1. 1 September 26, 2013 Secondary Education: Requesting Accommodations and Obtaining Assistive Technology

2. 2  A disability justice movement working to transform communities.  Home of Michigan’s Assistive Technology Program  MDRC’s Web Page: www.mymdrc.org MDRC’s Web Page: www.mymdrc.org  Contact mdrc@mymdrc.orgmdrc@mymdrc.org Michigan Disability Rights Coalition (MDRC)

3. 3 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

4. 4  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

5. 5  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

6. 6  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

7. 7  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

8. 8  Equally Effective/Equal Opportunity  Non Discrimination/Civil Rights  Academic adjustments  Auxiliary aids/services  Program modifications New Language

9. 9 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

10. 10  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

11. 11 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

12. 12  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

13. 13  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

14. 14  Braille calculators, printers, or typewriters  Taped texts  Interpreters  Readers  Raised-line drawing kits  Assistive listening devices Auxiliary Aids and Services Examples, continued

15. 15 Modifications of policies and practices are not required when it would fundamentally alter the nature of the service, program, or activity. Program Modifications

16. 16  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

17. 17  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

18. 18 Student Responsibilities

19. 19  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

20. 20  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

21. 21  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

22. 22  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

23. 23  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

24. 24  Keep career planning in mind  Seek out internships service opportunities  Use career development services on campus Next Steps

25. 25 Postsecondary Institution’s Responsibilities

26. 26  Notify of availability of auxiliary aids and services.  Make available information about how to apply for accommodations  Have an internal grievance procedure Notify

27. 27  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

28. 28  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

29. 29  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

30. 30  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?

31. 31 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?

32. 32 Organizations and Associations

33. 33  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

34. 34  Check with the institution  Many have an office or department to help students with disabilities.  Varies Campus Disability Services

35. 35  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)

36. 36  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

37. 37  15 Centers in Michigan  Part of Disability Network MI  Some have transition programs  Can help find support and devices Centers for Independent Living

38. 38  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

39. 39  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)

40. 40  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)

41. 41  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

42. 42  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

43. 43  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

44. 44  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

45. 45 "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