Historical and Legal Perspectives of Assistive Technology BJ Gallagher, Ph.D., CCC-SLP

Advance Organizer n What is the legal history supporting Assistive Technology in Education? n What does IDEA Mandate Concerning Devices? n What does IDEA Mandate Concerning Services? n What is the Range of Services & Devices Considered?

Legal Perspectives of Assistive Technology n Rehabilitation Act of 1973, Section 504 n PL (1975) n PL ( Handicapped Infants and Toddlers At (1986) n Technology-Related Assistance for Individuals with Disabilities Act of 1988 n ADA (1990) n IDEA Definitions of AT devices and AT services

Rehabilitation Act of 1973, Section 504 n Individuals with disabilities cannot be excluded from participation in, denied benefits of, or subjected to discrimination under any program or activity receiving federal financial assistance. n Implications

P.L (1975) n A free and appropriate education must be provided for all children with disabilities in the United States ages u zero reject u nondiscriminatory evaluation u appropriate education u least restricted environment u due process u parent participation n Implications

PL (Handicapped Infants and Toddlers Act (1986) n Extended a free and appropriate education to infants and toddlers ages u parent- infant training centers u Individual Family Service Plans u in-home training for parents u emphasis on early intervention u expanded related services

Technology-Related Assistance for Individuals with Disabilities Act of 1988 n This law is intended to increase the availability of & funding for, u access to, and provision of Assistive Technology devices and services to individuals with disabilities. n The Tech Act has provided new opportunities for individuals with disabilities and their families to receive appropriate AT services and has placed emphasis on being responsive to the needs of consumers.

Tech-Related Act: Goals n Increase awareness of the needs of individuals with disabilities for AT n Increase awareness of policies, practices, and procedures that facilitate or impede the availability of AT n Increase the availability of, and funding for, the provision of AT n Increase the awareness and knowledge of the efficacy of AT services

Tech-Related Act: Goals n Increase u capacity of the public and private entities to provide tech-related assistance u coordination among state agencies ad public & private entities that provide AT u probability that individuals will be able to secure & maintain possession of AT devices

ADA Americans with Disabilities Act (1990) n ADA is a civil rights law for people with disabilities for the entire lifespan. n Under ADA, u people with disabilities are entitled to help or REASONABLE accommodations. u Protections are provided in private-sector employment, public services, and public accommodations, transportation, and telecommunications. u No funding.

IDEA: P.L n Continues rights of PL n Recognizes autism and traumatic brain injury n SPED expanded to include the workplace and training centers

IDEA: P.L n Related services expanded to include Audiology, counseling, early identification & assessment, medical services, OT, parent counseling, & training, PT, psychological services, AT, etc.

IDEA - Definitions n Assistive technology is “ 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 functional capabilities of individuals with disabilities (P.L )

IDEA’s Mandates Concerning AT Devices n Commercial u Off the shelf specialized for disabled u Off the shelf originally for general public benefit F Used as intended with and without modification F Used with unique application with and without modifications n Custom made or adapted specifically for one user’s unique needs

IDEA Mandates Concerning AT Services n Services u Evaluation u Training for users, support staff & families u Ordering devices or arranging specialized training & funding u Maintaining/repairing/replacement of devices u Integration of the A.T. into the curriculum

Consideration IDEA 2004 Integral part of the special educational process What does Consideration look like?

Range of Devices & Services Considered n No tech recommendations for curriculum modification & adaptations made n Low or light tech devices and/or services n Mid tech devices and services n High tech devices & services

No Child Left Behind of 2001 PL n Commonly known as NCLB, n United States federal law signed on January 8, 2002 that reauthorizes a number of federal programs aiming to improve the performance of U.S. primary and secondary schools primarysecondary schoolsprimarysecondary schools n Focus if on increasing the standards of accountability for states, school districts and schools, as well as providing parents more flexibility in choosing which schools their children will attend. statesschool districtsstatesschool districts

Goals of NCLB n enacts the theories of standards-based education reform, formerly known as outcome-based education, which is based on the belief that high expectations and setting of goals will result in success for all students standards-based education reformstandards-based education reform n Up for possible reauthorization in 2007

Key Components n Teacher Quality n Student Testing n Scientifically-based Research n Public School Choice

NCLB Goals for Enhancing Education Through Technology n The specific NCLB goals for Title II, Part D—Enhancing Education Through Technology are as follows: n Primary Goal - The primary goal of this part is to improve student academic achievement through the use of technology in elementary schools and secondary schools.

Additional Goals - The additional goals of this part are the following: n To assist every student in crossing the digital divide by ensuring that every student is technologically literate by the time the student finishes the eighth grade, regardless of the student's race, ethnicity, gender, family income, geographic location, or disability. n To encourage the effective integration of technology resources and systems with teacher training and curriculum development to establish research-based instructional methods that can be widely implemented as best practices by State educational agencies and local educational agencies.