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Assistive Technology Resources · Helpful Links · Trends in Assistive Services & Technology · Home Medical Equipment Warranties · By: Sandra R. Osborn Sponsored by: Florida Alliance for Assistive Services and Technology, Inc. Table of Contents Executive Summary 3 - 4 Trends in Assistive Services & Technology:In the Nation and in the State of Florida 5 - 14 Florida Regulations and Policies Affecting Assistive Technology 15 - 16 References 17 Sharing the Vision March 5, 1990 18 - 20 Planning for Assistive Technology Technology Policies April 9, 1999 21- 25 Executive Summary Assistive services and technology appropriately utilized can allow children and adults with disabilities to take advantage of the full range of educational, employment, and leisure opportunities in their communities. The Technology Related Assistance for Individuals with Disabilities Act has been in existence for ten years with Tech Act projects in all 50 states, the District of Columbia, and 5 territories.In Florida there are multiple Federal mandates and local programs that deal with assistive services and technology.Has this resulted in a well-coordinated system that consistently provides individuals with disabilities, their families and service providers with timely access to needed assistive technology and services? This project is to examine current national trends and Florida laws, regulations, agencies’ policies, and funding streams related to assistive technology and services.The specific objectives of this project are as follows: 1.Examine current national trends related to assistive technology and service provision. 2.Review all Florida regulations, policies and funding streams concerning assistive technology and services to identify conflicting policies and make recommendations that will resolve the conflicts, providing for a more coordinated system. 3.Facilitate a minimum of two meetings to discuss conflicting issues with key stakeholders.Provider shall facilitate consensus building between stakeholders on resolutions for conflicting laws, regulations and/or agency policies. 4.Recommend a model of coordinated service provision including recommendations for regulations and policy changes and/or legislative platform issues. 5.Develop strategies and outline marketing approaches that may be needed to build consensus among key stake holders, advocacy groups and legislators. This report presents a review of Trends in Assistive Services and Technology: in the Nation and in the State of Florida, a review of Florida Regulations and Policies Affecting Assistive Services and Technology, a report of the March 5, 1999 Key Stake holders meeting: Sharing the Vision, and a report of the April 9, 1999 Key Stake holders meeting: Planning for Assistive Technology Policies. The key stake holders attending the last meeting provided the following recommendations for resolving the high priority barriers to a well coordinated system of assistive services and technology in the state of Florida. Recommendations for Legislative Action 1.Agencies serving citizens with disabilities in Florida will develop one vision statement for assistive technology in our state. 2.Agencies will collaborate and develop methods of transferability of assistive technology devices that will follow the client from agency to agency. 3.Collaborating agencies will propose a way to provide consistent funding streams for assistive services and technology for Florida’s citizens with disabilities. 4.Agencies will collaborate to develop a common standard database for people with disabilities who are served by one or more agencies. Recommendations for Agency Action 1.Agencies will collaborate to develop coordinated policies that have a holistic client approach to assistive technology. 2.Agencies will collaborate to develop a clear resource message for assistive services and technology. 3.Administrators in all agencies serving citizens with disabilities in Florida will receive training and basic knowledge of assistive technology with updates on a regular basis. 4.Agencies will review rules that govern provision of assistive technology devices and services, being sure they are consumer friendly, as well as clear agency messages. 5.Agencies will train their staff to provide appropriate services as the main role of the agency. 6.Agencies serving citizens with disabilities in Florida will design one or more longitudinal studies that will follow assistive technology users from their point of entry in the provision of assistive technology devices and services. Recommendations for Federal Action 1.FAAST will disseminate information to all agencies and advocacy groups serving citizens with disabilities in Florida encouraging a grassroots lobbying effort to increase knowledge of and legislative action for assistive technology. 2.Agencies in Florida will lobby for a clear statement of assistive technology policy rules and regulations that must be a part of all staterules and regulations. It is recommended the key stake holders form work groups to include members who have participated in the development of this framework, consumers and family members, representatives of the Chamber of Commerce, private businesses, the insurance commission and representatives of other interested parties. Each work group should be assigned one recommendation area and develop a strategic plan around that initiative. These strategic plans can then be combined to provide one strategic plan that will guide the legislative platform development. Abstract The Technology-Related Assistance for Individuals with Disabilities Act has been in existence for ten years.Congress and agencies alike have been taking a serious look at what has been accomplished and what we need to concentrate on accomplishing before September 2004 when this Act will sunset.The trends are unfolding and it is interesting to see how tech act projects and state agencies across the nation have addressed the issues.There are many ways to get a job done.Those who have been involved during this time are pioneers in the field of assistive technology and have much to be proud of as we count the successes for consumers.The job is not finished, there is much still to be done, but the approach must change and we must work together to achieve a seamless system of service. Trends in Assistive Services & Technology: In the Nation and in the State of Florida An awakening in the United States involving assistive technology began in 1988 with the passage of The Technology-Related Assistance for Individuals with Disabilities Act (P.L. 100-407) (Tech Act). Congress intended to increase access to, availability of, and funding for assistive technology through state and national efforts (An Historic Perspective,1998).This legislation was broad based: Title I of the Act provides grants to states and territories to help them implement consumer responsive, comprehensive statewide programs of technology related assistance for people of all ages who have disabilities (Creating Systems Change, 1998); Title II authorizes funds of national importance with training and demonstration projects; and Title III provides funds to states establishing and expanding alternate financing mechanisms for people to purchase assistive technology devices (An Historic Perspective,1998). The Tech Act provides THE comprehensive definition of assistive technology that is widely used and included in the 1990 reauthorization of the Individuals with Disabilities Education Act (IDEA).The Tech Act “encourages states to modify governmental systems to better provide awareness, information and support, of assistive technology and people with disabilities” (Mittler, 1998 p.6). The Tech Act was amended by congress in 1994 (P.L.103-218) and after requesting the National Institute on Disabilities and Rehabilitation Research (NIDRR) to hold national hearings during the spring of 1998, Congress again reauthorized the Tech Act in September of 1998 to continue its work (Mittler,1998). Today, Tech Act projects are found in all fifty states, the District of Columbia, and five territories.They examine the barriers in their states to accessing and obtaining assistive technology and work to permanently eliminate them; collaborating through contracts with Protection and Advocacy legal services (Creating Systems Change,1998).Tech Act projects will be funded through September 2004 or until a program has received thirteen years of funding.Florida is assured funding through 2004.This federal support for assistive technology should facilitate collaboration among agencies within each state, creating an interagency plan for a seamless system of assistive technology devices and services that offer greater productivity and a better quality of life to citizens with disabilities (Davolt,1998). National Trends Enhancing awareness of assistive technology services has been an ongoing project in each state.Thirty-five state Tech Act Projects have established 147 regional centers to provide information, referral and assistance to consumers in acquiring assistive technology.In 1996, over 91,000 requests for information were answered through toll free phone lines, state information data bases and other centralized information services. Forty-four Tech Act projects have web pages on the Internet to disseminate information.Through Tech Act Projects in 1996, 105,000 professionals, consumers and family members received assistive technology training. Assistive technology information is making its way into university curricula and courses for teachers and therapists.In the state of Washington, the Tech Act Project worked with the state library to place twenty-two accessible work stations for internet hookup in rural libraries.This affects awareness and information access for 348,000 residents in Washington. Heightened awareness of assistive technology has influenced the participation of people with disabilities in roles on planning boards and as members of state boards that license vendors and service providers thus influencing services to people with disabilities (Improving Access, 1998). As early as 1984, the Office of Special Education and Rehabilitation Services of the U.S. Department of Education and the White House, expressed interest in universal design and began bringing computer manufacturers, developers, and consumers together to look at access and the use of standard computers and computer software by persons who have disabilities. By 1985, a task force was established to identify and document ideas for the design of standard computers and to increase their accessibility for all people. Engineers and computer designers agree that many low-cost modifications to computers and the ability to attach special input and output systems could have been included in the original design of computers if developers had been aware of the need for these changes. Barriers to standard computer use abound today for people with physical, visual, hearing and cognitive impairments. The Trace Center at the University of Wisconsin, Madison hosts a document on the World Wide Web that contains specific recommendations to foster universal designs that will be helpful to users in each area of disability (Considerations in Design,1988). Compliance with the Americans with Disabilities Act (ADA) and Section 508 of the Rehabilitation Act which requires access to electronic and information technologies by all state agency employees led Massachusetts to prompt Microsoft’s efforts to require better compatibility between screen readers and applications on Windows 95.This certainly has a major employment benefit for people who are blind or partially sighted (Creating Systems Change,1998). Additionally, Oregon State University has established software access guidelines as a part of their commitment to meet ethical and legal obligations under Section 504 and 508 of the Rehabilitation Act of 1973, 29 U.S.C. 794 & 794d as amended.This assures accessibility to the programs and activities of the University for individuals with disabilities (Hackett-Waters,1999). People in the entertainment field, such as Stevie Wonder and George Lucas, are collaborating with vendors and manufacturers to encourage further advances in developing technology for people with disabilities.It is hoped monetary awards and national recognition will heighten the understanding of how important it is to make technology accessible to all (Frei,1998). The need for equipment loan programs and equipment recycling programs has been recognized throughout the nation.Forty-three states have equipment loan programs and lending libraries. Florida is among them.These short and long term loans are made to children and adults with disabilities, as well as service providers, for evaluations. This is a timely and cost effective service. Thirty-nine projects operate a linking program to match equipment owners who no longer use the equipment with prospective purchasers. Florida has an equipment loan recycling program.In 1996 in New Hampshire, the Tech Act project delivered 1,000 used devices at a savings of $500,000.00. Forty-eight states have equipment demonstration centers so consumers can see and try out high and low tech devices.Some state Tech Act Projects, in collaboration with state universities and legislatures, are setting up evaluation centers. Thirty-three projects have worked with lending institutions to establish low interest loan programs. Alabama’s program began with $1,000,000.00 available in low interest, extended term loans. North Carolina’s Tech Act Project worked with the state independent living program to establish a loan program. All of these efforts make it easier for consumers to determine what is the most appropriate assistive device and to secure it.(Improving Access,1998) There have been several changes through policy and legislation. The need to have consumer protection laws to guard against “lemons” being sold as assistive devices was recognized. Tech Act projects in 38 states have worked with consumers to pass warranty legislation to protect consumers against assistive technology with significant continuing defects (Lemon Laws,1998). Streamlining state purchasing policies to help people with disabilities more easily use the system to receive assistive devices and services has also been helpful. In Louisiana assistive technology is exempt from lengthy state purchasing procedures.The Connecticut project worked with the Bureau of Rehabilitation Services to reduce steps for consumers and time between request and acquisition of a device (Creating Systems Change,1998). The state of Washington enacted legislation which authorizes educational agencies to rent, sell or transfer assistive technology for the benefit of individuals with disabilities, and authorizes creation of interagency cooperative agreements to provide assistive technology for children with disabilities. (State of Washington, 1997) A significant change came about when 15 state Tech Act Projects joined together to develop a model policy for funding of augmentative communication devices under Medicaid.Thirty-six states now provide these devices to children. This success has led to a similar policy being developed for Medicare (Creating Systems Change,1998). Florida has a new Medicaid augmentative communication policy that has recently added adults over twenty-one to Medicaid recipients who are eligible for devices and services (FSAAC Quarterly,1998). Other Medicaid policy changes include:Medicaid Waiver changes in Texas so medically dependent children can obtain assistive technology as a covered service; Medicaid funding for power wheelchairs to residents in skilled nursing facilities in Wisconsin, and wheelchairs as durable medical equipment in Arkansas; the length of the pre-authorization period was changed to a 15 day response time making assistive technology available in a more timely manner in Rhode Island; expanded access to Medigap insurance coverage to 86,000 people in Missouri; and in Florida, FAAST, working with the Advocacy Center, influenced Medicaid to reimburse schools for occupational, physical, and speech therapies for 320,000 eligible students. The state of Delaware Tech Act Project provides training to Division of Services for Aging Adults with physical disabilities to help them be aware of assistive technology policies through Medicare, thus increasing the number of clients who can obtain devices and services. Other legislation that assists people with disabilities in securing assistive technology devices and services includes: tax exemptions for vehicle modification and assistive technology sales; tax incentives for home modifications; provision of assistive technology for university students and matching state and federal funds for tech act project activities. Many states have created or modified organizational structure: Alaska, Missouri, and Massachusetts created task forces and state advisory councils on assistive technology with greater consumer representation on these boards; and Nebraska, Utah, North Carolina, Georgia, and Florida granted tech act projects non-profit status designed to increase access to assistive technology through fee-for-service arrangements, grants and contracts that support expanded activities (Creating Systems Change, 1998). Assistive technology can play a very important part in the education of children with disabilities.Since the inclusion of assistive technology in the Individuals with Disabilities Education Act in 1990, The Council of Administrators of Special Education (CASE) and the Technology and Media Division (TAM) of the Council for Exceptional Children (CEC) has published two guides to assist special educators in knowing how they are responsible for assistive technology for students with disabilities within the educational setting.These monographs provide an overview of important policy and practice issues for special educators in the area of assistive technology. The legal basis for assistive technology in education comes from: The Americans with Disabilities Act (ADA), 35.104 Auxiliary aids and services, and 35.160 General information (b)(1); The Rehabilitation Act, Section 504, 104.33 free and appropriate public education, and 104.4 discrimination prohibited, and The Individuals with Disabilities Education Act 300.308 assistive technology and section 614 (d)(3)(B) considerations of special factors.Educators may be confused by many terms that include “technology”, but assistive technology is defined by the user description which relates to protected rights or entitlement to program benefits. When assistive technology is necessary for a student with disabilities to receive a free and appropriate public education (FAPE), assistive technology becomes an entitlement with legal requirements attached (Golden,1998). Since many children with disabilities are served not only by schools but other agencies and all are charged with providing devices and services, the question of who funds what often becomes an issue.This issue is yet to be resolved in many states in the nation. Accomplishments in Florida Many agencies in Florida were instrumental in supporting the eventual selection of Florida as a site for a Tech Act project in 1991. During the past eight years The Florida Alliance for Assistive Services and Technology (FAAST) has built a network of Regional Demonstration and Satellite Centers to bring assistive technology services to each region in Florida. The South Florida region serves consumers in fifteen counties from Indian River to Key West. There are four regional satellite centersin Broward, Palm Beach, Collier, and Lee counties.The South Florida Regional Center is located at the Stein Gerontological Institute in Miami. The South Florida Regional Center assists with all FAAST activities and has managed the state information and referral services since 1994.This center promotes and operates the recycling and matching equipment program, advertising available equipment in the center newsletter and on-line. Training and information is provided through seminars, print/TV media, tours, and demonstrations. Through collaborations with community partners during the fall quarter 1998, 11 events were held with 301 participants. During this quarter the center provided outreach training and information to 569 people and 21 consumers received equipment from the donor list. Other activities include information and referral, course development, and instruction at local universities, and maintaining a strong focus on collaborative efforts with public and private agencies in the region (Kofsky,1998). The Central Florida Regional Demonstration Center at Tampa General Rehabilitation Center serves 17 counties in central Florida with satellite centers in Orlando and Sarasota.This center promotes awareness and disseminates information related to assistive technology devices and services.They reach over 4,000 consumers with a 14 page newsletter providing information on a range of topics from assistive technology to legislative and policy issues. During the last half of 1998, services were provided to over 300 consumers, family members and professionals.35 referrals were made to the FAAST state recycling and matching program in Miami.The Central Center received 30 computers from the National Christina Foundation for donation to consumers in the region.Presentations and training were provided to 81 participants and community agency employees.The center is developing an Augmentative Communication fee-for-service Assessment Program. Information and training programs are scheduled for the winter of 1999(Mashberg,1999). The Northwest Florida Region is served by a regional coordinator housed in the FAAST state headquarters in Tallahassee, Florida.The region is comprised of 18 counties that stretch from Alabama on the West, to Taylor and Madison counties on the East. There are only 3 cities in this region and many rural small towns.The focus of emphasis has been on strengthening the small community areas.Outreach activities include a letter of agreement with Panhandle Public Library Cooperative for a demonstration site, and negotiations of letters of agreement with the Suwannee Regional Public Library System and the ATEN center in Tallahassee for continued referral of adults for equipment demonstration. Eleven presentations were made during the Fall quarter and there were 15 requests for information and referral (Peacock, 1999). The Northeast Florida Regional Demonstration Center at Hope Haven Children’s Clinic and Family Center in Jacksonville, Florida became the latest regional center in 1998. The Center had been a FAAST satellite center since 1995.This center serves eighteen counties in North Florida with satellite services in Alachua and Volusia counties.A third satellite center is planned and awaits funding in Suwannee County.The Northeast Regional Center provides information and referral activities, fee for service assessments, and training in use of assistive technology for adults and children with disabilities.This center has established community involvement for assistive technology through active leadership in the Jacksonville Coalition of Assistive Technology (JCAT).They maintain the Workplace Accommodation Demonstration Center for training and demonstration as well as the Assistive Technology Resource Library and Adaptive Toy Library.From October through December of 1998, The Northeast Regional Center provided direct service and information and referral information to 667 people.There were 392 fee-for-service assessments and training sessions that were funded by Medicaid Waiver, Developmental Services, Vocational Rehabilitation, private insurance companies, Medicaid Part H, private pay, and scholarships. Demonstrations of assistive technology were provided to 115 people (Shelton,1999). FAAST has been instrumental in the passage of the Assistive Technology Device Warranty Act passed by the Florida Legislature in 1997.This law covers motorized wheelchairs, motorized scooters, optical scanners, environmental control units, braille printers, and additional technology that is listed in the law.To qualify as a “lemon” the assistive technology must have been repaired three times or have been out of service for thirty cumulative days.This law applies to new devices with a substantial defect.Consumers feel more secure knowing they do not have to be responsible for the financial burden of products with substantial defects (Lemon Laws, 1998). FAAST supported the efforts of the Advocacy Center in securing Medicaid funding for augmentative communication devices for children with disabilities needing these devices. The recent expansion of the Florida Medicaid policy to cover augmentative communication aids for those over age 21 who are Medicaid eligible and in need of this technology can be viewed as a natural occurrence following the original efforts on behalf of children.FAAST continues to work with the Florida Department of Education to resolve such issues as inconsistent practices within and between Florida school districts as related to assistive technology (FAAST Report,1998).Through the collaborative efforts of FAAST and Developmental Services, the Developmental Services Home and Community Based Wavier (HCBW) is being amended. By Spring 1999, Assistive Technology Practitioners (ATPs), as assessment providers, and Assistive Technology Suppliers (ATSs) as suppliers of assistive technology, will be included under the wavier (Kimber, 1998). Assistive Technology in education has the potential to equalize opportunities for students who otherwise would have very limited ways to participate in their education. The Florida Department of Education, Bureau of Instructional Services and Community Support (BISCS) began efforts to support assistive technology in 1979 by funding the Communications Systems Evaluation Center (CSEC) in Orange County Public Schools to develop an augmentative communication multidisciplinary evaluation system. In 1983 The Instructional Technology Training Resources Unit, FDLRS/TECH was funded.It provides FDLRS network assistance through information and training, coordination of the statewide software evaluation system, assessment of the effectiveness of technology applications and coordination with other state and national resources (Osborn,1996).In 1992,CSECwas expanded and renamedthe Assistive Technology Educational Network (ATEN) which today has the mission to promote, support and coordinate state wide delivery of assistive technology services for students with disabilities.This support is provided through training, provision of loan equipment and technical support on assistive technology.The network consists of a coordinating unit in Orlando and four regional centers in Tallahassee, Tampa, Palatka and Ft. Lauderdale that provide services and equipment.ATEN has trained over two hundred Local Assistive Technology Specialists (LATS) who are employed by school districts.These specialists identify, assess, and provide technical assistance and training in assistive technology. During the 1997-98 school year ATEN staff presented twenty-two different workshops throughout Florida to 2,635 participants including school personal, family members, care givers, and other agency personnel (Morris,1998). The Department of Education, Office of Educational Technology administers the funds appropriated by the Florida Legislature to insure educational technology access to all students in Florida public schools.Computer technology is used in the subject areas of English, Mathematics, Science and Social Studies with research data indicating student at all levels have higher achievement due to this technology access.Through collaboration with FDLRS/Tech, educational software catalogs indicating software appropriate for special education students is available. Instructional Technology funds provide regional support and assist in funding the four outreach ATEN centers.The Office of Educational Technology is working to establish standards for hardware and construction.There is no mention of inclusion of universal design or software access requirements at this time (Lenkway,1998). Other state agencies that provide assistive technology devices and services to eligible citizensare: The Children and Families Program of the Florida Division of Blind Services providing information about education and accommodating needs of children as well as vocational rehabilitation programs for adults that include job modification, reengineering, vocational evaluation and assessment, transition from school to work, and low vision aids and adaptive technology; The Division of Vocational Rehabilitation which provides technology and assistive technology to clients when the need stems from vocational preparation or participation. DVR employs ten Rehabilitation Engineering Technology Consultants who are assigned to areas of the state and work with individuals with disabilities, their counselors, and employers to provide technology assistance (Florida Developmental Disabilities Council 1998); The Florida Department of Elder Affairs, Programs and Services plans and advocates for policies that assure accessible, responsive and comprehensive services to 23% of Florida’s population sixty years of age and older.The Elder Affairs Advisory Council, which advises the Secretary of the Department, is concerned about activities that will improve the quality of life for older Floridians and assistive technology certainly falls within the areas of home care for the elderly, interagency programs with disability services, and the statewide information clearinghouse through Elder Helpline (Dept. of Elder Affairs,1998). Looking to the Future During the Spring of 1998, the United States Office of Special Education and Rehabilitative Services held five regional hearings around the country, giving people an opportunity to speak out about assistive technology.The testimony pointed out the lack of information that is available and shared with key stakeholders: individuals with disabilities, advocates, researchers, vendors, and service professionals.This need for information is apparent at local, state and national levels, and across all disciplines, including health, education, work and rehabilitation. One solution to this problem would be national information and technical assistance projects that would serve as points of entry for all collection, analysis, and dissemination of information about assistive technology.It would affect the exchange of information for all interested parties from small business to universities and from corporations to child care providers.Fragmentation of services was also highlighted; there is great need for coordination and cooperation to integrate funding formulas for discretionary and categorical funding within service programs.Activities such as pooling of resources, sharing of data and findings,co-ownership of assistive devices, and fostering public, non profit private sector and for-profit private sector partnerships. Expansion of procedures is needed so that equipment purchased with federal funds can be transferred from one federally funded program to another to facilitate transition or continuity of service.Depreciation schedules for assistive technology can be developed so that used assistive devices can change hands as easily as used cars.State laws and regulations should be reviewed to see they do not present barriers to these kinds of transfers.We can legitimize dual-use technology by developing funding formulas and support service definitions that will eliminate turf battles which can make victims of assistive technology users. There is need to acknowledge that the real purposes of assistive technology devices and services is both medical and educational.The vision for assistive technology requires conceptual and financial commitment from agencies to provide and maintain an adequate equipment inventory, technical support teams, and administrative and logistic support.Many funding sources have restrictions on device use that can hold up a needed device for a person with a severe disability. There is continued need for advocacy services.A clearinghouse is needed to provide information on potentially beneficial rules, guidance, practices, and decisions from other states that is current.Access to this kind of information can savetime, money and energy that is wasted on negotiating the same concern in different venues.Training professionals to provide assistive technology services has not been adequately addressed.Assistive technology information should be integrated into university pre-service programs that prepare people for regular and special education teaching, vocational evaluation and rehabilitation counseling, occupational, physical and speech therapies.Universities could develop an interdepartmental curricula and students from each target audience could attend and learn how interdependent they are in serving the assistive technology needs of students and adults.This would insure that participating students gain an awareness of assistive technology services and devices, understand the principles of universal design, know about federal and state laws that impact rights to assistive technology devices and services.At some point, knowledge of assistive technology may become a requirement for licensing.Service providers all over this country who have not had pre-service training opportunities need inservice training to meet the assistive technology needs of their current clients. There should be one certified rehabilitation technology training project in each of the ten federal regions to insure these training opportunities.It was reported during the hearings that at this time, only thirteen higher education training programs address assistive technology.It was further reported that 304,000 students with vision, hearing, mobility disabilities, autism and traumatic brain injury and 564,000 students with high prevalence disabilities will need assistive technology written into their IEPs in 1998-99.It is clear that training available today will not meet the demand for service. Issues to be reviewed include: 1. The development of assistive technology and universally designed technology undertaken as coordinated efforts to allow assistive technology access to the most people at the lowest cost by: (a) developing linkages between industry and the disability community to improve physical, transition and information systems design issues (b) government procurement practices that reward companiesthat actively reach out to include people with disabilities in focus groups or consumer research; (c) highlighting existing tax incentives, in the internal revenue code, for assistive technology and reasonable accommodation expenses for small business and create incentives for cost effective universal design; (d) assuring that federal funds are spentONLY on accessible facilities, technologies and services; (e) ensuring that antitrust laws do not impede cooperation within industry sectors and assistive technology developers in the development of standard platforms, protocols and require accessibility mandates as a condition for licensing hardware and software. 2. Federal policy reform would promote greater accessibility of assistive devices and services and the application of universal design principles.This can be done through tax incentives, investment credits and individual technology accounts similar to individual retirement accounts, new ways to use new revenue sources related to telecommunications and tax code amendments that will allow taxpayers to benefit from assistive technology provisions already in the internal revenue code.The Social Security Trust Fund could be authorized to be used as a no interest long-term loan fund for the purchase of assistive technology available to current Social Security Disability Insurance (SSDI) beneficiaries and current Supplemental Security Income (SSI) beneficiaries.This is an extension of current practices that would support vocational rehabilitation of these people.We must increase the pool of capital available for assistive technology devices and services for those needing them (DRAFT Blueprint,1998). We know that today’s issues are not about the value of accessibility but how we can best achieve it.Nationally and within our state of Florida we need to establish a dialogue with members of industry, the disability community, academic communities and the public that will begin to build consensus about the allocation of costs. “We must extend our vision beyond Tech Act Reauthorization possibilities to a larger picture that reevaluates and rethinks relationships and purposes of rehabilitation engineering and research centers, technology development discretionary grants under IDEA, universal design principles under the Telecommunications Act Section 508 of the Rehabilitation Act, technology infrastructure development in our schools, our tax policy and other public and private research and development efforts.Our multidimensional strategy for the future should be about promoting individual choice and control, motivating private sector involvement, creating new incentives for partnerships that recognize technology as a necessary means to promote productivity and independence.” Michael Morris,
Florida Regulations and Policies Affecting Assistive Technology Sponsored by Florida Alliance for Assistive Services and Technology,Inc. and Florida Developmental Disabilities Council, Inc. March 5,1999 Resources: The Florida Administrative Law Code and The Federal Laws and Regulations Pertaining to the Education of Students with Disabilities Volume 1-C Florida Department of Education 1995 and Florida Statutes and State Board of Education Rules, Revised 1999 were reviewed for any reference to “assistive technology” in education, health services, elder affairs, vocational rehabilitation and blind services. There were very few references that specifically contain this language, therefore; this review contains those references that include durable medical equipment, specialized equipment, and equipment fostering independence. References Found: • Department of Education Florida Statutes228.041 Definitions (19) Special Education Services—- ...assistive technology devices... • Memorandum of Understanding between the Division of Blind Services and the Divisionof Public Schools and Community Education (February 26, 1999). The purpose of this memorandum is to provide the basic guidelines for cooperative program agreements between the Division of Blind Services and the Divisionof Public Schools and Community Education. • Page 3 of the memorandum states the Division of Public Schools and Community Education, through the Bureau of Instructional Support and Community Services, agrees to “...adequately provide for the needs of students with visual impairments, including orientation and mobility training and special instructional materials and equipment needed for students to benefit from an appropriate program of education in the least restrictive environment.” • Page 4 of the memorandum, under financial responsibility, states that the Division of Public Schools and Community Education agree to “...ensure that local education agencies provide orientation and mobility training, braillists, typists and readers for the blind and special instructional materials and equipmentneeded to ensure that all students with visual impairments ages 3-21 are provided a free and appropriate education in the least restrictive environment.” • Division of Blind Services (from Florida Administrative Law Code) 38K-1.033 General (4)(j)... technology aids or equipment... Volume 13, page 729 38K-1.036 Economic Need Policies (3)... equipment and technology aids for training or employment, Volume 13, page 730. • Memorandum of Understanding between the Division of Blind Services and the Division of Public Schools and Community Education (February 26, 1999).The purpose of this memorandum is to provide the basic guidelines for cooperative program agreementsbetween the Division of Blind Services and the Division of Public Schools and Community Education. • Page 3, number 4, The Division of Blind Services will ...provide appropriate non-educational services...and any other goods and services needed for the client’s self-sufficiency. • Social Services Social Welfare Title 30 410.604Community care for disabled adults (3) Community services may include...medical equipment and supplies... • Elder Affairs Chapter 430 Florida Statutes, 1997 430.204 Community care for the elderly core services (1)... the primary purpose is the prevention of unnecessary institutionalization through core services... • Children’s Medical Services Chapter 391 Children’s Medical Services, Part II 393.063Definitions (32) medical/dental services... include... prosthetic devices, specialized equipment... adaptive equipment... • Medicaid Social and Economic Assistance Chapter 409, Florida Statutes 1997 409.906 Optional Medical Services (10) Durable medical equipment...medically necessary... (11) Hearing services...hearing aid devices. • Division of Vocational Rehabilitation Florida Statutes, Chapters 413 and 120 Services and benefits B.4.Rehabilitation technology services include rehabilitation engineering, assistive technology devices and assistive technology services. • Department of Management Services Division of Purchasing (From Florida Administrative Law Code) Chapter 60A-l Definition 60A-1.001 (1) Requisitions—a formal request to procure commodities on behalf of a program area must be signed by an authorized person and must be filed with the purchasing office. (11) Purchase order—an agency document to formalize a purchase transaction with a vendor.Bid required when cost reaches Category one:$5,000. Volume 17, page 52 60A-002:Purchase of Commodities/Contractual Services. (1) Purchases below $1,000, shall be carried out using good purchasing procedures using quotations or written records of telephone conversations. Purchases which meet or exceed $1,000. but less than Category one: $5,000, will be made on two or more written quotations whenever practical.If verbal quotes are received, name and address of company and amount of quote shall be part of the written document.If two quotes are not received, a statement as to why they were not received must be shown.Purchases with dollar value of Category one but less than Category two; $15,000, shall be carried out using written quotes or written records of telephone quotes or informal bids to be opened upon receipt. (2) Competitive sealed bids/proposals are required on purchases exceeding the amount for Category two. Volume 17, page 53. 60A-1.009 Emergency Purchases of Commodities/Contractual Services. (1)(a)Statement under oath. Section 287.057 (3)(a) of Florida Statutes requires an agency head to file with the Division of Purchasing a statement under oath certifying conditions and circumstances requiring an emergency purchase in excess of Category two:$15,000. Statements shall be submitted using “Exceptional Purchase Request/Authorization/Certification”. (b) Individual purchase of personal clothing, shelter or supplies needed on emergency basis to avoid institutionalization or placement in a more restricted setting are deemed emergency situations and filing of such statements is waived.Volume 17, page 60. 60A-l.010 Single Source Purchases of Commodities/Contractual Services if agency determines that commodity/contractual service is available from a single source and the total cost is in excess of Category two; $15,000, the agency shall document circumstances and conditions and post for 72 hours the intended agency action in accordance with Section 120.57(3), Florida Statutes and applicable rule.Requests beyond category four require the Exceptional Purchase Request / Authorization / Certification Form Pur7006. Volume 17, page 60. The only guidelines for use of funding streams is in the Department of Management Services Division of Purchasing.It appears that policies coordinating assistive services and technology are missing in all agencies, leaving consumers without consistent policies to refer to when requesting these services. ReferencesAn Historic Perspective of the Tech Act. The Tap Bulletin.(1998) Arlington:RESNA. 1-6. Assistive Technology in Schools.Directions. Technology in Special Education.(1998). 5. 1-2. Blueprint for the Millennium: An Analysis of Regional Hearings on Assistive Technology for People with Disabilities (DRAFT) (1998) Chicago:UCPA. 30-48. Considerations in the Design of Computers to Increase their Accessibility by Persons with Disabilities, version 4.2 (1988) Madison:TRACE. http://trace.wisc.edu/docs/considerations/consider.txt. Creating Systems Change through Policies, Practices, Laws, Regulations, Procedures and Organizational Structures.(1998) Arlington:RESNA. 1-9. Davolt, S. (1998). Tech Act Passes, Expands ACC Access to Consumers.ASHA Leader. 3. Exchange/recycling Programs offer New Life for AT Devices. The Tap Bulletin. (1998). Arlington:Resna.1-6. FAAST, Inc. Report on Inconsistencies in Practices within and between Florida School Districts. (1998). 1-10. Frei, C.E. (1998) Seeing with the Heart, Exceptional Parent. 28. 22-26. Florida School for the Deaf and Blind. (1998) http://www.state.fl.us.dbs.vrsen.htm. Golinker,L. (1998).Medicaid Guidance. Directions: Technology in Special Education. 5. 1-3 Hackett-Waters,Patricia (1999), http:www.phw@ichp.edu. Improving Access, Provision and Funding for Assistive Technology Devices and Services. (1998).Arlington:RESNA. 1-9. Kimber, C.M., letter October 15, 1998. Kofsky, Beth, Quarterly Report, (1998). Lemon Laws Pass in 38 States.The Tap Bulletin. (1998). Arlington:RESNA. 1-6. Lenkway, P.(1998). Presentation notes from Office of Educational Technology. 1-10. Mashburg, Nancy, Quarterly Report (1998). Mittler, J. (1998). The Tech Act. Directions:Technology in Special Education. 5. 6. New Florida Medicaid AAC Policy. FSAAC Quarterly.(1998). Sarasota. 8. Osborn, S. & Weir, B. (1996). Assistive Technology & Education.24. An Overview: The Florida Department of ELDER Affairs (1998).Program and Services, The Florida Department of Elder Affairs (1998).http://fen.state.fl.us/doea/programs.html. 1-7. Peacock, Sylvia, Quarterly Report, (1998). Shelton, Janece, Quarterly Report, (1998). State of Washington.55th Legislature 1997 Regular session. House bill 1573. http://wata.org/policy/bill.htm Study on the Financing of Assistive Technology Devices and Services for Individuals with Disabilities, A report to the President and the Congress of the United States. National Council on Disabilities (1993). 8-13. The Children and Families Program, Florida Division of Blind Services. (1998). http://www.state.fl.us/dbs/cfpwel.htm. 1-3. Sharing The Vision On Friday March 6, 1999 a meeting was held in Tallahassee, Florida to present Information on Trends in Assistive Technology to key stake holders in Florida.Twenty-three people representing nine agencies were in attendance.Terry Ward, Executive Director of FAAST welcomed the participants and encouraged them to share ideas that could increase the accessibility of assistive technology and reduce the number of people who have disabilities that are unemployed. Sandra Osborn, a private consultant, prepared and presented a twenty-three minute audio-visual presentation on “Trends in Assistive Technology”.[This presentation will be available on video cassette].Even though the Tech Act was reauthorized in 1998, it will sunset in 2004. That gives states, including Florida, just six years to put all the pieces in place to provide meaningful assistanceand a reliable source of information about assistive technology to disabled consumers.The issue of a seamless system of services and funding are yet to be addressed.Systems change will occur when agencies join together to modify, change or eliminate barriers that exist between assistive technology acquisition and consumers.Agency collaboration and cost sharing can lead to a seamless system of assistive technology services and devices and offer greater productivity and a better quality of life to our citizens with disabilities.During the past ten years progress has been made in the areas of: (1) awareness of assistive technology through Tech Act projects in all 50 states, the District of Columbia, and 5 territories with 147 regional centers providing information, referral and assistance to consumers in acquiring assistive technology; in Florida, FAAST, Inc., is the nonprofit organization charged to develop awareness. FASST works through four Regional centers providing information & referral, and advocacy. (2) training for professionals, consumers and family members as well as some inclusion of assistive technology in university curricula and courses;in Florida, FAAST, Inc. and ATEN (Assistive Technology Education Network) provide and coordinate training and educational opportunities for assistive technology professionals.Post-secondary curricula in assistive services and technology are being developed by FAAST through its university affiliations. (3) universal design and universal access (UD/UA) through a national task force and Section 508 of the Rehabilitation Act; in Flor
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