Services

• Assist individuals with disabilities in accessing
  AT devices and services
• Sources
• individual case management for individuals with
  disabilities
• representation of individuals with disabilities
• training of individuals with disabilities to
  successfully conduct advocacy for themselves
• dissemination of information