Federal Legislation and Assistive Technology

Federal Legislation and Assistive Technology

Future Reflections Summer 1990, Vol. 9 No. 2
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FEDERAL LEGISLATION AND
ASSISTTVE TECHNOLOGY
by Roxanne Rice, J.D.
Editor's note: This article appeared in the News
Digest (Number 13,1989), a newsletter published
by the National Information Center for Children
and Youth with Handicaps, Washington D.C.
... For more information about any of these laws,
contact your State Education Agency, State
Developmental Disability Council, State Protection
and Advocacy Agency, parent or disability
group, or write to NICHCY, Post Office Box
1492, Washington, D.C. In addition, single copies
of these laws may be obtained, usually for about
$ 1.00, by writing to the Superintendent of Documents,
U.S. Government Printing Office,
Washington, D.C. 20402 (Telephone 202/7833238).
Information may also be available by contacting
your Congressional Representative.
1.1986 Amendments to the Rehabilitation Act
(P.L. 99- 506)
Title I of the Rehabilitation Act authorizes over
one billion dollars to the states to provide
rehabilitation services including evaluation,
counseling, training, placement and rehabilitative
technology services to individuals who
qualify for vocational rehabilitation services.
The 1986 Amendments require that states
receiving funds available under this Act must
"describe how rehabilitation engineering services
will be provided to assist an increasing number
of individuals with handicaps."
The Amendments also include a definition of
rehabilitation technology services as "the systematic
application of technology, engineering
methodologies, or scientific principles to meet
needs of individuals with handicaps in areas
which include education, rehabilitation, employment,
transportation, independent living, and
recreation."
The law requires that in assessing an individual's
potential for rehabilitation services, rehabilitation
engineering services should be explored. In
addition, part of the Individual Written
Rehabilitation Plan (IWRP) should include,
where appropriate, a statement on the benefits
of rehabilitation technology services for the
individual's rehabilitation goals.
II. Developmental Disabilities Assistance and
Bill of Rights Act Amendments of 1987 (P.L.
100-146)
The Developmental Disabilities Assistance and
Bill of Rights Act requires that all funded services be aimed at providing opportunities and
assistance for persons with developmental disabilities
to allow them to "achieve their maximum
potential through increased independence,
productivity and integration into the community."
The
1987 Amendments require that each state
submit an annual report including descriptions of
the currently unavailable assistive technology
services which could be of benefit to persons with
developmental disabilities.
Funds authorized under this Act may be used for
planning, advocacy, systems change, and direct
services. These direct services may include assistive
technology services.
III.Education of the Handicapped Act (P.L.
94-142) and the 1986 Amendments to the Act
(P.L. 99-457)
The Education of the Handicapped Act (EHA)
requires that states provide a free, appropriate,
public education, including related services, for
all children with disabilities from ages 5 to 21.
The 1986 Amendments to the Act require that
states provide special education and related services
to children from 3 to 5 years of age no later
than the 1991 school year and establishes anew
voluntary state grant program for providing early
intervention services for infants and toddlers
with disabilities (ages birth to 2 years).
The law requires that each child receiving special
education and related services must have an Individualized
Education Program (IEP) or an Individualized
Family Services Plan (IFSP, for
children birth to age two), designed to meet their
uinique needs. The IEP or IFSP should reflect
the assistive technology needs of the child.
Part G of the Act authorizes the Secretary of
Education to make grants or enter into agreements
with appropriate institutions to advance
the use of new technologies, media, and
materials used in educating students with disabilities.
States
differ on the issue of providing assistive
technology under the Act. Some states do provide
technology-related assistance as part of related
services, while other states have made no
such provisions.
IV. Elementary and Secondary School
Improvement Act of 1987 (P.L. 100-297)
This Act is a consolidation of legislation on
programs for elementary and secondary education.
A number of the amendments are designed
to conform the Act more closely with the Education
of the Handicapped Act. This includes the
P.L. 99-457 requirement for early intervention
services to children between birth and age 2.
The Act allows states to use authorized funds for
programs which may include the acquisition of
equipment and instructional materials. Funds
may additionally be used for training in the use
of assistive devices and other specialized equipment.
V.
Social Security Act, Budget Reconciliation
Act of 1986 (P.L. 99-509)
A. Medicaid. Medicaid funds provide medical
services to qualifying individuals. States are required
to provide certain basic medical services
but can elect to cover other services as well.
Assistive technology devices are covered only if
they fit into the Medicaid definition of a prosthetic device. Prosthetic devices are defined as
replacement, corrective.or supportive devices
prescribed by a physician or other licensed practitioner.
Additional covered services include
"other diagnostic, screening, preventive and
rehabilitative services." This language might be
seen as including assistive technology devices
and services. States differ greatly in what they will
cover in this area. Some states allow Medicaid
funds to be used for augmentative communication
devices. Other states will not allow funds to
be used for equipment they do not consider to be
a prosthetic device.
Individuals in active treatment in an Intermediate
Care Facility for the Mentally Retarded
and other related conditions may be eligible for
assistive technology services under Medicaid regulations. Active treatment could include
mechanical supports to achieve proper positioning,
toilet and bathing facilities, communication
aids, and other devices.
B. Maternal and Child Health Services Block
Grant (Title V). Maternal and Child Health Services
funds may be used by each state for its own
priorities. Many services may be funded including:
early identification and intervention services,
diagnostic and evaluation services, family
support services and "medical, surgical, and corrective
services." Some states are currently using
Maternal and Child Health Services funds for
adaptive equipment and assistive devices including
wheelchairs for children with disabilities.
VI. Technology-Related Assistance for
Individuals with Disabilities Act of 1988 (P.L.
100-407)
Citing the inadequacies of available access,
trained personnel, and financing in the area of
assistive technology, Congress enacted P.L. 100407
with the purpose of extending the availability
of assistive technology to individuals with disabilities
and their families.
"Assistive technology device" is defined by the
bill as "any item, piece of equipment, or product
system whether acquired off the shelf, modified
or customized that is used to increase, maintain,
or improve functional capabilities of individuals
with disabilities." The broad definition of devices
and individuals included under this law gives
states great flexibility in the programs to be
developed.
Title I provides states with funds to develop a
consumer- responsive state system of assistive
technology services. States receiving funds may
develop or carry out any of the following: I)
model delivery systems; 2) statewide needs assessment;
3) support groups; 4) public awareness
programs; 5) training and technical assistance; 6)
access to related information; 7) interagency
agreements; and 8) other activities necessary for
developing, implementing, or evaluating a
statewide service delivery system. Nine states
have successfully competed for funds. Twenty
additional states could be added in 1990 with the
remainder to be added in 1991.
Title II of P.L. 100-407 authorizes the federal
government to perform various activities to assist
the states in the development of their service
delivery systems. These activities include: a study
to be undertaken by the National Council on
Disability to identify practices which facilitate or
impede financing of assistive technology devices
and services; and, a study of the need for a National
Information and Programs Referral Network
to assist states to respond to technology
related information needs.
In the Fall of 1989, nine states were awarded
funding to plan and establish statewide programs
of technology-related assistance. These states included:
Arkansas, Colorado, Illinois, Kentucky,
Maine, Maryland, Minnesota, Nebraska, and
Utah. For contact information about these
programs in your state, contact the Center for
Special Education Technology, or the Association
for the Advancement of Rehabilitation
Technology (RESNA).
In addition to the state awards, the National Institute
on Disability and Rehabilitation Research
(NIDRR) awarded a contract to RESNA, an
interdisciplinary association for the advancement
of rehabilitation and assistive technology,
to provide technical assistance and information
to States on the development and implementation
of a consumer-responsive statewide program
of technology-related assistance under this
law. For more information, contact RESNA
(202) 857-1199.
Understanding and becoming aware of the laws
relating to assistive technology can make a significant
difference in how, where, and when you
gain access to these services. For a listing of any
of the groups mentioned in your area, contact
NICHCY, or the Center for Special Education
Technology, located at the Council for Exceptional
Children, and ask for a State Resource Sheet.
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