FAQs ON ASSISTIVE TECHNOLOGY FUNDING - PART I By Susan Goodman, Esq., Spring, 1996 This is the first in a series which features frequently-asked questions posed to ATFSCP staff through the project's trainings, technical assistance, and outreach activities. QUESTION: What is assistive technology? ANSWER: Assistive technology devices and assistive technology services are defined in the Technology-Related Assistance Act for Individuals with Disabilities Act of 1988 (Tech Act) as follows: Assistive technology device: 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. Assistive technology service: Any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology service. An assistive technology device may be a "high-tech" device such as a computer or an augmentative communication device, or it may be "low-tech," such as eyeglasses, a tape recorder, or a cushion for better positioning. It can also include training for parents, teachers, and related service staff. QUESTION: What are the state Tech Act projects? ANSWER: The Tech Act created programs in each state to develop statewide, consumer-responsive programs of technology-related services for individuals with disabilities of all ages. In 1994, the Tech Act was amended to focus Tech Act agency efforts on systems change and advocacy activities that are necessary to develop statewide programs that have a long-lasting impact on the ways that individuals with disabilities access assistive technology. Just some of the activities of the state Tech Act agencies include: Events and locations where individuals can try out devices and equipment; Statewide toll-free numbers for information and linkages to AT services and suppliers; Funding Guides listing AT resources and funding options; Innovative ways to get technology into local communities (e.g., mobile van outreach services); Equipment exchange and recycling programs; and Training of people with disabilities, families, service providers, and others in AT. An updated list of state Tech Act agencies is included in this packet. QUESTION: Do state Tech Act projects conduct minority outreach? ANSWER: State Tech Act programs are required, by law, to conduct outreach to underserved populations. Several states have initiatives to reach Hispanic populations. For example: In Kansas City, Missouri, the Center for Assistive Technology works closely with Children's Mercy Hospital (CMH) on augmentative communication evaluations and other assistive technology issues. CMH provides services to many children from minority and other underrepresented groups. Therefore, this collaboration enables children and families to access the appropriate devices and services. The Dakota Link Project in South Dakota conducts outreach to Native American populations. It has been successful in assisting people in accessing technology. If you want more information on the activities conducted in your state, contact your state Tech Act agency. QUESTION: Can the Protection and Advocacy agency in my state help me and my child get the listening device s/he needs? ANSWER: Each state Protection and Advocacy agency sets priorities with respect to the type of cases in which they will provide legal representation. In addition, each state Protection and Advocacy agency gets special funds designated to handle assistive technology cases. Be sure to ask for the assistive technology attorney when you call your P&A office. (A list of P&A agencies is included in this packet.) QUESTION: People representing minorities receive very few services in our area. Can P&A lawyers help these people get the services that they need? Again, within the priorities determined by the state P&As, people from under-represented groups should receive the same consideration as others in determining which clients their P&As are able to represent. State P&As are required, by law, to conduct outreach to under-served populations. If you wish to find out about initiatives in your state, contact your local P&A office and ask to speak to the person in charge of outreach for under served populations. ( A list of P&A agencies is included in this packet.) QUESTION: Do I have the right to an Individualized Written Rehabilitation Program (IWRP) through Vocational Rehabilitation (VR)? ANSWER: Vocation Rehabilitation is the program which provides employment-related services to persons with disabilities. Unlike Medicaid (in its current form), and special education, it is not an "entitlement" program. This means that, even if an individual has a disability and is not employed, s/he does not have a right (is not legally entitled) to receive services from VR. Therefore, s/he would not be "entitled" to services or an IWRP. However, if an individual is found eligible for services, the right to an IWRP is triggered. Like the Individualized Education Plan (IEP) in special education, the IWRP is the document that states the specific plan of services for the individual who is receiving VR services. The Client Advocacy Program offers help to individuals who are trying to get assistance through the VR system. The phone number of this program can be found in the state government section of your local phone book, listed under Vocational Rehabilitation or Protection and Advocacy agency. QUESTION: My husband and I used our savings to purchase a laptop computer for our child who has severe fine motor disabilities and is unable to write. He needs to use the computer at home to do his homework. The principal refuses to allow him to bring it to school because she claims that the school cannot be responsible if it is damaged. Is there anything I can do? ANSWER: If your child needs an assistive device to benefit from his/her educational program, it should be written into the IEP. The Office of Special Education Programs in the U.S. Department of Education issued a policy letter on the subject of school liability for family-owned devices. That letter stated: "If a child needs assistive devices to benefit from his educational program, the school is liable for a family-owned device used at school." (The OSEP policy letter stating that technology may be taken home is dated November 21, 1991. This letter was included in the March, 1995 edition of Tech Express.) To secure general information on the project, contact: Assistive Technology Funding & Systems Change Project, 1660 L Street, NW, Suite 700, Washington, DC 20036 Tel: (202) 776-0406 Fax: (202) 776-0414 Email: atfscp@aol.com. To secure information & individual assistance on AT funding issues, contact: 1-800-827-0093 (voice) 1-800-833-8272 (TDD), or (404) 919-8305 (fax) The opinions expressed herein do not necessarily reflect the position or the policy of the U.S. Department of Education, and no official endorsement by the U.S. Department of Education of the opinions expressed herein should be inferred. ---------- FREQUENTLY-ASKED QUESTIONS - PART II By Susan Goodman, Esq., Steve Mendelsohn, Esq., and Carla Putnam-Veal This is the second in a series which features frequently-asked questions posed to ATFSCP staff through the project's trainings, technical assistance, and outreach activities. Question: I am 21 years old and unable to walk, as the result of paralysis from an automobile accident. I need a van for transportation so that I can work. Is there any way I can get funding for a van? Answer: In some states, if you are eligible for Medicaid, you may be able to get a van lift. If the state has a low-interest long-term loan program, you might be able to purchase a van. Vocational Rehabilitation can pay for van modifications. Most states will pay only if the van is less than two years old. Medicaid will pay in some states. Question: I am unable to work outside of my home because of my disability. Can I get a computer for a home business through state vocational rehabilitation (VR) funds? Answer: Under federal law, if an individual cannot work in the community, an item such as a computer for a home business can be considered a reasonable accommodation. You should get a copy of your state VR's policy on funding items for a home business to see if you meet the criteria. If you do meet the criteria, ask your VR counselor to help you apply. You may also want to look into the Handicapped Assistance Loan Program under the Small Business Administration. Their number can be found in the blue pages of the phone book. There may also be some community programs that assist small businesses - your local Chamber of Commerce should have that information. Question: I want to apply to take classes at my nearby state university, but I need some accommodations, including accessibility to written materials in alternate formats. What are my rights? Answer: Your state university, under Title II of the ADA, is responsible for equal access to its programs, services, and facilities. Therefore, you should request in writing the materials you need because of your disability. If the university refuses to provide the accommodation, contact the university's office of student services for students with disabilities. If you are still unable to receive satisfaction, contact the DBTAC in your region, to get you information about your rights under the law. They can also discuss ways of resolving the grievance, and, if necessary, give you information on how to file a complaint. To find out the number of the DBTAC in your region, call 1-800-949-4232. Question: My 10-year-old daughter attends school in our neighborhood. She has severe physical disabilities. Her Individualized Education Plan (IEP) says that she is supposed to have physical therapy everyday. The teacher and principal say that they do not have a physical therapist available to do this therapy. What can I do? Answer: You need to write to the school district and request that the district implements your daughter's IEP. After putting this in writing, if the district still refuses to provide physical therapy, you can file a request for a due process hearing. If you need assistance, you should contact your local Parent Training and Information Center or state Protection and Advocacy office. Question: My son is five years old, and I believe that he would benefit greatly from the use of a voice-activated computer. His teacher does not know how to use technology, and is not in favor of the idea. Is it possible to get technology training for the teachers? Answer: If your son has not had an evaluation of his assistive technology needs, you should request one in writing. The assessment results should be considered when the IEP is written. Training, including teacher training, is considered an assistive technology service under the Individuals with Disabilities Education Act. If the IEP team determines that your son needs this service to benefit from his educational program, it must be included in his IEP. Question: I am 30 years old and would like to have a power wheelchair. My family has agreed to pay for it. Where can I go to find out what kind of wheelchair would be best? Answer: State Tech Act agencies should have information about centers where assistive technology assessments can be conducted, and/or the names of individuals who do such assessments. Question: I would like to have a computer for recreation and leisure. Is there any way to get funding? Answer: Your state Tech Act agency may know about various programs that could assist you. In addition, each state has an Independent Living Center, which you should contact for guidance about computers. Some of their resources might include a low-interest loan program, computer recycling, or or an equipment exchange program. To get the number of the Independent Living Center in your locale, contact your regional Rehabilitation Services Agency through your state's Department of Education. Question: The school district purchased a communication device for my seven-year-old son last year. My husband has been transferred to another state, and we'll be moving in the fall. The school district says that the device belongs to them, and that we cannot take it with us. Is this true? Answer: Any equipment that the school district buys belongs to them. If your child has had a current AT evaluation, and needs the device to benefit from his educational program - and this is written into his current Individualized Education Plan (IEP) - the school district to which you are transferring must consider that information when writing the new IEP. Question: Can the school district require us to use our private insurance policy to pay for my daughter's Touch Talker? Answer: No, the school district cannot force you to use your private insurance policy for an augmentative communication device. It may cost you money to file such a claim, and you could risk financial loss. This loss may include a decrease in the available lifetime coverage, loss of benefits, or the payment of a deductible through your insurance plan. Under IDEA, each child is entitled to a free (at no cost to the parents) public education. However, you are not prohibited from using private insurance for a device if you wish to do so. ---------- FAQs on Assistive Technology Funding - Cultural Diversity By Steve Mendelsohn, Esq., Susan Goodman, Esq., and Ted Pinnock, Esq. This is the third in a series which features frequently-asked questions posed to ATFSCP staff through the project's trainings, technical assistance, and outreach activities. Question: Are there any special sections in the Technology-Related Assistance for Individuals with Disabilities Act (Tech Act) that talk about meeting the needs of persons with disabilities from culturally diverse groups? Answer: Yes. One of the six priorities in the Tech Act (Sec. 102.(e) (7) (ii)) is aimed at maximizing outreach to underrepresented and underserved groups. An underserved group is defined as any group of individuals with disabilities who, because of disability, place of residence, geographic location, age, race, sex, or socioeconomic status, has not historically sought, been eligible for or received assistive technology. [29 U.S.C. 2202(8)] Programs using Tech Act funds are expected to make and document efforts to reach underserved and underrepresented groups. These programs are also expected to make materials available in the language(s) needed in the particular community with which they are working. The Department of Education requires states to report on what they have accomplished in this area. Question: I am advocating for several young adults who may be eligible for services from Vocational Rehabilitation (VR). How is the application process accessible to people who do not speak English as their primary language? Answer: The Rehabilitation Act requires that VR program materials be made available in languages other than English, in geographic areas where there is a large population of foreign language speakers. In other words, if an area has a large population of people who have relocated from Vietnam, materials should be available in that language. There are no formal procedures for determining which materials will be made available in which languages. However, a request should be made to a senior management person at the local Division of Vocational Rehabilitation, to make materials available in needed formats. ---------- FREQUENTLY ASKED QUESTIONS By Susan Goodman, Esq. November, 1996 Q: An evaluation was conducted for my child, and it was recommended that he receive an assistive listening device. We requested that it be put on his Individualized Education Plan (IEP) because he needs it at school. The principal refused to it on his IEP because she said that federal law has changed and it is no longer required. Is this true? A: Although the Individuals with Disabilities Education Act was supposed to be reauthorized this year (see Update on IDEA Reauthorization, featured in this issue), Congress adjourned without taking action on a new bill. Therefore, no changes in the present law took place. School districts are still required, under current law, to consider assistive technology devices and services when it is determined that the student needs it to benefit from his/her educational program. Q: I am 25 years-old and have cerebral palsy. I do not have health insurance because I hold a part-time job that does not offer benefits. Will the new insurance law passed by Congress require my employer to provide me with health insurance? A: Unfortunately, no. The new law called The Health Insurance Portability and Accountability Act of 1996 (known as the Kennedy-Kassebaum bill) does not require employers to provide health insurance to employees. The bill addresses the needs of individuals who currently have employer-related health insurance who lose or change their jobs. It does not change the status of the 42 million Americans who are uninsured. Q: My child qualified for, and has been receiving, SSI cash benefits from the Social Security Administration since 1990. We applied for these benefits prior to 1990, but did not qualify until the law was changed to include my child's disability. The money we receive from SSI is very important to us. Without it, we would be unable to purchase many of the items my child requires. I have heard that my child may no longer be able to receive benefits due to more recent changes in the law. Is that correct, and if so, what should I do? A: That is correct. The Individual Functional Assessment (IFA) became law in the early 1990's. The IFA allowed many children with severe disabilities who did not meet the more stringent definition of disability used prior to 1990, to receive cash benefits. Prior to 1990, the Social Security Administration used a list of "impairments" to determine eligibility. After 1990, children could qualify if an individual functional assessment (which considered all facets of a child's functional level) to determine what disability were present. However, as part of the new welfare reform legislation signed by President Clinton, the IFA was repealed. The new law requires that children must have a "medically determinable physical or mental impairment which results in marked and severe functional limitations." The Social Security Administration will write regulations to decide what that means. Children who qualified under the IFA will be reevaluated after this happens. Children who fail to requalify may also lose their Medicaid coverage. Parents should make sure that they receive good information about: (1) what the requirements are to meet the new definition (when they are notified that their child will be reevaluated); (2) what kind of evidence they need to prove that their child qualified under the new definition; and, (3) where they can obtain legal assistance. Q: Earlier this year there was a lot of discussion about whether IDEA and the Americans with Disabilities Act (ADA) should be considered "unfunded mandates." Are they considered unfunded mandates? A: The Unfunded Mandate Reform Act of 1996, passed early in the last Congress, prevents the federal government from passing and enforcing laws that would force states to spend money. IDEA and the ADA were not considered unfunded mandates because the ADA is considered a civil rights law, and IDEA is not a mandate. In other words, states are not required to participate in IDEA unless they want the federal money that comes through the program. However, attacks on IDEA are expected to continue and the disability community must be vigilant in protecting it and all disability-related laws. Q: My 24 year-old daughter has severe disabilities and is living in a house in the community. Her living arrangement, and the services she receives, are funded through Medicaid. Has anything happened to change the law in a way that would affect her? A: Drastic proposals passed by Congress to repeal to Medicaid and replace it with a block grant to the states were vetoed by President Clinton. However, regardless of what happens at the federal level, states are continuing to move into managed care programs at a fairly rapid pace. When this happens in your state, the services your daughter receives could be affected. ---------- FREQUENTLY ASKED QUESTIONS ABOUT THE LEGISLATIVE PROCESS By Steven Mendelsohn Esq., December 1996 Question: Where do laws come from? Answer: Laws passed by Congress, state legislatures by county or municipal councils, go through a formal process to become laws. To begin the process, a member of the legislative body must introduce them. Question: How Does a Bill Get From Congress to the President's or the Governor's Desk? Answer: In the US Senate and the House of Representatives, each bill introduced is assigned a number. Senate bills begin with "S.", and bills in the House begin with "H.R." It is the same in most state legislatures. A joint or concurrent resolution introduced by both Houses may have a different prefix. After introduction, a bill is referred to the committee or committees that have jurisdiction over the subject matter. For example, in the Senate the Subcommittee on Disability Policy had jurisdiction over the Individuals with Disabilities Education Act (IDEA). However, many committees had jurisdiction over the Americans with Disabilities Act because the range of issues was much broader in that bill. The committee to which a bill is referred may make a difference in its passage. Some committees may be more favorable to a bill than others. Sometimes there may be many bills, similar or different, introduced on the same subject. Once a bill is referred to a committee, a process called "mark up" begins. In this process, the bills are usually edited and reworked. The Committee reviews them, often line by line. Votes are taken on various sections of the bill. The result may be a version of the original bill, or a combination of several bills in one committee version, or no bill at all. A bill introduced by a member of the majority party is more likely to be marked up and reported out than one introduced by a minority party member. This process may be unfolding in both chambers of Congress, or in both houses of your state legislature, simultaneously. Remember, both houses must pass a bill for it to become law. If the versions passed are different, a Conference Committee is convened. This consists of members of both chambers. It will be convened to develop a joint bill, which must be adopted as the final version by each chamber. In most state legislatures, the mechanism used is for one house to adopt the other house's version. However, a bill should be introduced in both houses. A chamber is not likely to adopt the bill passed by the other if it has not passed its own version. Question: What happens after the Committee stage? Answer: A bill reported out by a committee with a recommendation for passage has no guarantee that it will be passed, or even that it will ever get voted on by the full chamber. Each legislative body has its own set of rules. A bill may be voted out or brought up after being voted out under a "rule" that bars any changes or "amendments." In other cases, the determination of whether or when the bill will be put on the calendar for consideration on the floor will depend upon the decision of the speaker or the majority leader. This usually happens in the state legislatures. In the U.S. Senate, the vote of three-fifths of the members is necessary to end debate and force a vote on most bills. This procedure is called "cloture." Under the rules of the House of Representatives, the time allowed for debate is usually determined by the existing procedural rules or by agreement among the bill's managers and other leading players. If amendments to the bill are allowed when a bill is comes to the floor, the advocacy surrounding it usually comes to a peak. Many amendments may be offered as supporters of the bill try to gain the support of opponents, or as opponents try to make the proposal unpalatable to its supporters. Some amendments are introduced because members feel they would really help; others are introduced for tactical reasons. Eventually a version is passed by each chamber. After that happens, the Conference Committee convenes. This committee is made up of representatives from the Senate and the House of Representatives. Agreement is usually reached by approving language proposed by both chambers when there are differences. After the committee finishes its work, the bill will come back for vote. Ordinarily, it will be passed. Question: What Happens After Congress or the State Legislature passes the bill? Answer: The next step is for the President or Governor to sign or veto the bill passed by both chambers. In most cases at the federal level, the President must accept or reject the substance of the law as a whole. If the bill is signed (or if no action is taken within a specified time) the bill becomes law. If it is vetoed, it goes back to the Congress or state legislature, which can override the veto with a two-thirds majority of both chambers. Question: Does anything else happen after the bill officially becomes law? Answer: Many laws are written very generally. They contain sections which state that they must be implemented by a certain federal agency. This means that regulations defining its terms, clarifying its unclear sections, and arranging its enforcement must be adopted. For example, the Architectural and Transportation Barriers Compliance Board (the Access Board) and the Federal Communications Commission (FCC) are trying to decide what the accessibility section in the Telecommunications Act of 1996 means. The Act does not clearly define accessibility. The FCC must define, with public input, the meaning of "readily achievable" in the section of the law that refers to equipment and services accessibility. Therefore, the guidelines they develop will have a great impact on the new law. To secure general information on the project, contact: Assistive Technology Funding & Systems Change Project, 1660 L Street, NW, Suite 700, Washington, DC 20036 Tel: (202) 776-0406 Fax: (202) 776-0414 Email: atfscp@aol.com. To secure information & individual assistance on AT funding issues, contact: 1-800-827-0093 (voice) 1-800-833-8272 (TDD), or (404) 919-8305 (fax) The opinions expressed herein do not necessarily reflect the position or the policy of the U.S. Department of Education, and no official endorsement by the U.S. Department of Education of the opinions expressed herein should be inferred