Awake:Scientific Learning:Advocating for Accessible Information:, AT & Medicaid

[Guest guest]

<A HREF= " http://www.scientificlearning.com/ " >Click here: Scientific

Learning</A>

(MS)

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<A HREF= " http://www.nls.org/conf/508-504outline.htm " >Click here: Advocating for

Accessible Information: Section 508 and Other

Federal Mandates</A>

(MS)

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CEC

<A HREF= " http://www.cec.sped.org/pd/reading.html " >Online Workshop: Beginning

Reading Instruction</A>

<A

HREF= " http://www.cec.sped.org/pd/reading.html " >http://www.cec.sped.org/pd/readin\

g.html</A>

As any teacher knows, reading is the foundation for all learning. Students

who do not have a solid foundation of reading skills will continue to fall

further behind their peers. This program will provide an easy-to-use

methodology for teaching these important skills.

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<A HREF= " http://www.causeonline.org/Jan02/NYLN.htm " >The 2002 National Youth

Leadership Conference</A>

<A

HREF= " http://www.causeonline.org/Jan02/NYLN.htm " >http://www.causeonline.org/Jan0\

2/NYLN.htm</A>

July 26 - 29, 2002 at the Hyatt Regency Washington On Capitol Hill which is

near the United States Capitol in Washington, DC.

Participants will have exciting opportunities to learn from national

disability leaders, public officials, and other young leaders with

disabilities from all over the country. Approximately 70 youth will be

chosen to participate.

(MS)

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Report Card for Parents on IEP progress

Courtusey of: asearchers@... (asearchers)

<A

HREF= " http://www.dpi.state.nd.us/speced/guide/iep/sample.pdf " >http://www.dpi.sta\

te.nd.us/speced/guide/iep/sample.pdf</A>

<A

HREF= " http://www.classiep.com/progress.pdf " >http://www.classiep.com/progress.pdf\

</A>

<A

HREF= " http://star.nm.org/ai/cases/three/language.htm " >http://star.nm.org/ai/case\

s/three/language.htm</A>

<A

HREF= " http://www.pps.k12.or.us/depts/speced/documents/C-Forms/C07- " >http://www.p\

ps.k12.or.us/depts/speced/documents/C-Forms/C07-</A>Progress.pdf

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<A

HREF= " http://www.wadleighlaw.com/Articles/Municipal/special_education_case_law_r\

eview.htm " >Click here: Special Education Case Law Review</A>

Great Usefull Site(asearchers)

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Subj Availability of Assistive Technology Through Medicaid

(Courtsey of: asearchers@... (asearchers))

<A HREF= " http://www.nls.org/atart.htm " >http://www.nls.org/atart.htm</A>

1. Special Education Law: the Basics

The rules governing special education are in the federal

Individuals with Disabilities Education Act (IDEA) and in federal

regulations. 20 U.S.C. '' 1400 et seq., 34 C.F.R Part 300. IDEA

guarantees eligible children a free appropriate public education

(FAPE). Since all special education services, including assistive

technology (AT), must be free, a family's income is never a factor.

20 U.S.C. ' 1401(a)(18). The local educational agency (LEA) is

responsible for providing special education services without cost to

the parents or student. Id. '' 1412(1), 1414(a)(6).

IDEA authorizes the provision of special education and related

services to qualified students with disabilities. " Special education "

is instruction designed to meet a student=s unique needs. It includes

assistance by a special education teacher to the student or to the

regular education teacher. It can occur in a regular class, a

resource room, a special class for all or part of the day, or in a

special school. Id. ' 1401(a)(16); 34 C.F.R. ' 300.17. To qualify for

services, a child must have a disability, such as a speech, health,

orthopedic, hearing or visual impairment, mental retardation, or a

learning or emotional disability, which interferes with the ability

to benefit from a regular education program. 20 U.S.C. ' 1401(a)(1);

34 C.F.R. ' 300.7.

" Related services " are developmental, corrective and support

services required to assist a student to benefit from education. They

include, among other things, occupational and physical therapy,

speech pathology, counseling and health services. 20 U.S.C. ' 1401(a)

(17); 34 C.F.R. ' 300.16.

The U.S. Supreme Court, in Board of Education v. Rowley, ruled

that a school is not required to provide the " best " education

possible or one designed to maximize potential. However, the program

must be based on the child's unique needs and be designed to enable

the student to benefit from the education. 458 U.S. 176, at 188-189

(1982).

IDEA requires that students receive special education services

in the least restrictive environment. Removal from regular classes

should only occur when a child cannot be successfully educated in

regular classes with supplemental services. If removed for part of

the day, the student must still be educated in the mainstream as much

as possible. 20 U.S.C. ' 1412(5)(; 34 C.F.R. ' 300.550.

The child's needs and the services to be provided must appear in

a written individualized education program (IEP). 20 U.S.C. ' 1401(a)

(20); 34 C.F.R. ' 300.346.

The IEP must be developed at a meeting with a group of people,

including the parents, who are knowledgeable about the child. The

parents are considered " equal participants " with school district

officials in developing the IEP.34 C.F.R Part 300, Appendix C, Quest.

26.

The committee or multi-disciplinary team which develops the IEP

is known by different names in different states. We will call it the

IEP committee in this article.

The IEP must specify the placement, all special education

services, any supplementary aids or related services and how often

each will be provided. The IEP committee must review the IEP at least

annually.Id. ' 300.343(d).

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2. AT in the Schools -- What is it?

Since 1990, IDEA has included definitions for AT devices and

services that are similar to the definitions found in the Tech Act..

Under IDEA, an " AT device " is one used to maintain or improve

functional capabilities of a person with a disability; an " AT

service " is one that assists in the selection, acquisition or use of

an AT device. AT services include evaluations, adaptations,

maintenance or repair of AT devices. AT services also include

training or technical assistance for professionals, the individual

or, where appropriate, the family. 20 U.S.C. '' 1401(a)(25) and (a)

(26); 34 C.F.R. '' 300.5 and 300.6. The more common AT devices used

in the schools include computer equipment and adaptations;

augmentative communication systems; assistive listening devices; and

adaptive seating systems. See representative list of AT devices in

section I, supra.

IDEA's legislative history stresses the importance of AT in the

lives of students. The House Report notes that advances in AT provide

new opportunities for students to participate in educational

programs. For many, AT will redefine an " appropriate placement in the

least restrictive environment. " House Report No. 101-544, 5 U.S. Code

Cong. & Admin. News, p. 1730 (1990).

The federal regulations specify that AT may be considered as

special education, related services or supplementary aids and

services to ensure placement in the least restrictive environment.

These services must be approved by the IEP committee and listed in

the IEP. Id. ' 300.308; U.S. Dept. of Educ., Office of Special

Education Programs, Policy Letter to S. Goodman (8/10/90), 16 Educ.

Handicapped L. Rep. 1317.

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>

Mike Savory

AWAK(e)A © 2001

" Advocacy With Abundant Keys to

Excellence and Access "

Offering Advocacy in: Community Service,

Student Advocacy, & Facilitation

(Volunteer)

Adolescence Doesn't Die

IT Just Gets Buried !...

Don't Give Up The Fight.

Advocate for Children &

Persons Who Experience

Disabilities in daily living.

© 2001