The AT Messenger bringing technology to you Delaware Assistive Technology Initiative (DATI) • Fall 2015 DATI's Newest Specialist on Board aren Latimer is the newest member of Karen has the DATI Team. Serving as an Assistive a degree KTechnology Specialist in both New Castle in Deaf and Kent Counties, Karen is no stranger to the world Education, of AT. She has decades of experience, most recently and she has as AT Specialist at the Pennsylvania Initiative on extensive Assistive Technology (PIAT)—DATI’s sister program background in PA—and as a Student Services Coordinator for AT working with at Temple University’s Disability Student Services. technology solutions Prior to coming east, Karen was the CEO at TECH4U for Deaf Adaptive Solutions in Phoenix, Arizona where she and Hard assisted individuals and families in finding solutions of Hearing that enabled them to work, live independently, and populations. She is also fluent in American Sign attend school. In addition to providing individual Language. Over the years she has broadened her assessments, Karen worked with employers to skills to include most types of AT. Karen is one of implement reasonable accommodations for employees only eight individuals in Delaware to be credentialed with disabilities. by RESNA as an Assistive Technology Practitioner (ATP). Inside this issue: To Contact DATI’s Central Site or the ATRC closest to you, call 1-800-870-DATI (3284) What You Should Know as a Student or Parent of a Student with a Disability-Related Need for Press Accessible Instructional Materials ……………...2 #1 for English or #2 for Spanish AIMing for Access to the Curriculum for Students Then press with Print Disabilities …………………...………..6 #3 for the Central Site office Homegrown in Delaware ………………….…….8 #4 for the New Castle County ATRC #5 for the Kent County ATRC CapTel Captioned Telephone ………….……….9 #6 for the Sussex County ATRC That’s AT? ……………………………………….10 TDD callers: Do not press #1 or #2 and your Delaware AT Exchange ……………………......12 call will be answered on a TDD line at the Central Site office. Can I Connect? ………...……………..………...14 FALL ISSUE 2015 • 1 What You Should Know as a Student or Parent of a Student with a Disability-Related Need for Accessible Instructional Materials Marissa L. Band Staff Attorney, Disabilities Law Program, Community Legal Aid Society, Inc. ll students in publicly funded schools have a print disability receive instructional materials have a right to learn and to have access in accessible formats and in a timely manner. The to instructional materials that will allow IDEA regulations clarify that students (even if they A i them to do so. Some students, however, may find are not blind or have a print disability , as discussed it difficult or impossible to use “traditional” school below) are entitled to instructional materials in materials, such as paper textbooks, because of their other formats if they need them because of their visual, print, or other disability that interferes with disabilities. Under the IDEA, students must be their ability to read standard text. These students provided with AIM if it is necessary to ensure that a may need what is called Accessible Instructional student receives a free, appropriate, public education Materials, or “AIM”, which is a term for school “FAPE.” In Delaware, for special education, FAPE materials that are in an alternative format, such as has a definition that offers students more protection large print, Braille, audio, or electronic/digital text. than the standard established by the federal rules. For Delaware students, briefly stated, FAPE is specially The good news is that there are several laws that designed instruction and related services that are protect students with disabilities who need AIM in required to assist a student with a disability to benefit order to benefit from their education. These laws from the student’s education. In Delaware, FAPE include the Individuals with Disabilities Education means an education that provides significant learning Act “IDEA”, Section 504 of the Rehabilitation Act to the child with a disability and confers meaningful “Section 504”, and the Americans with Disabilities benefit on the child with a disability, that is gauged Act “ADA.” All students who meet the definition to the child’s potential. In Delaware, schools must of an individual with a disability under Section 504 provide students with AIM at no cost if needed and the ADA are protected by those laws, including for FAPE; in other words, if the AIM is needed students in special education (students with to provide significant learning, for the student to Individual Education Programs under IDEA). Not all meaningfully benefit from their education, which is students with disabilities need “special education” gauged to their potential, it must be made available (sometimes, students with disabilities simply need to that student. Under the IDEA, AIM should also a minor change to the school program in order to be provided to students with disabilities to enable benefit from their education, rather than requiring the them to be educated with peers without disabilities specialized instruction provided under IDEA). Let us to the maximum extent appropriate. For example, first begin with the IDEA and then we will broaden if providing a student with AIM would allow them our discussion to Section 504 and the ADA. to continue to be educated in the general education classroom, rather than a separate classroom, then AIM for Students with Individual Education AIM must be provided. IDEA also requires that if Programs “IEPs” under IDEA equipment is necessary in order to utilize the AIM, the student must be provided with a device – at no A. General Requirements cost – for the student to do so; school districts may need to provide training and technical assistance IDEA requires that students who are blind or who for the student and/or parents regarding the use of FALL ISSUE 2015 • 2 the AIM. In cases where the AIM is delivered via Materials Access Center “NIMAC” to help make a device, the district is required to pay for repairs, sure there is more AIM created for students who are batteries, or other services to keep the equipment blind or who have print disabilities. For students working well. If the device providing the AIM must eligible under NIMAS, this makes it easier for be taken away for repair, the school must provide schools (and thus the student) to obtain accessible similar supports while the device is gone. instructional materials. While this is a good thing for students with print disabilities or who are blind, B. “Special Factors” if a student needs AIM but does not fit into the rules for NIMAS/NIMAC eligibility they may be told, IDEA regulations require that, when developing wrongly, that they cannot be provided AIM. While IEPs, IEP teams must discuss certain specific it is true that only those eligible under NIMAS are considerations, called “special factors”; there are entitled to NIMAC derived materials, it is not correct five such factors in the federal regulations.ii Several that students who need AIM cannot be permitted of these “special factors” are relevant to the AIM access to AIM through other sources. discussion. For students who are blind or visually impaired, the IEP team must specifically consider It is very important to remember that, in fact, the and include in the IEP whether the child will be IDEA, the ADA, and Section 504 require that instructed in Braille, unless, after consideration of students with a disability-related need for AIM, an evaluation of the student’s reading and writing regardless of if they have some type of disability skills, needs, future need of Braille, and appropriate other than print impairment/blindness – hearing reading/writing media, that instruction of Braille is impairments, learning or intellectual disabilities, not appropriate for a child. Another required topic etc. – must still be provided with appropriate that must be addressed when developing an IEP is AIM in a timely manner.iv The IDEA regulations the student’s need for assistive technology devices about NIMAS specifically state that the NIMAS and services, which includes AIM in forms such as regulations do not relieve the state school systems audio and electronic text. Communication needs, from ensuring that children with disabilities who including some specific needs of students who are need instructional materials in accessible formats, deaf/hearing impaired, are also a “special factor.” but who are not covered by NIMAS, receive those Significantly, Delaware has demonstrated notable instructional materials in a timely matter (see innovation in adding an additional “special factor” 34 CFR § 300.172(b)(3))! The Office of Special in the Delaware special education regulations, Education and Rehabilitative Services also has which directly addresses AIM: IEP teams have a clarified that the obligation to provide accessible specific requirement to consider the need for AIM materials to all students who need them remains for students who are blind, visually impaired, and/ whether or not the student qualifies for NIMAS- or have a physical or print disability.iii On the actual derived files.v In other words, a student not eligible IEP document, these “special factors” have specific under NIMAS but who nonetheless needs AIM can check-boxes that must be checked indicating still get it from another source!vi whether or not the student has a need for the “special factors”; if “yes” is checked the need should be Protection for Students with Disabilities under addressed in the IEP. the ADA and Section 504 C. The National Instructional Materials Accessibility Section 504 and the ADA in the context of public Standard... and Beyond schools is about ensuring that schools provide all students, including students with disabilities, the The newest version of IDEA adopted the National ability to equally participate in their education.