1. JACK O’CONNELL State Superintendent of Public Instruction 1 Funding Assistive Technology for Students with Visual Impairments with Low Incidence Funds

2. JACK O’CONNELL State Superintendent of Public Instruction 2 State Funding The California Department of Education (CDE) receives funding to allocate to Special Education Local Plan Areas (SELPA) for specialized equipment, books and materials. The funding is included as a line item in the State Budget each year. The 2012-13 budget included $15,195,000 for this item.

3. JACK O’CONNELL State Superintendent of Public Instruction 3 State Funding The funding is to supplement, not supplant other funding. The funding is for students with Individualized Education Programs (IEP) with low incidence disabilities reported in Disability 1 and 2 on the CASEMIS report.

4. JACK O’CONNELL State Superintendent of Public Instruction 4 Legislaltion 56026.5 “Low incidence disability” means a severe disabling condition with an expected incidence rate of less than one percent of the total statewide enrollment in kindergarten through grade 12. For purposes of this definition, severe disabling conditions are hearing impairments, vision impairments, and severe orthopedic impairments, or any combination thereof. For purposes of this definition, vision impairments do not include disabilities within the function of vision specified in Section 56338.

5. JACK O’CONNELL State Superintendent of Public Instruction Assistive Technology Device 56020.5 " Assistive technology device," as provided in paragraph (1) of Section 1401 of Title 20 of the United States Code, means any item, piece of equipment, or product system, whether acquired commercially without the need for modification, modified, or customized, that is used to increase, maintain, or improve functional capabilities of an individual with exceptional needs. 5

6. JACK O’CONNELL State Superintendent of Public Instruction Assistive Technology Device The term does not include a medical device that is surgically implanted, or the replacement of that device. 6

7. JACK O’CONNELL State Superintendent of Public Instruction 7 Legislation 56836.22 (a) Commencing with the 1985-86 fiscal year, and for each fiscal year thereafter, funds to support specialized books, materials, and equipment as required under the individualized education program for each pupil with low incidence disabilities, as defined in Section 56026.5, shall be determined by

8. JACK O’CONNELL State Superintendent of Public Instruction 8 Legislation dividing the total number of pupils with low incidence disabilities in the state, as reported on December 1 of the prior fiscal year, into the annual appropriation provided for this purpose in the Budget Act.

9. JACK O’CONNELL State Superintendent of Public Instruction 9 Legislation (b) The per-pupil entitlement determined pursuant to subdivision (a) shall be multiplied by the number of pupils with low incidence disabilities in each special education local plan area to determine the total funds available for each local plan. (c) The superintendent shall apportion the amount determined pursuant to subdivision (b) to the special education local plan area for purposes of purchasing and coordinating the use of specialized books, materials, and equipment.

10. JACK O’CONNELL State Superintendent of Public Instruction 10 Legislation (d) As a condition of receiving these funds, the special education local plan area shall ensure that the appropriate books, materials, and equipment are purchased, that the use of the equipment is coordinated as necessary, and that the books, materials, and equipment are reassigned to local educational agencies within the special education local plan area once the agency that originally received the books, materials, and equipment no longer needs them.

11. JACK O’CONNELL State Superintendent of Public Instruction 11 Legislaltion 56341.1 (b) The individualized education program team shall do the following: (5) Consider whether the pupil requires assistive technology devices and services as defined in Section 1401(1) and (2) of Title 20 of the United States Code.

12. JACK O’CONNELL State Superintendent of Public Instruction Legislation (c) If, in considering the special factors described in subdivisions (a) and (b), the individualized education program team determines that a pupil needs a particular device or service, including an intervention, accommodation, or other program modification, in order for the pupil to receive a free appropriate public education, the individualized education program team shall include a statement to that effect in the pupil's individualized education program. 12

13. JACK O’CONNELL State Superintendent of Public Instruction 13 Funding Funding does not have to be divided equally among the number of students with low incidence disabilities as reported on CASEMIS. Funding may be spent on only a few students with high needs. Funding must be spent on students with an Individualized Education Program (IEP). Funding may not be spent on students with a 504 plan.

14. JACK O’CONNELL State Superintendent of Public Instruction 14 Funding Funds may be carried over to the next year. Funding goes out as an apportionment from CDE to SELPAs. Students may not keep the equipment beyond high school. Parents may not purchase the equipment.

15. JACK O’CONNELL State Superintendent of Public Instruction 15 AT Evaluations EC §§56020.5 and 56341.1 Title 5 §§3065 (b)(1) “Assistive technology service” means any service that directly assists an individual with exceptional needs in the selection or use of an assistive technology device that is educationally necessary.

16. JACK O’CONNELL State Superintendent of Public Instruction AT Evaluations The term includes the evaluation of the needs of an individual with exceptional needs including a functional evaluation of the individual in the individual's customary environment; coordinating and using other therapies, interventions, or services with assistive technology devices, 16

17. JACK O’CONNELL State Superintendent of Public Instruction AT Evaluations (2) Assistive technology services shall be provided only by personnel who possess a: (A) license in Physical Therapy issued by a licensing agency within the Department of Consumer Affairs, where the utilization of assistive technology services falls within the scope of practice of physical therapy as defined in Business and Professions Code section 2620 and implementing regulations; or 17

18. JACK O’CONNELL State Superintendent of Public Instruction AT Evaluations (B) license in Occupational Therapy issued by a licensing agency within the Department of Consumer Affairs; or (C) license in Speech-Language Pathology issued by a licensing agency within the Department of Consumer Affairs or a valid document, issued by the California Commission on Teacher Credentialing, where the function of the assistive technology service is augmentative communication; or 18

19. JACK O’CONNELL State Superintendent of Public Instruction AT Evaluations (D) baccalaureate degree in engineering with emphasis in assistive technology; or (E) baccalaureate degree in a related field of engineering with a graduate certificate in rehabilitation technology or assistive technology; or 19

20. JACK O’CONNELL State Superintendent of Public Instruction AT Evaluations (F) certification from the Rehabilitation Engineering and Assistive Technology Society of North America and Assistive Technology Provider (RESNA/ATP); or (G) a certificate in assistive technology applications issued by a regionally accredited post-secondary institution; or (H) a credential that authorizes special education of physically handicapped, orthopedically handicapped, or severely handicapped pupils. 20

21. JACK O’CONNELL State Superintendent of Public Instruction 21 Other School Activities and AT The IEP should also indicate any educational need for use of the AT at home. The AT must be considered a part of the requirements for a student with an IEP to a Free and Appropriate Public Education (FAPE).

22. JACK O’CONNELL State Superintendent of Public Instruction 22 Sharing Equipment (d) As a condition of receiving these funds, the special education local plan area shall ensure that the appropriate books, materials, and equipment are purchased, that the use of the equipment is coordinated as necessary, and that the books, materials, and equipment are reassigned to local educational agencies within the special education local plan area once the agency that originally received the books, materials, and equipment no longer needs them.

23. JACK O’CONNELL State Superintendent of Public Instruction 23 Sharing Equipment (e) It is the intent of the Legislature that special education local plan areas share unused specialized books, materials, and equipment with neighboring special education local plan areas.

24. JACK O’CONNELL State Superintendent of Public Instruction 24 The Special Education Division Website cde.ca.gov/sp/se Linda Wyatt, Ed.D., Consultant Special Education Division 916- 322-3254 lwyatt@cde.ca.gov