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Delaware Assistive Technology Initiative

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Vol. 5, No. 4 July/August 1997

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Financing Assistive Technology

IDEA Reauthorized: A Look at the Old and the New

Ron Sibert, DATI Funding Specialist

Certain federal laws are passed on a time-limited basis and must be reauthorized in order to remain in force. This gives Congress and the President the chance to make adjustments as the times and people's needs change. Such is the case with the Individuals with Disabilities Education Act (IDEA)--the special education law. This important law's recent reauthorization came with several notable changes-some that are likely to impact how public schools provide assistive technology (AT) devices and services. Here's a brief look at a few of the old and new provisions of the IDEA that are likely to affect AT.*

Interagency Requirements

There is sometimes substantial overlap between services schools provide as part of their free appropriate public education (FAPE) mandate and those that other agencies (such as Medicaid and other public entitlement programs) are required to provide.

Old: The old law has a very limited (historically ineffective) provision that prohibited other funding sources such as Medicaid, SSI, etc. from reducing their assistance with respect to individuals eligible for FAPE.

New: The new section requires an identification of (or method for defining) the potential contributions of other agencies with responsibility for funding. It specifies that the responsibility of the other agencies may precede the financial responsibility of the school (assuming the other agencies' eligibility requirements have been met). It also allows schools to pay for the educationally necessary part of FAPE and then bill other responsible agencies-public or private insurance for the medically necessary portion, for example-when appropriate. Finally, the new section requires interagency financing agreements to be addressed through state law, regulations, signed agreements, or other appropriate written methods. Delaware's Department of Education has already established agreements with agencies such as Medicaid and the Division of Vocational Rehabilitation, but the AT-related aspects are still being refined.

Inclusive Assessments

One newly adopted provision requires children with disabilities to participate in state-wide and district-wide assessment programs with appropriate accommodations. Any necessary modifications in state- or district-wide assessments or alternative assessments are to be used. Voice activated software, voice recording, and language simplification are examples of accommodations that have been or are being explored by our State Education Department.

Comprehensive IEPs

The new law is more explicit about what is required on the Individualized Education Program (IEP).

Old: The old language required special education & related services to be included on the IEP. It also called for the consideration of AT and other supports in developing the IEP.

New: The newly reauthorized law includes not only special education and related services, but also mentions supplementary aids and services and program modifications and support for school personnel. In addition, it adds a list of special factors that are to be considered by the IEP team. These include behavior support needs for students with behavior problems, language needs of students with certain types of learning disabilities, braille needs of visually impaired students, communication needs of hearing impaired students, and "whether the child requires assistive technology devices and services." Of course the issues of how the need for such supports is determined, and how they are deployed are yet to be addressed.

Attorneys' Fees

There are new requirements for parents seeking to recoup due process-related attorneys' fees. The word is: "proceed with caution."

Old: School districts were required to pay families' attorneys fees if the family prevailed in its dispute with a school district.

New: The new law restricts public payment of attorneys' fees for any IEP meeting or mediation that occurs before the filing of a due process action. Similarly, attorneys' fees may be denied legitimately if parents fail to notify the school of their concerns prior to filing a due process action. Note that in addition to a description of the complaint, this prior notification must include the student's name, address, and a proposed problem solution.

In summary, the new law contains additional protections and responsibilities for schools and families alike. In Delaware, several of the new provisions will simply serve to clarify or fine tune already well established practices-a good thing. However, we will not know the effects of several of the more complex provisions until Congress renders final regulations and the State begins adjusting its policies accordingly. Stay tuned... there are bound to be some interesting developments in the coming months.

* Several of the comparisons include excerpts from materials provided by the Missouri Assistive Technology Project.

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