Transcript The IDEA, 504, the ADA and Assistive Technology

The IDEA, 504, the ADA and
By
Assistive Technology
Randy Chapman
The Legal Center for
People with
Disabilities and Older
People
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
capabilitiies of a child with a disability.
AT Service
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Any service that directly assists 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: 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 us 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 tear.
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 the 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.
Free appropriate public educaion
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 FAPE
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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.
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 requiring
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.
FAPE: 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, typewriters
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
accommodation, locate
class near restroom
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 limiting 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 consideration
following seizures,
Provide plan to makeup
work so the student can
catch up with peers.
Parent who is blind entitled to
Braille copies of:
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Copies of IEPS
Parent handbook
Model for requesting due process
Information about low cost or free legal
services (35 IDELR 279)
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)