Thursday, November 28, 2013

What Does the Law Say About Assistive Technology?

The Federal government is fully aware of the potential of assistive technology for students in the 1997 reauthorization of the Individuals with Disabilities Education Act (IDEA), which mandates that assistive technology devices and services be considered for each child with a disability. The 1997 amendments manifest a shift in focus about how assistive technology is to be used. Instead of it being considered as just a rehabilitative or remedial tool, assistive technology is now reflected in the student’s Individual Education Plan (IEP) as a method for general curriculum access. Rather than just specifying a student’s special education services, the IEP must include information about a student's current abilities and how his or her disability affects involvement and progress in the general curriculum. The IEP must also include the program modifications and supports the school and teachers will provide to help a student’s involvement and progress in the general curriculum.
The use of Assistive Technology is supported by other federal laws. The Americans with Disabilities Act (ADA) and Section 504 0f the Rehabilitation Act requires schools to provide assistive technology for students with disabilities. This is to assure equal access, and remove barriers to programs and services.
Instructional issues are at the heart of this challenge which requires that educators should look at the curriculum, and then ask how assistive tools might assist students in achieving the outcomes. The remedial approach combined with traditional assistive technology applications is no longer the main goal in finding appropriate assistive technology for the students. This change in focus on assistive technology in the IDEA shows what school-based professionals have found after years of experience.
In any situation, when considering assistive technology for a student, the focus should be on what the device does for that person, and not on the device or the technology itself. Assistive technology is merely the support to get the job done more independently. It can reduce a student’s reliance on parents, siblings, friends and teachers, helping in the transition into adulthood, and fostering self-esteem and reducing anxiety.
What is the Legal Definition of Assistive Technology
The Technology Related Assistance Act of 1988 (P.L. 101-407) and the Assistive Technology Act of 1998 (P.L. 105-394) provide a standard definition of assistive technology as “any item, piece of equipment, or product, whether acquired commercially, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of individuals with disabilities.”
Assistive Technology Service
An assistive technology service is any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. The term includes:
  • The evaluation of the needs of a child with a disability, including a functional evaluation of the child in the child's customary environment
  • Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by children with disabilities
  • Selecting, designing, fitting, customizing, adapting, applying, retaining, repairing, or replacing assistive technology devices
  • Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs
  • Training or technical assistance for a child with a disability or, if appropriate, that child's family
  • Training or technical assistance for professionals (including individuals providing education or rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of children with disabilities
Learn more about Assistive Technology Services by visiting www.PracticalATSolutions.com.
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