Assistive tech law

SAMANTHA FECICH M.ED.

Assistive Tech Law

•CIVIL RIGHTS LEGISLATION•EDUCATIONAL LEGISLATION• TECHNOLOGY LEGISLATION

Federal legislation that impacts Assistive Technology falls into three general areas:

•2 0 0 8 – A M E R I C A N S W I T H D I S A B I L I T I E S A M E N D M E N T A C T O F 2 0 0 8 ( P. L . 1 1 0 - 3 2 5 ) •1 9 9 8 – A M E N D M E N T T O S E C T I O N 5 0 8 O F T H E R E H A B I L I TAT I O N A C T ( PA RT O F T H E W O R K F O R C E I N V E S T M E N T A C T O F 1 9 9 8 ) ( P. L . 1 0 5 - 2 2 0 )

•1 9 9 2 – R E A U T H O R I Z AT I O N O F T H E R E H A B I L I TAT I O N A C T O F 1 9 7 3 ( P. L . 1 0 2 - 5 6 9 )

•1 9 9 0 – T H E A M E R I C A N S W I T H D I S A B I L I T I E S A C T ( P. L . 1 0 1 - 3 3 6 )

•1 9 8 6 – A M E N D M E N T S T O T H E R E H A B I L I TAT I O N A C T O F 1 9 7 3 ( P. L . 9 9 - 5 0 6 ) F O C U S O N S E C T I O N 5 0 8

•1 9 7 3 – S E C T I O N 5 0 4 O F T H E VO C AT I O N A L R E H A B I L I TAT I O N A C T ( P. L . 9 3 - 1 1 2 )

Civil Rights Legislation

•2 0 0 4 – T H E I N D I V I D U A L S W I T H D I S A B I L I T I E S E D U C AT I O N I M P R O V E M E N T A C T O F 2 0 0 4 ( P. L . 1 0 8 - 4 4 6 )

•2 0 0 1 – N O C H I L D L E F T B E H I N D A C T ( P. L . 1 0 7 - 1 1 0 )

•1 9 9 8 – C A R L D . P E R K I N S V O C AT I O N A L A N D T E C H N I C A L A C T O F 1 9 9 8 ( P. L . 1 0 1 - 3 9 2 )

•1 9 9 7 – I N D I V I D U A L S W I T H D I S A B I L I T I E S E D U C AT I O N A C T A M E N D M E N T S O F 1 9 9 7 ( P. L . 1 0 5 - 1 7 )

•1 9 9 1 – I N D I V I D U A L S W I T H D I S A B I L I T I E S E D U C AT I O N A C T A M E N D M E N T S O F 1 9 9 1 ( P. L . 1 0 2 - 1 1 9 )

•1 9 9 0 – I N D I V I D U A L S W I T H D I S A B I L I T I E S E D U C AT I O N A C T ( P. L . 1 0 1 - 4 7 6 )

•1 9 8 6 – H A N D I C A P P E D I N FA N T S A N D T O D D L E R S A C T ( P. L . 9 9 - 4 5 7 )

•1 9 7 5 – T H E E D U C AT I O N F O R A L L H A N D I C A P P E D C H I L D R E N A C T ( P. L . 9 4 -1 4 2 )

Educational Legislation

•2010 – TWENTY-F IRST CENTURY COMMUNI CATIONS AND VI DEO ACCESSI BI L I TY ACT OF 2010 (P.L . 111 -260 )

•2004 – ASSIST I VE TECHNOLOGY ACT OF 2004 (P.L .108 -364 )

•1998 – ASSIST I VE TECHNOLOGY ACT OF 1998 (P.L .105 -394 )

•1996 – TELECOMMUNICATIONS ACT OF 1996 (P.L .104 -104 )

•1994 – TECHNOLOGY-RELATED ASSISTANCE FOR INDI VI DUALS WITH DISABI LI T IES ACT AMENDMENTS OF 1994 (P.L . 103 -218 )

•1988 – THE TECHNOLOGY-RELATED ASSI STANCE FOR INDI VI DUALS WITH DISABI LI T IES (P.L . 100 -407 )

Technology Legislation

AT Law

This course will focus on these laws Americans with Disabilities Act (PL 101-336) Tech Act (PL 100-407) IDEA Section 504 of the Rehabilitation Act of 1973

Americans with Disabilities Act (PL 101-336)

Known as “ADA”Signed into law in 1990. It had broadened the types of agencies covered

by Section 508 requirements and mandates items such as communication systems.

The act states there is a “need for persons who are aware of technological modifications, so they can teach others about technology awareness and provide consultation for people with disabilities.

•THIS LAW PROTECTS AMERI CANS WITH DISABIL IT IES NO MAT TER THEIR AGE.o THIS LAW DEFINES A D ISABIL ITY BROADLY AS SOMEONE WITH AN I MPAIRMENT THAT S IGNIFICANTLY L IMIT ONE OR MORE L I FE ACTIVATES. THIS CAN INCLUDE:

o Walkingo Seeingo Hearingo Learning

o But applies to public and private sectors such as libraries, state and local governments, restaurants, hotels, transportation systems, and stores.

ADA

oIT IS ALSO EMPHASIZES COMMUNICATION WHI CH REQUIRES THAT CLOSED CAPTI ONI NG BE PROVIDED TO HELP INDI VI DUALS WHO ARE DEAF AND HARD OF HEARI NG .oADA ALSO REQUIRES THAT EMPLOYERS DO NOT DISCRIMINATE AGAINST HIRING AN INDI VI DUAL WI TH A D ISABIL ITY.o ADA ALSO ENSURES THAT BUI LDINGS ARE FULLY ACCESSIBLE FOR PEOPLE WI TH DI SABI LI T I ES USING THE FOLLOWI NG:

o Rampso Elevatorso Curb cuts

ADA

Tech Act (PL 100-407)

Signed into law in 1988 and was amended in 1994. The main purpose of this act was to provide

financial assistance to the states so that they are able to conduct the necessary assessments, identify technology resources, and provide assistive technology services, and conduct public awareness programs.

The act also states that persons must “provide a variety of technical assistance to children (and adults) with disabilities and their parents and guardians.

Also, provide services such as evaluate, purchase, lease, design, fabricate, training, technological assistance to persons who use assistive technology.

o P.L . 100 -407 , THE TECHNOLOGY-RELATED ASSISTANCE FOR INDIVIDUALS WITH DISABILITIES ACT OF 1988 WAS PASSED AND S IGNED INTO LAW IN OCTOBER 1988 . o PROVIDES FUNDING TO DEVELOP STATEWIDE , CONSUMER-RESPONSIVE INFORMATION AND TRAINING SYSTEMS DESIGNED TO MEET THE ASSISTIVE TECHNOLOGY NEEDS OF INDIVIDUALS WITH DISABILITIES. oTHE PURPOSE OF THE TECH ACT IS TO:

o Increase awareness of the needs of individuals with disabilities for assistive technology devices and services

o Increase awareness of policies and procedures that facilitate or impede the acquisition of assistive technology

o Improve the availability of and funding for assistive technologyo Expand the knowledge of efficient applications of assistive technology

devices and serviceso Promote coordination among state agencies and public and private

entities that provide assistive technology devices and services.

Tech Act

CONGRESS NOTED EIGHT F I NDINGS WITHIN P.L . 100 -407 : 1 . DURING THE PAST DECADE THERE HAVE BEEN MAJOR ADVANCES IN TECHNOLOGY. 2 . TECHNOLOGY BENEFI TS ALL INDIVIDUALS. 3 . FOR SOME INDIVI DUALS WITH DISABILI T IES, ASSIST IVE TECHNOLOGY I S A NECESSITY THAT ENABLES THEM TO ENGAGE IN OR PERFORM MANY TASKS. TASKS L I STED INCLUDE THOSE AT HOME, SCHOOL, WORK, AND I N COMMUNITIES. 4 . THERE ALREADY EXISTS A SUBSTANTIAL NUMBER OF ASSI ST IVE TECHNOLOGY DEVICES THAT COULD BE USED IN EARLY I NTERVENTI ON AND EDUCATI ON, REHABIL ITATION AND TRAINING, EMPLOYMENT, RESIDENTIAL L I V ING, INDEPENDENT L I V ING, RECREATI ON, AND OTHER ASPECTS OF DAI LY L I V ING.

Tech Act

C O N G R E S S N O T E D E I G H T F I N D I N G S W I T H I N P. L . 1 0 0 - 4 0 7 :

5 . THE USE OF ASSI ST IVE TECHNOLOGY DEVI CES AND SERVI CES BY INDI VIDUALS WI TH DI SABIL IT IES CAN REDUCE THE COSTS OF DI SABIL IT IES. 6 . MANY INDI VIDUALS WI TH DI SABI LI T I ES DO NOT HAVE ACCESS TO THE ASSIST I VE TECHNOLOGY DEVICES AND SERVI CES NEEDED TO ALLOW SUCH INDIVIDUALS TO FUNCTI ON IN SOCIETY COMMENSURATE WITH THEI R ABI L I T I ES7 . THERE ARE INSUFFICIENT I NCENTIVES FOR COMMERCIAL PURSUI T OF THE APPLI CATION OF TECHNOLOGY DEVICES BECAUSE OF THE L IMITED MARKETS. 8 . AT THE FEDERAL LEVEL , THERE I S A LACK OF COORDINATION AMONG AGENCI ES THAT PROVIDE OR PAY FOR THE PROVISI ON OF ASSIST I VE TECHNOLOGY.

Tech Act

oON MARCH 9 , 1994 , PRESIDENT CLINTON SI GNED THE TECHNOLOGY-RELATED ASSI STANCE FOR INDIVIDUALS WI TH DISABIL IT IES ACT AMENDMENTS OF 1994 . o THIS AMENDMENT EMPHASIZED ADVOCACY o THE AMENDMENTS REQUIRE STATES TO PERFORM SIX SPECI FI C SYSTEMS CHANGE AND ADVOCACY ACTI VI T I ES :1. DEVELOP AND MONITOR POLICI ES AND PROCEDURES

THAT WI LL I MPROVE ACCESS TO AND FUNDING FOR ASSI ST IVE TECHNOLOGY DEVI CES AND SERVICES.

2. DEVELOP AND I MPLEMENT STRATEGIES TO OVERCOME FUNDING BARRIERS, WITH PARTI CULAR EMPHASIS ON OVERCOMI NG BARRI ERS FOR UNDERREPRESENTED AND RURAL POPULATI ONS.

3. COORDINATE ACTI VIT I ES AMONG STATE AGENCI ES TO INCREASE ACCESS TO, PROVIS ION OF, AND FUNDING FOR ASSISTIVE TECHNOLOGY DEVICES AND SERVICES.

Technology Act Amendment

oT H E A M E N D M E N T S R E Q U I R E S TAT E S T O P E R F O R M S I X S P E C I F I C S Y S T E M S C H A N G E A N D A DVO C A C Y A C T I V I T I E S :

4 . E M P O W E R I N D I V I D UA L S W I T H D I S A B I L I T I E S T O S U C C E SS F U L LY A DVO C AT E F O R I N C R E A S E D A C C E SS T O A N D F U N D I N G F O R A SS I S T I V E T E C H N O L O GY, A S W E L L A S T O I N C R E A S E T H E I R PA RT I C I PAT I O N, C H O I C E , A N D C O N T R O L I N T H E S E L E C T I O N A N D P R O C U R E M E N T O F A SS I S T I V E T E C H N O L O GY D E V I C E S A N D S E RV I C E S.

5 . P R OV I D E O U T R E A C H T O U N D E R R E P R E S E N T E D A N D R U R A L P O PU L AT I O N S T H R O U G H I D E N T I F I C AT I O N A N D A SS E SS M E N T O F T H E I R N E E D S, I N C R E A S I N G A C C E SS I B I L I T Y O F S E RV I C E S, T R A I N I N G O F R E P R E S E N TAT I V E S O F S U C H P O PU L AT I O N S, A S W E L L A S T R A I N I N G O F T E C H A C T P R O J E C T S ' S TA F F T O W O R K W I T H S U C H P O PU L AT I O N S.

6 . D E V E L O P A N D I M P L E M E N T S T R AT E G I E S T O E N S U R E T I M E LY A C Q U I S I T I O N A N D D E L I V E RY O F A SS I S T I V E T E C H N O L O GY D E V I C E S A N D S E RV I C E S W I T H S P E C I A L E M P H A S I S O N C H I L D R E N.

Technology Act Amendment

IDEA

Authorizes that “assistive technology needs of all students be considered although assistive technologies are frequently though to be relevant for children with physical disabilities, sensory/health impairments, and communication disabilities.”

Assistive technology should be considered for the above, but not limited to the above disabilities, students who have learning disabilities may also be in need of assistive technology. (PL105-17, Section 1414 (d) (3) (B) (v)).   

IDEA

There are several principles that were passed with IDEA: Zero Reject Free Appropriate Public Education (FAPE) Least Restrictive Environment (LRE) Nondiscriminatory Evaluation Parent and Family right to confidentiality Procedural Safeguards

Zero Reject

Entitles that all students with disabilities, even those in private schools to a free public education regardless of the nature or severity of their disability.

In order to accomplish this, states have in place a child find system.

Child find system – a set of procedures for alerting the public to services that are available for students with disabilities.

FAPE

All students with disabilities are entitled to a free and appropriate education

This means that parents can not be asked to pay for special education services

FAPE also clarifies that each student’s education must include Special education through specially designed instruction Related services Supplementary aides and services These elements are found in the Individual education

program (IEP)

Least Restrictive Environment (LRE)

Student must be in the educational setting most like that of typical peers to ensure success with the needed supports and services.

These educational settings can include: General education all day General education ½ day Separate classroom Separate school

Nondiscriminatory Evaluation

Rights of students and parents to ensure that any assessment completed by Special Ed. is unbiased.

This law ensures: Test are administered in their native language Tests are appropriate for child’s age and characteristics. A knowledgeable professional administers the test and

reviews the results Assessment occurs in all areas of the disability (IE.

Intelligence test, reading test, range of motion)

Parent and Family Right to Confidentiality

Information regarding the student needs to remain confidential

Parents have the right to view and obtain copies of any records regarding their child with a disability.

Also once records are no longer needed – a procedure must be in place to destroy the records.

Procedural Safeguards

Parents must be given the procedural safeguards.

These include a full explanation of all of the rights available to parents of a child with a disability ages 3-21 when their child has been referred for or is receiving special education services.

Teachers are required to have parents sign a statement in the IEP that they have received the Procedural Safeguards.

Parents may have multiple copies at home and may prefer not to take another.

oT H IS LAW GUA R A NT E E S T H E C I V I L R I GH T S OF CH I LD R E N A ND A D U LT SoT H IS LAW I S T H E F I R S T C IV IL R IGH T S LE GI S LAT I ON IN T H E U S D E S IGNE D T O PR O T E C T T H OS E W I T H D I S A BIL I T I E S. oT H IS LAW BR OA D LY D E FI NE S A N IND I V I D UA L W IT H A D IS A BI L I T Y A S S OM E O NE W I T H A N IM PA I R M E NT T H AT S I GNI F IC A NT LY L I MI T O NE O R M OR E L I FE A CT I VAT E S. T H I S C A N I NCLU D E :

o Walkingo Seeingo Hearingo Learning

o This law also protects from discrimination from federal funding including public schools.

Section 504 of the Rehabilitation Act of 1973

oAN EXAMPLE OF THI S LAW CAN I NCLUDE:o A student can be served under section 504 if they are an average

student with diabetes. This law requires the school district to ensure that school professional understand the student's needs, access to all is medical needs, and student is required to use the restroom.

Section 504 of the Rehabilitation Act of 1973