Assistive Technology Legal Requirements and Implications   Team Teal EDIT 780 Assistive technology is used by many teachers in classrooms everyday. Often, it is used unknowingly or with the benefit of the entire students body in place. Assistive technology can provide immense benefit when used for differentiated learning and instruction. There are laws in place that affect when teachers and schools MUST use and provide assistive technology.

Topics Laws Governing Educational Assistive Technology Implications for Schools and Instructional Planning Quiz During this presentation you will learn about the laws that regulate when assistive technology must be used and provided for a student, and the implications of these laws for teachers and others in the school setting, and instructional designers.

Laws Governing Educational Assistive Technology Individuals with Disabilities Education Act (2004) Section 504 of Rehabilitation Act (1973) Technology-Related Assistance for Individuals with Disabilities Act (1998) (Tech Act) There are three federal statutes that regulate when assistive technology must be implemented and for whom it must be provided by a school or school district.

Laws: Individuals with Disabilities Education Act (2004) Defines Assistive Technology as: 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 the functional capabilities of a child with a disability. The term does not include a medical device that is surgically implanted, or the replacement of such device. Individuals with Disabilities Education Act, or IDEA applies to students in special education programs. These students have been identified as having a learning or physical disability and needing services to compensate for these disabilities. One of the many services these students have is a right to access assistive technology, if deemed necessary by the student’s IEP team. Take a look at how Assistive Technology is defined by the IDEA law.

Laws: Individuals with Disabilities Education Act (2004) IDEA assures that children with disabilities receive services to ensure that they receive a Free Appropriate Public Education (FAPE). Requires students with disabilities have a regularly reviewed Individual Education Plan (IEP). IEP review must evaluate is a student needs assistive technology. Under IDEA all students with disabilities are guaranteed to have access to a Free Appropriate Public Education. A team of skilled adults meets regularly to develop and execute an Individual Education Plan (IEP) This plan is a legally binding document and all provisions and services in the plan must be provided for the student. This can include assistive technology.

Laws: Individuals with Disabilities Education Act (2004) If IEP team determines a student needs assistive technology, it must be provided to the student at no cost. In some cases student must be allowed to take assistive technology home, if it is necessary to ensure FAPE. When developing an IEP for a student, it should be remembered that anything in the plan cannot cost the student anything, and access to the technology is not based on what is convenient for the school but what is necessary for the student to have access to a Free Appropriate Public Education. For more information about IDEA, click on the link in the bottom left corner of the slide. Read More

Laws: Section 504 of Rehabilitation Act Requires that any person with a disability be able to participate and receive equal benefits from any program that is federally funded. If a school district or charter school received federal funding, it must comply with this statute. Broadly requires all individuals with disabilities be provided with resources to accommodate their disability. Different that IDEA, Section 504 of the Rehabilitation Act applies to all organizations that receive federal funding. It requires that people with disabilities be able to equally benefit from the federally funded program just like people without disabilities.

Laws: Technology-Related Assistance for Individuals with Disabilities Act Provides assistive technology to any individual with a disability. While this law does not affect only K-12 educational settings, schools and students are affected and eligible to access funds for assistive technology. Like Section 504 of the Rehabilitation Act, the Technology-Related Assistance for Individuals with Disabilities Act, also known as the Tech Act, applies to both educational and non-educational settings.

Laws: Technology-Related Assistance for Individuals with Disabilities Act Defines Assistive Technology as: Any item, piece of equipment, or product system, whether acquired commercially, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities. This definition include “high-tech” and “low- tech” interventions. This is how the Tech Act defines assistive technology. Interventions may be high-tech or low-tech.

Implications Schools must evaluate if assistive technology is needed by a student. Assistive technology does not have to be the most advanced, so long as chosen technology is intentionally chosen based on the specific needs of the student. Assistive technology may be high or low tech. Assistive technology may not cost the student or the parent anything. As a result of these pieces of legislation, these are some of the implications for schools and instructional developers.

Implications Schools may file for reimbursement with the student’s or parent’s insurance or Medicare; the co-pays and deductibles cannot be charged to the student or the parent. Student must be allowed to take the assistive technology home, if doing so is necessary for satisfying FAPE requirements. Form more information about these or other implications for schools and instructional developers, click on the link in the bottom left corner. Read More

Additional Implications for Instructional Designers Web Content Accessibility Guidelines (WCAG) Assist with web-content accessibility, authoring tool accessibility, user agent accessibility, and mobile accessibility So, you may be asking yourself: what happens if the students who need assistive technologies are online learners or students we do not see face-to-face? There are additional implications for web content developers and web authoring tool developers. Professionals in these roles should follow the Web Content Accessibility Guidelines, or WCAG. The WCAG provide instructional designers with guidelines for web-content accessibility, authoring tool accessibility, user agent accessibility, and mobile accessibility, just to name a few. Click on the link in the bottom left corner to learn more. Read More

Additional Implications for Instructional Designers Guidelines are grouped under 4 principles: Perceivable Operable Understandable Robust The WCAG Guidelines are grouped under 4 principles. The first one is the design must be Perceivable: Information and user interface components must be presentable to users in ways they can perceive. Instructional designers may consider text alternatives, time-based media, and making content adaptable and distinguishable. The second is that the design must be Operable. User interface components and navigation must be operable. Instructional designers may consider keyboard accessibility, providing learners with enough time to read and use content, avoiding designing content that is known to cause seizures, and making the content easy to navigate. The third principle is that the design must be Understandable: Information and the operation of user interface must be understandable by users. Instructional designers may consider making the content readable and predictable, and also providing input assistance to help learners avoid making mistakes. The last principle is that the design must be Robust: Content must be robust enough that it can be interpreted reliably by a wide variety of user agents, including assistive technologies. The content must be compatible with current and future learners.

Legal Requirements Quiz

References Individuals with Disabilities Education Act, 20 U.S.C. § 1400 (2004) Section 504, Rehabilitation Act of 1973, 29 U.S.C. § 701(1973). Technology-Related Assistance for Individuals with Disabilities Act, 29 U.S.C. § 2202 (2004). Texas Assistive Technology Network. (2004). Providing assistive technology: A legal perspective. Retrieved September 19, 2016, from http://www.texasat.net/Assets/legalperspguides.pdf Mittler, J. (2007). Assistive technology and IDEA. In C. Warger (Ed.), Technology integration: Providing access to the curriculum for students with disabilities. Arlington, VA: Technology and Media Division (TAM).