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September 26, 2013

Secondary Education: Secondary Education: Requesting Accommodations Requesting Accommodations

and Obtaining Assistive and Obtaining Assistive Technology Technology

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A disability justice movement working to transform communities.

Home of Michigan’s Assistive Technology ProgramMDRC’s Web Page: www.mymdrc.org Contact mdrc@mymdrc.org

Michigan Disability Rights Michigan Disability Rights Coalition (MDRC)Coalition (MDRC)

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In general, should include:A description of current technology use.A statement of the AT requirements in the postsecondary environment.Information concerning the transfer of equipment, including user manuals and support documents.

IEP Transition Plans and AT

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Identification of key personnel involved in training, accessing funding options, and providing ongoing support

Steps for using and maintaining the assistive technology

An outline of the roles and training needs of team members

IEP Transition Plan and AT, continued

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Follow-up activities including assessment and evaluation

An individualized timeline for implementation

Adapted from Quality Indicators for Assistive Technology Services

IEP Transition Plan and AT, continued 2

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Not eligible for specially designed instruction Only receive the necessary supports to provide

equal opportunity to access education. School has no obligation to identify students

with disabilities, only to inform applicants of the availability of accommodations

Students must self-identify and provide documentation of their disability and their AT/Accommodation needs.

Differences in Postsecondary Education

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ADA Title II of the ADA covers state

funded schools. Title III of the ADA covers private

colleges and vocational schools. If a school receives federal it is also

covered by the regulations of Section 504 Subpart E of the Rehabilitation Act

Different Laws

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Equally Effective/Equal Opportunity

Non Discrimination/Civil Rights

Academic adjustments Auxiliary aids/services Program modifications

New Language

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Not required to produce the identical result or level of achievement, but must afford equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement, in the most integrated setting appropriate to the person's needs.

Equally Effective

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Important civil rights legislation, a hard fight for people with disabilities in the 1970s (Section 504) and again in the 1990s through now (ADA).

Non Discrimination/Civil Rights

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Modifications to the academic requirements as are necessary to ensure that such requirements do not discriminate or have the effect of discriminating, on the basis of disability.

Academic Adjustments

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Reduced course load Extended time on tests Provision of auxiliary aids and services Changes in the length of time permitted for

the completion of degree requirements Substitution of specific courses required for

the completion of degree requirements.

Examples of Academic Adjustments

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Voice synthesizers Specialized gym

equipment Calculators or

keyboards with large buttons

Reaching device for library use

Note-takers Readers Recording devices Sign language

interpreters Screen-readers Voice recognition

software

Examples: Auxiliary Aids and Services

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Braille calculators, printers, or typewriters

Taped texts Interpreters Readers Raised-line drawing kits Assistive listening devices

Auxiliary Aids and Services Examples, continued

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Modifications of policies and practices are not required when it would fundamentally alter the nature of the service, program, or activity.

Program Modifications

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Testing over several sessions

Small group setting Private room

Preferential seating The use of a sign

language interpreter for spoken directions.

Braille Large print Fewer items on each

page Tape recorded

responses Responses on the

test booklet Frequent breaks Extended testing

time

Testing Conditions: Examples

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Rescheduling classes to an accessible location

Allowing service animals in the classroom;

Providing students with disabilities with a syllabus prior to the beginning of class

Providing written outlines or summaries of class lectures

Examples of Program Modifications

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Student Responsibilities

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Disclosure decisions are complex

If the student needs an accommodation, they must disclose.

If they don’t want an accommodation, they don’t have to disclose.

Disclosure

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Must provide documentation of disability

Diagnosis is not enough. The documentation must show why

the disability leads to the need for the requested accommodation.

Respond to a pay for additional documentation requested by the institution.

Documentation of Needs

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Know the institutions procedures and following them

Give adequate notice of the need for accommodations.

Notify the institution as soon as possible if the accommodation is not effective

Adequate Notice

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Arrange for own personal assistance needs

Arrange for accommodation and assistive technology needs outside the classroom, outside of the institution's programs.

Take care of personal device needs, such as prescription items, mobility devices, glasses..

Personal Needs

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Assist in identifying appropriate and effective auxiliary aids

Identify and access necessary support services find on-campus support, student groups academic

counseling services

Other Student Responsibilities

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Keep career planning in mind

Seek out internships service opportunities

Use career development services on campus

Next Steps

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Postsecondary Institution’s Postsecondary Institution’s ResponsibilitiesResponsibilities

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Notify of availability of auxiliary aids and services.

Make available information about how to apply for accommodations

Have an internal grievance procedure

Notify

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Provide auxiliary aids and services in a timely manner If students are being evaluated to

determine their eligibility under Section 504 or the ADA, the institution must provide auxiliary aids in the interim

Institution's Responsibilities, 2

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In determining what types of auxiliary aids and services are necessary under Title II of the ADA, the institution must give primary consideration to the requests of individuals with disabilities unless it can be demonstrated that another equally effective accommodation exists.

For Title II Public Entities

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Institutions are not required to provide personal devices and services such as attendants, individually prescribed devices, such as eyeglasses or other services of a personal nature.

Example: Readers may be provided for classroom use but not for help during individual study time.

Not Required

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The instructor may not forbid a student's use of an aid if that prohibition limits the student's participation in the school program

May require the student to sign an agreement re: not to infringing on a potential copyright or limiting freedom of speech

What about Using Recording Devices?

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Section 504: Must provide effective auxiliary aids unless provision of the aid would cause undue burden.May assist the student in obtaining the aid or obtaining reimbursement for the cost of an aid from an outside agency or organization However, the institution remains responsible for providing the aid.

Who Pays?

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Organizations and Associations

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National/local scope collaboration, advocacy examples of interacting with faculty online/in-

person getting disability services on college campus taking tests Issues for reading/writing

MI AHEAD

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Check with the institution

Many have an office or department to help students with disabilities.

Varies

Campus Disability Services

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Auxiliary aids and devices for secondary education could be covered if part of an approved employment plan.

Must apply to MRS for services Could be involved at the transition from

school to life stage.

Michigan Rehabilitation Services (MRS)

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Formerly Commission for the Blind Employment and training services Required to demonstrate ability to function

in the academic environment Individual Plan for Employment (like MRS)

Bureau of Services for Blind Persons

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15 Centers in Michigan Part of Disability Network MI Some have transition programs Can help find support and devices

Centers for Independent Living

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IRWE Plan For Achieving Self-Support

(PASS) Student Earned Income

Exclusion – SSI If working with Vocational Rehab

- Section 301 Freedom to Work

Social Security Administration

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An out-of-pocket, medically necessary expense, incurred by the person that enables them to work.

Reduces the amount of countable earnings. This means a person can keep more of what they earn.

Typical IRWEs: Attendant care services, medical devices, residential modifications, medical services, and transportation expenses, assistive technology

Impairment Related Work Expenses (IRWE)

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Allows you to set aside money (income and/or resources) for a specified time for a specified work goal.

SSA does not count the money set aside when determining your SSI eligibility or payment.

A PASS is a SSI only work incentive, BUT, it can be used to create SSI entitlement for SSDI beneficiaries or increase the amount of SSI payable

Plan for Achieving Self-Support (PASS)

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Allows people under age 22 and regularly attending school to reduce countable earnings.

Regularly attending school means taking at least one or more courses. 8 hrs/week in college 12 hrs/week in grades 7-12 12 hrs/week in job training Less time if beyond student’s control Can include home study

2013 threshold on excludable earnings are $1730/month and $6960/year.

Student Earned Income Exclusion

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If person medically recovers And is participating in certified VR program Social Security will review their case. If it looks like the person will move off

benefits due to employment through the VR program.

Social Security allows their cash benefits to continue while they finish their Individual Employment Plan (IPE).

Section 301: Continued Payment Under VR

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Unlimited earnings (SGA still applies to SSDI benefits)

Allows for increased resources up to $75,000 (excluding home, car and IRS-recognized retirement accounts).

Allows for breaks in employment up to 24 months. The break must be due to involuntary layoff or medically necessary.

No premiums until earnings exceed approximately $50,000/year.

Freedom to Work Medicaid

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From ages 16 through 64 Have a disability and currently working Currently eligible for Medicaid (not through a

spend down or a deductible) Monthly countable income, earned and unearned,

below the Federal Poverty Level ($957.50 in 2013)

DHS responsible for moving people into Freedom to Work (BEM 174)

Freedom to Work Medicaid 2

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"I have not failed, I've just found 10,000 ways that don't work." – Thomas Edison (Inventor and person with a learning disability)

Final Thought