New Legislation Impacts AT Access

Beth Mineo, DATI Director

President Bush signed two bills into law recently that will have significant impact on access to AT. The Assistive Technology Act of 2004 (HR 4278) supports continuation of the Delaware Assistive Technology Initiative (DATI) and its counterpart programs throughout the country. The new AT Act requires states to offer services that will ensure direct access to technology, such as equipment demonstration and loan programs, device reutilization programs, and alternative financing programs such as low-cost financial loans. In addition, AT Programs nationwide are responsible for implementing training and technical assistance, public awareness, information-and-referral services, and coordination and collaboration with public and private entities. The DATI's existing structure aligns closely with the new mandates, so there will be no need to retool the program as other states are now having to do. The AT Act of 2004 also supports state grants for protection and advocacy programs related to AT and national activities such as a national public awareness toolkit, research and development, technical assistance and training, data collection, and a national public internet site.

Many Delawareans took the time to tell members of Congress how they had benefited from DATI services and to urge them to support the AT Act of 2004. Thank you for making your voices heard! Congress realized how much the nation depends on AT Act Programs and took action to ensure that they will continue.

The other new legislation is the long-awaited reauthorization of the Individuals with Disabilities Education Act (IDEA). "The New IDEA, Still Great But Different" provides an overview of the new law, but I want to highlight a few important provisions related to AT access.

• The first is that the definition of AT and related services was amended to exclude medical devices that are "surgically implanted."
• The law also authorizes states to reserve up to 10 percent of their federal dollars for "state level activities" that can include the improved use of technology, including universal design principles and AT, in the classroom for enhanced access to the general curriculum and enhanced learning.
• Another exciting provision is the establishment of the National Instructional Materials Access Center, which will receive and maintain a repository/catalog of accessible, electronic textbooks that conform to the National Instructional Materials Accessibility Standard (NIMAS). IDEA requires schools to provide accessible instructional materials in a timely manner to students who are blind or have other print disabilities, and schools can opt to enter into agreements with publishers to get the materials in the NIMAS digital format or have the publisher produce the specialized format directly. State education agencies are required to work with the AT Act program in the state to implement the requirements for access to instructional materials.