Transcript The IDEA, 504, and Assistive Technology - SWAAAC

The IDEA, 504, the ADA and
Assistive Technology
Assistive technology device:
Any item, piece of equipment, or
product system, whether acquired
commercially or off the shelf,
modified or customized, that is
used to increase, maintain, or
improve the functional capabilities
of a child with a disability.
AT Service
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Any service that directly assists a child a
child with a disability in the selection,
acquisition, or use of an assistive
technology device.
AT services include:
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Evaluating AT needs of student,
including functional evaluation in
student’s customary environment;
purchasing, leasing or otherwise
providing for acquisition of AT devices;
selecting, designing, fitting,
customizing, adapting, applying,
maintaining, repairing, or replacing AT
devices;
AT services include;
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Coordinating and using other therapies,
interventions, or services with AT
devices such as those associated with
education and rehabilitation plans and
programs;
training or TA for student or, where
appropriate, the family;
training or TA for professionals
(educators, rehabilitation personnel,
employers and others).
Under the IDEA AT can be:
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Special education: specially designed
instruction to meet student’s needs.
related services: services student needs
to benefit from special education.
supplementary aids or services: aids or
services provided in regular education
classes or other education-related
settings to enable the student to be
educated with students without
disabilities.
Examples of assistive
technology
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Calculators
large print books
adapted spoons
auditory FM trainer
closed circuit TV
head pointers
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Electronic notetakers
cassette recorders
word prediction
software
adapted keyboards
voice recognition
and synthesis
software
IDEA: AT does not include:
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Medical device that is surgically implanted or
replacement of the device;
School not responsible for post-surgery
maintenance, programming or replacement;
but
School must ensure that external components
are functioning properly.
Hearing Aids
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School must ensure hearing aids worn
in school are functioning properly.
IDEA: how to get AT
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School Assessment: IEP team must
assess the student’s functional
capabilities and whether they may be
increased, maintained, or improved
through the use of AT devices or
services. [OSEP Letter to Fisher, 23
IDELR 565 (1995)]
Independent assessment.
Individualized Educational
Program
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AT is a special
factor, this means
the IEP team must
specifically consider
whether the student
requires AT devices
and services.
IEP team must approve AT
device or service if:
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It is needed to
ensure reasonable
educational progress
in the least
restrictive setting.
IEP must include:
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the special
education and
related services and
supplementary aids
and services.
Projected date when
services begin and
the frequency,
location, and
duration of services.
Special Issues
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Home use OK if IEP
team determines the
AT is needed at
home for FAPE.
Ownership: AT is
school property, but
school may transfer
ownership to
student.
Damage: school
can’t charge for
normal wear and
Section 504
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No otherwise qualified individual with a
disability in the United States …shall,
solely by reason of his or her disability,
be excluded from the participation in,
be denied the benefits of, or be
subjected to discrimination under any
program or activity receiving federal
financial assistance...
Title II of the Americans with
Disabilities Act
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Prohibits discrimination by public
entities.
Public entities are State or local
government and any department,
agency, special purpose district, or
other instrumentality of a State or local
government.
ADA Title III Public
Accommodations
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Covers places of
education and
elementary and
secondary private
schools, day care
programs.
Nondiscrimination
504/ADA Disability
A person has a physical or mental
impairment that substantially
limits a major life activity.
IDEA
An appropriate education means
providing special education and
the related services the student
needs to benefit from the special
education program. Services
developed and provided through
IEP.
IDEA Disability
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Child has an impairment (such as mental
retardation, hearing impairments, speech and
language impairments, visual impairments,
serious emotional disturbance, orthopedic
impairments, autism, TBI, OHI, or specific
learning disabilities), AND
because of having an impairment the child
needs special education and related services.
Appropriate public education
under 504/ADA
Means meeting the individual
needs of students with disabilities
as adequately as the needs of
students without disabilities are
met.
504/ADA Requires
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Providing general or special education
and related aids and services that are
designed to meet the individual
educational needs of students with
disabilities as adequately as the needs
of students without disabilities are met.
Means providing accommodations and
auxiliary aids and services.
504/ADA and LRE
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Students with disabilities receive services, to
maximum extent appropriate, with students
without disabilities.
Includes nonacademic and extracurricular
activities like meals, recess, counseling
services, transportation, health services,
athletics, recreational activities, clubs or
special interest groups.
IDEA vs. 504/ADA
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Eligibility means having
a condition requires
special
education/related
services.
FAPE: providing special
education and related
services.
IEP
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Requires having a
condition that
substantially limits a
major life function.
Meeting needs as
adequately as needs
of students w/o
disabilities are met.
504 Plan documents
accommodations and
services.
General education
responsibility.
Auxiliary aids and services
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Qualified interpreters
notetakers
transcription services
taped texts
readers
videotext displays
television enlargers
talking calculators
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Electronic readers
Braille calculators,
printers, type writers
telephone hand set
amplifiers
closed captioned
decoders
open and closed
captioning
More Auxiliary aids and
services
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Voice synthesizers
specialized gym
equipment
calculators or
keyboards with
enlarged buttons
reaching devices for
library use
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Raised line drawing
kits
assistive listening
devices
assistive listening
systems
TDDs
Asthma substantially limits
breathing
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Modify recess, PE
Provide inhalant
therapy assistance
Administer
medication, as
prescribed
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Develop health care
and emergency plan
Provide rest periods
Remove allergens
Arthritis pain limits performing
manual tasks
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Accommodate
absences for doctor’s
appointments
Modified PE
Assistance carrying
books
Provide modified
eating utensils
Notetaker, taped
texts, lectures
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Assistive technology
for writing:
computer, pencil grip
Supply extra set of
books for home use
Bathroom
accommodations,
locate class near
rest room.
Physical disability that limits
walking, fine motor skills
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Provide assistive
technology
Physical therapy
Assist with carrying
books or lunch trays
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Arrange for use of
ramps, elevators
Relocate classes
Extra time between
classes
Epilepsy: student has periodic
seizures limit learning
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Monitor/distribute
medications as
prescribed
Train staff and
children and prepare
emergency plan
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Provide rest time
and academic
considerations
following seizures.
Provide plan to
makeup work do the
student can catch
up with peers.
Appeal Procedures
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Mediation
Due Process Hearing
CDE Complaint Process
Office for Civil Rights Complaint
Court (usually must exhaust
administrative procedures first)