Protecting and Enhancing AT Access in Delaware

During the Fall of 1994, the Disabilities Law Program (DLP) of Community Legal Aid Society was awarded a subcontract from the DATI to provide additional legal advocacy services to individuals being denied access to or funding for AT devices. Since that time, DLP attorneys and paralegals have focused attention on a number of issues affecting both children and adults in Delaware who need AT.

A priority objective for DLP during the first year was to ensure that school districts consider a child's AT needs when developing the IEP, or individualized educational plan. Throughout this year, DLP staff were successful in advocating for the inclusion of AT devices in the IEPs of several children with special needs. One child was supplied with a Dynavox, a device to augment her spoken communication, through the educational planning process. Other children were assisted in acquiring devices such as a computer with an adaptive keyboard and a laptop computer with special software.

In order to provide the appropriate AT for students, it is essential that the IEP process include an AT evaluation when the student's needs warrant such action. It has become clear to parents, educational personnel, and DATI and DLP staff that specialized expertise is needed in each school district to coordinate AT evaluation, service delivery, and training for staff, parents, and students. DLP is committed to working toward a more systematic, unified approach to the provision of AT-related services.

Other activities under the DLP subcontract from DATI have led to developments for individuals who need Medicaid coverage of AT devices. The efforts of the DLP staff have led to review and clarification of Medicaid's policy on coverage of augmentative and alternative (AAC) devices for adults and children. Other coverage issues have included whether devices such as printers and writing components for children should be covered by Medicaid.

A variety of other issues have been brought to the attention of the DLP AT staff. One of these pertains to the need for special fire alarm and security devices for persons with disabilities residing in apartment buildings. Another concerns the lack of AT for use by residents of group homes.

A second component of the DLP's work with DATI has been to assess whether any follow-up services were needed by those who had previously contacted the Assistive Technology Resource Centers (ATRCs) for assistance. Currently the DLP staff, through the ATRCs, is conducting a survey of health care professionals and providers who work with consumers. The purpose is two-fold: simultaneous with raising awareness about the services provided by DATI and DLP, surveyors are attempting to learn of specific individuals who may have been denied coverage for AT devices. DLP may then be able to offer assistance in pursuing more positive resolutions for these cases.