Historical and Legal Perspectives of Assistive Technology

Historical and Legal Perspectives of Assistive Technology

BJ Gallagher, Ph.D., CCC-SLPBJ Gallagher, Ph.D., CCC-SLP

Advance OrganizerAdvance Organizer

What is the legal history supporting Assistive What is the legal history supporting Assistive Technology in Education?Technology in Education?

What does IDEA Mandate Concerning What does IDEA Mandate Concerning Devices?Devices?

What does IDEA Mandate Concerning What does IDEA Mandate Concerning Services?Services?

What is the Range of Services & Devices What is the Range of Services & Devices Considered?Considered?

Legal Perspectives of Assistive Technology

Legal Perspectives of Assistive Technology

Rehabilitation Act of 1973, Section 504Rehabilitation Act of 1973, Section 504 PL 94-142 (1975)PL 94-142 (1975) PL 94-457( Handicapped Infants and PL 94-457( Handicapped Infants and

Toddlers At (1986)Toddlers At (1986) Technology-Related Assistance for Technology-Related Assistance for

Individuals with Disabilities Act of 1988Individuals with Disabilities Act of 1988 ADA (1990)ADA (1990) IDEA 2004 - Definitions of AT devices and IDEA 2004 - Definitions of AT devices and

AT services AT services

Rehabilitation Act of 1973, Section 504Rehabilitation Act of 1973, Section 504 Individuals with disabilities cannot be Individuals with disabilities cannot be

excluded from participation in, denied excluded from participation in, denied benefits of, or subjected to discrimination benefits of, or subjected to discrimination under any program or activity receiving under any program or activity receiving federal financial assistance.federal financial assistance.

ImplicationsImplications

P.L. 94-142 (1975)P.L. 94-142 (1975)

A free and appropriate education must be A free and appropriate education must be provided for all children with disabilities in provided for all children with disabilities in the United States ages 6 - 21.the United States ages 6 - 21. zero rejectzero reject nondiscriminatory evaluationnondiscriminatory evaluation appropriate educationappropriate education least restricted environmentleast restricted environment due processdue process parent participationparent participation

ImplicationsImplications

PL 94-457(Handicapped Infants and Toddlers Act (1986)PL 94-457(Handicapped Infants and Toddlers Act (1986)

Extended a free and appropriate education Extended a free and appropriate education to infants and toddlers ages 3 - 5 .to infants and toddlers ages 3 - 5 . parent- infant training centersparent- infant training centers Individual Family Service PlansIndividual Family Service Plans in-home training for parentsin-home training for parents emphasis on early interventionemphasis on early intervention expanded related services expanded related services

Technology-Related Assistance for Individuals with Disabilities Act of 1988

Technology-Related Assistance for Individuals with Disabilities Act of 1988

This law is intended to increase the This law is intended to increase the availability of & funding for, availability of & funding for, access to, and provision of Assistive Technology access to, and provision of Assistive Technology

devices and services to individuals with devices and services to individuals with disabilities. disabilities.

The Tech Act has provided new The Tech Act has provided new opportunities for individuals with disabilities opportunities for individuals with disabilities and their families to receive appropriate AT and their families to receive appropriate AT services and has placed emphasis on being services and has placed emphasis on being responsive to the needs of consumers.responsive to the needs of consumers.

Tech-Related Act: GoalsTech-Related Act: Goals

Increase awareness of the needs of Increase awareness of the needs of individuals with disabilities for ATindividuals with disabilities for AT

Increase awareness of policies , practices, Increase awareness of policies , practices, and procedures that facilitate or impede the and procedures that facilitate or impede the availability of ATavailability of AT

Increase the availability of, and funding for, Increase the availability of, and funding for, the provision of ATthe provision of AT

Increase the awareness and knowledge of Increase the awareness and knowledge of the efficacy of AT servicesthe efficacy of AT services

Tech-Related Act: GoalsTech-Related Act: Goals

IncreaseIncrease capacity of the public and private capacity of the public and private

entities to provide tech-related assistanceentities to provide tech-related assistance

coordination among state agencies ad coordination among state agencies ad public & private entities that provide ATpublic & private entities that provide AT

probability that individuals will be able probability that individuals will be able to secure & maintain possession of AT to secure & maintain possession of AT devicesdevices

ADA Americans with Disabilities Act (1990)ADA Americans with Disabilities Act (1990)

ADA is a civil rights law for people with ADA is a civil rights law for people with disabilities for the entire lifespan. disabilities for the entire lifespan.

Under ADA, Under ADA, people with disabilities are entitled to help or people with disabilities are entitled to help or

REASONABLE accommodations. REASONABLE accommodations. Protections are provided in private-sector employment, Protections are provided in private-sector employment,

public services, and public accommodations, public services, and public accommodations, transportation, and telecommunications. transportation, and telecommunications.

No funding. No funding.

IDEA: P.L. 101-476IDEA: P.L. 101-476

Continues rights of PL 94-142Continues rights of PL 94-142

Recognizes autism and traumatic brain Recognizes autism and traumatic brain injuryinjury

SPED expanded to include the workplace SPED expanded to include the workplace and training centersand training centers

IDEA: P.L. 101-476IDEA: P.L. 101-476

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

IDEA - DefinitionsIDEA - Definitions

Assistive technology is “ any item, piece of Assistive technology is “ any item, piece of equipment, or product system, whether equipment, or product system, whether acquired commercially off the shelf, acquired commercially off the shelf, modified, or customized, that is used to modified, or customized, that is used to increase, maintain, or improve functional increase, maintain, or improve functional capabilities of individuals with disabilities capabilities of individuals with disabilities (P.L. 100-4-7)(P.L. 100-4-7)

IDEA’s Mandates Concerning AT DevicesIDEA’s Mandates Concerning AT Devices

CommercialCommercial Off the shelf specialized for disabledOff the shelf specialized for disabled Off the shelf originally for general public Off the shelf originally for general public

benefitbenefit Used as intended with and without modificationUsed as intended with and without modification Used with unique application with and without Used with unique application with and without

modificationsmodifications

Custom made or adapted specifically for Custom made or adapted specifically for one user’s unique needsone user’s unique needs

IDEA Mandates Concerning AT ServicesIDEA Mandates Concerning AT Services

ServicesServices EvaluationEvaluation Training for users, support staff & familiesTraining for users, support staff & families Ordering devices or arranging specialized Ordering devices or arranging specialized

training & fundingtraining & funding Maintaining/repairing/replacement of devicesMaintaining/repairing/replacement of devices Integration of the A.T. into the curriculumIntegration of the A.T. into the curriculum

ConsiderationConsideration

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

Range of Devices & Services ConsideredRange of Devices & Services Considered

No tech recommendations for curriculum No tech recommendations for curriculum modification & adaptations mademodification & adaptations made

Low or light tech devices and/or servicesLow or light tech devices and/or services Mid tech devices and servicesMid tech devices and services High tech devices & servicesHigh tech devices & services

No Child Left Behind of 2001PL 107-110No Child Left Behind of 2001PL 107-110 Commonly known as Commonly known as NCLBNCLB, , United States federal law signed on January 8, United States federal law signed on January 8,

2002 that reauthorizes a number of federal 2002 that reauthorizes a number of federal programs aiming to improve the performance of programs aiming to improve the performance of U.S. U.S. primaryprimary and and secondary schoolssecondary schools

Focus if on increasing the standards of Focus if on increasing the standards of accountability for accountability for statesstates, , school districtsschool districts and and schools, as well as providing parents more schools, as well as providing parents more flexibility in choosing which schools their children flexibility in choosing which schools their children will attend. will attend.

Goals of NCLBGoals of NCLB

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

Up for possible reauthorization in 2007 Up for possible reauthorization in 2007

Key ComponentsKey Components

Teacher QualityTeacher Quality Student Testing Student Testing Scientifically-based ResearchScientifically-based Research Public School ChoicePublic School Choice

NCLB Goals for Enhancing Education Through Technology NCLB Goals for Enhancing Education Through Technology The specific NCLB goals for Title II, Part DThe specific NCLB goals for Title II, Part D

—Enhancing Education Through —Enhancing Education Through Technology are as follows:Technology are as follows:

Primary Goal - The primary goal of this part Primary Goal - The primary goal of this part is to improve student academic achievement is to improve student academic achievement through the use of technology in elementary through the use of technology in elementary schools and secondary schools. schools and secondary schools.

Additional Goals - The additional goals of this part are the following: Additional Goals - The additional goals of this part are the following: To assist every student in crossing the digital To assist every student in crossing the digital

divide by ensuring that every student is divide by ensuring that every student is technologically literate by the time the student technologically literate by the time the student finishes the eighth grade, regardless of the finishes the eighth grade, regardless of the student's race, ethnicity, gender, family income, student's race, ethnicity, gender, family income, geographic location, or disability. geographic location, or disability.

To encourage the effective integration of To encourage the effective integration of technology resources and systems with teacher technology resources and systems with teacher training and curriculum development to establish training and curriculum development to establish research-based instructional methods that can be research-based instructional methods that can be widely implemented as best practices by State widely implemented as best practices by State educational agencies and local educational educational agencies and local educational agencies. agencies.