Assistive Technology Update

1
Assistive Technology Update

• Policy That Should Guide Your Assistive
  Technology Decision Making Process

2
Outline

• Purchasing
• Disposing
• FCAT Accommodations
• Related Services
• Private Schools

3
Purchasing Assistive Technology

• Personally Prescribed Technology
• Purchasing With Insurance

4
Purchasing Personally PrescribedThe Question

• X county called. Are school districts
  required to pay for hearing aids, ear molds, or
  braces/splints for students? I dont think any
  of these things are any different than glasses.
  Whats your take? How should they respond to the
  parent? ??

5
Purchasing Personally PrescribedThe Response

• Historically, not required to provide a personal
  device that a student would require whether or
  not in school e.g. glasses vs. spelling checker.
• Definition of AT does not say this at all.
• US Dept. of Ed. has changed its position

6
Purchasing Personally PrescribedThe Response
contd

• Hearing Aids 22 IDELR 373 (1/22/94)
• North Dakota Code read Parents will assume such
  cost for a child with disabilities as they would
  if the child was non disabled. Personal items,
  including hearing aids, eyeglasses, routine
  medical expenses, physical exams, medications,
  and all items necessary for a child who is non
  disabled, will be the financial responsibility of
  the parent.

7
Purchasing Personally PrescribedThe Response
contd

• U.S Department of Education
• Add
• Unless otherwise specified in the IEP for
  educational purposes.

8
Purchasing Personally PrescribedThe Response
contd

• Eyeglasses 22 IDELR 629 (1/13/95)
• With a reminder that all suspect areas must be
  assessed 34 CFR 300.532(g)
• Individual with Disabilities Education Law Report
  (IDELR)
• Code of Federal Regulations (CFR)

9
Purchasing Personally PrescribedThe Response
contd

• Pulmonary Nebulizer 24 IDELR 388 (1/23/96)
• Oxygen Tank 25 IDELR 1203 (3/26/97)
• Wheelchair 33 IDELR 246 (2000)

10
Purchasing Personally PrescribedThe Response
Contd.

• Not in IEP do not provide
• 30 IDELR 451 (1999)./

11
Purchasing With InsuranceThe Question

• The parents of J.R. have purchased a Dell laptop
  with a communication program to help J.R.
  communicate. I understand that their insurance
  they collected paid for the laptop. The parents
  have asked me to use the laptop during J.R.s
  therapy. Can I use the parents equipment to
  meet J.R.s therapy goals? ??

12
Purchasing with InsuranceThe Response

• The school may use technology purchased by
  parents private insurance to meet IEP goals 34,
  CFR 300.142(f).
• For equipment that is family owned but not
  necessary under IEP, the district is not
  responsible for maintaining. 27 IDELR 509 (97)

13
Purchasing with InsuranceThe Response contd

• If in the IEP and the parents choose to use their
  private insurance
• The district can pay for deductible or
  co-payments with Part B funds 34, CFR 300.142(g).
• Parents must be made aware of any consequences of
  using private insurance./

14
Purchasing With InsuranceThe Question

• I am an Assistive Technology Specialists in XX
  public schools. I have encountered the following
  situation several times in the past few years and
  wondered whether there is a policy regarding this
  issue

15
Purchasing With InsuranceThe Question contd

• A parent of a student obtained a communication
  aid on her own through Medicaid funding.
• The parent did not wish to send the equipment to
  school and therefore the school system provided
  identical equipment through their funding sources

16
Purchasing With InsuranceThe Question contd

• The equipment provided by the school is available
  for home and school use, however the parent does
  not want to use the schools equipment at home
  nor the Medicaid provided equipment at school

17
Purchasing With InsuranceThe Question contd

• Both pieces of equipment totaled in excess of
  14,000 and although funded through different
  sources, both pieces of equipment were purchased
  with taxpayers dollars.
• Is there any policy governing duplicate purchases
  of equipment for the same user? ??

18
Purchasing with InsuranceThe Response

• There is no policy regarding duplicate purchases
  of equipment. Although it is not a good use of
  taxpayers dollars, the parents have the right to
  use the device purchased through Medicaid however
  they wish./

19
Purchasing With InsuranceThe Question contd

• In order that the student will have a system that
  will be efficient, the home and school system
  should be programmed identically therefore the
  systems should be backed up to one another.
• A backup card (approximately 180) would be
  needed to go from home to school

20
Purchasing With InsuranceThe Question contd

• Is the purchase of the individual backup card the
  responsibility of the school system?
• Whose responsibility is it to back up the system?
  ??

21
Purchasing with InsuranceThe Response

• Best practice dictates that the same vocabulary
  should be in both devices.
• You have no legal responsibility to purchase the
  card or to back up the systems.
• Legal responsibilities are not always in the best
  interest of the student./

22
Purchasing With InsuranceThe Question contd

• The school system is aware that they are
  responsible for repair of equipment provided by
  the school or for repair of equipment obtained
  through other sources when used in school.
• In this particular case, is the parent then
  responsible for the repair of the home system?
  ??

23
Purchasing with InsuranceThe Response

• Definitely/

24
Disposing of Assistive Technology
25
Disposing of Assistive TechnologyThe Question

• My ESE director wants me to gather up assistive
  technology that is not being used. She also
  wants me to determine why it is not being used in
  those cases where it is appropriate

26
Disposing of Assistive TechnologyThe Question
contd

• This AT is mostly communication devices, and some
  head pointers and software. Have other assistive
  technology specialists been asked to do this? ??

27
Disposing of Assistive TechnologyThe Question
contd.

• How can I dispose of technology that is too old
  or too difficult to be useful? ??

28
Disposing of Assistive TechnologyThe Response

• Florida Statutes allows a government unit to
  surplus property that serves no useful function
  and may offer surplus property to other
  governmental units in the county or district for
  sale or donation or may offer the property to
  private nonprofit agencies
• Title XVIII, Chapter 274, Section 274.05, Florida
  Statutes (FS)

29
Disposing of Assistive TechnologyThe Response
contd

• property which serves no useful function be
  disposed of for value to any person or government
  unit or if without commercial value, to be
  donated, Section 274.06, F.S.

30
Disposing of Assistive TechnologyThe Response
contd

• The school district is responsible for tracking
  assistive technology equipment and maintaining
  accurate records of its location.
• Transfer of assistive technology devices should
  be completed through applicable district
  procedures that are consistent with district
  record requirements./

31
Disposing of Assistive TechnologyThe Question

• If a state project has obsolete equipment that
  they are no longer using, is it ok to permanently
  transfer the equipment to another district that
  can find a use?

32
Disposing of Assistive TechnologyThe Question

• For example, if an ATEN lab upgraded a few
  laptops and the old one were considered
  obsolete, could the project go ahead and give
  them to a school in one of the districts served
  by the project and mark them as permanently
  transferred? ??

33
Disposing of Assistive TechnologyThe Response
contd

• Equipment purchased with state or federal funds
  valued at less than 5,000 can be sold, given
  away, or surpluses with out any commitment to the
  funding agency-in this case DOE.
• Check with your district for district procedures./

34
FCAT
35
FCATThe Question

• My son has C.P. and writes slowly and with
  difficulty. At his IEP meeting this year his
  teacher said the state will require him to take a
  state writing exam. She said he could get ready
  by learning to use a computer. I dont see how a
  computer will help him and I think the test will
  make him feel again like he has failed. Who can
  help me excuse my son from this exam? ??

36
FCATThe Response

• Can he be excused? IEP team decision
• All students must take an FCAT or alternate
  assessment.
• If take alternate assessment will not eligible
  for standard H.S. diploma.
• Most must take FCAT
• How can a computer help him?/

37
FCAT AccommodationsThe Question

• I am wondering if you have encountered this
  question yet about using the AlphaSmart for short
  and extended responses questions with the FCAT.
• Apparently there is a box for short and extended
  response on the FCAT. And, only what can fit
  in the box counts for points.

38
FCAT AccommodationsThe Question contd

• The question is How do we know how much fits
  in the box compared to what is displayed on the
  AlphaSmart screen?
• Im presuming wed need to know how many lines of
  text on the AlphaSmart will fit in the various
  boxes on the FCAT.
• We have a student who needs this accommodation.
  ??

39
FCAT AccommodationsThe Response

• Number of lines for short and long answers vary.
• Short about 4-10 lines
• Long about 15-20
• Written long hand 5-7 words on a line
• AlphaSmart 5-7 words on a line
• One line AlphaSmart one line FCAT/
• http//firn.edu/doe/sas/fcat.htm

40
FCAT AccommodationsThe Question

• I have a student who writes very large. How can
  he fit his response to the FCAT answer sheet? ??

41
FCAT AccommodationsThe Response

• The student can respond on paper that will
  accommodate his writing needs.
• The response will be transcribed into the test
  booklet./

42
FCAT AccommodationsThe Question

• I have come across a link on the DOE website that
  outlines acceptable test accommodations for the
  FCAT.
• As I read this, I see that text-to-speech
  software is an approved testing accommodation for
  students that use such accommodations in the
  course of their school day (with the exception of
  the reading portion of the test).

43
FCAT AccommodationsThe Question contd

• Our school district has purchased Kurzweil 3000
  to support learning, studying and testing for
  students with reading and learning disabilities.
• I would like to use this system to produce an
  FCAT on a CD for students with disabilities in
  our district.

44
FCAT AccommodationsThe Question contd

• I would proof the test in Kurzweil 3000 to ensure
  that everything is read correctly, and that only
  the items that the testing staff deem appropriate
  are actually read by Kurzweil 3000.

45
FCAT AccommodationThe Question contd

• With this in mind, individual teachers are not
  having to scan/prepare the test in advance (or
  the day of the test), or read out loud passages
  and items.
• The .kes file can be pressed on to a CD and
  distributed the day the test booklets go out to
  schools, or it can be made available or the web
  through our district.

46
FCAT AccommodationsThe Question contd

• Who can I work with at DOE to accomplish this? ??

47
FCAT AccommodationThe Response

• Text to speech is an approved FCAT accommodation.
• The procedure is good.
• Difficulty is obtaining a copy of the test to do
  the procedure.
• Ask for unique accommodation for student who uses
  Kurzweill 3000 on regular basis.

48
FCAT AccommodationThe Response contd

• Questions about unique accommodations directed to
  victoria.wagner_at_fldoe.org. /

49
FCAT AccommodationsThe Question

• I have students who are severely physically
  challenged who are learning Pathfinder with Unity
  128.
• In anticipation of the demands of the FCAT the
  teacher is requiring them to do all their work
  letter by letter.
• Their writing skills are significantly poorer
  when restricted from using Unity 128.

50
FCAT AccommodationsThe Question contd

• This is also significantly undermining their
  progress in learning how to communicate.
• I am asking for a special accommodation for these
  students. ??

51
FCAT AccommodationThe Response

• Communication devices may be used to generate
  oral or written responses.
• Word or letter based communication devices may be
  used to generate oral or written response.
• Stored sentences can not be used.
• Communication devices must be free of grammar
  checker, spell checkers/

52
Related Services

• School Health

53
Related Service-School HealthThe Question

• When is medical equipment AT (Remember the oxygen
  tanks?)
• Medical Services Services provided by a
  physician which determines a medical disability.
  34 CFR 300.24(b)(4).
• School Health Services Provided by a qualified
  nurse or other qualified person. 34 CFR
  300.24(b)(12)

54
Related Services School HealthCase Studies

• Amber
• 8 year old with spina bifida
• Catheterized every 3-4 hours
• Can be preformed by layperson with training
• Is this a related AT service? ??

55
Related Services School HealthThe Response

• Court considered three criteria
• (1) Does the child qualify for special ed?
• (2) Do the services allow the child to remain in
  school during the day and provide access to
  education?
• (3) Do the services exclude medical services?
• Do they? ??

56
Related Services School HealthThe Response
contd

• Court held
• Catheterization is a related service.
• Services were periodic, simple, and akin to
  traditional nursing services
• Since catheterization involved manipulating
  technological devices it is an AT service.
• Irving Indep. Sch. Dist. V.Tatro (1984)/

57
Related Service-School HealthCase Study

• Garret
• Paralyzed from neck down
• Catheterization
• Suctioning tracheotomy
• Help with food and drink
• Placed in reclining position 5 min of every
  hour ??

58
Related Services-School HealthThe Response

• Reaffirmed three part decision
• (1) ESE student
• (2) Must be performed during school day
• (3) Can be provided by non-physician
• Can not limit education access by pointing to the
  limitations of existing staff. IDEA requires
  schools to hire specially trained personnel to
  meet disabled students needs.
• Cedar Rapids Community Sch. Dist. v. Garret F
  (1999)/

59
Related Services-Cochlear ImplantsThe Question

• Is mapping Cochlear Implants a medically related
  assistive technology service? ??

60
Related Service-Cochlear ImplantsThe Response

• Courts have held
• Cochlear implants (CI) should be addressed as AT
  in the IEP.
• Only a trained audiologists can map (program)
  implants.

61
Related Service-Cochlear ImplantsThe Response
contd

• S/LP can work with audiologist but can not map.
• CI has to be mapped for student to benefit from
  education instruction.
• Consequently parents do not pay for mapping
  service purchased from private audiologist.
• Stratham Sch. Dist. v Beth P. /

62
Related Service-Cochlear ImplantsThe Response
contd

• In Foothill Special Edu. Local Plan Area (2002)
• S/L therapist maintained would provide same
  services to post-CI children as had provided to
  pre-CI.
• Concluded therapists would not be able to
  identify progress in a CI child.
• Ordered private therapy until therapists trained.
  /

63
Private Schools

• McKay Scholarships
• Unilateral Placement

64
McKay ScholarshipThe Question

• We have developed an IEP for a student with a
  writing disability that includes using a computer
  and word prediction software. The parents have
  chosen to place the student in a private school
  with a McKay Scholarship. Since this
  accommodation is now in the IEP are we obligated
  to provide the computer and software to the
  private school? ??

65
McKay ScholarshipThe Response

• Only if the school district has agreed to provide
  this service in negotiation with the private
  school.
• McKay Scholarships Parent placement in a
  private school
• Student has no individual right to services.

66
McKay ScholarshipThe Response contd

• District meets with private school rep.
• Decides
• What services
• Where services provided
• How services are evaluated 34 CFR 300.454(b)
• Can provide direct or consultative services

67
McKay ScholarshipThe Response contd

• Uses a proportionate amount of IDEA money to
  provide services.
• (100 children with disabilities 5 in private
  school 5 of IDEA money)
• For students who receive services with IDEA
  money, a service plan must be developed.

68
McKay ScholarshipThe Response contd

• The service plan must describe specific education
  and related services to be provided.(
  300.455(b)(1))
• Service plan development follows a process
  consistent with IEP development. /

69
Private SchoolThe Question

• Hi Karen
• TP, a parent in XX County, left a question on my
  voice mail Her child, who has an auditory
  processing disorder, attends a private school in
  XX County. The mom wants to know how to get an
  assistive technology device for her child.

70
Private SchoolThe Question contd

• If the child has been unilaterally placed in the
  private placement, is the district responsible
  for devices such as this (or is ATEN)? ??

71
Private SchoolThe Response

• Neither
• ATEN may loan devices to a private school for
  assessment if there is a qualified professional
  to do the assessment and support the device.
• This decision is made on a case by case basis.
• end

72
Resources

• Council for Exceptional Children (2002)
  Parentally-placed students with disabilities,
  Retrieved from ideapractices web site
  http//www.ideapractices.org
• Day, J., Hufner, D. (2003). Assistive
  technology legal issues for students with
  disabilities and their schools. Journal of
  Special Education Technology, 18 (2), 23-34.

73
Resources Contd

• Hager, R.M., Smith, D. (2003) The public
  schools special education system as an assistive
  technology funding source the cutting edge.
  Retrieved December 2003, from the Neighborhood
  Legal Services, inc. site http//www.nls.org
• Texas Assistive Technology Network, Assistive
  technology a legal perspective. Retrieved from
  Texas Assistive Technology Network site
  http//www.texasat.net
• Tindal, G., Helwig, R., Hollenbeck, K., (1999).
  An update on test accommodations. Journal of
  Special Education Leadership, 12 (2), 11-20.