Joy Zabala
joy@joyzabala.com

Dear colleagues and friends concerned about assistive technology,

After a delay of many years, the Individuals with Disabilities Education Act of 1997 (IDEA '97) was reauthorized by Congress in December, 2004. The reauthorized act is entitled The Individuals with Disabilities Education Improvement Act of 2004 (IDEA 2004).

The Secretary of Education is soliciting comments, recommendations, and questions from the public prior to developing and publishing proposed regulations to implement programs under the recently amended IDEA.

Gayl Bowser, Dr. John Castellani, and I have reviewed the text of IDEA 2004 and developed a list of possible questions about assistive technology. Please choose among the issues that we have listed here and paraphrase the questions or comments into your own words. Also, if there are other issues that you are aware of, please comment on those as well. Please feel free to pass this message on to anyone you believe might be interested.

Listed below the points upon which you may wish to comments, you will find directions from the Dept of Education about how the comments are supposed to written, what is to be included, and ways to submit them. PLEASE READ THESE BEFORE BEGINNING.

PLEASE DO SUBMIT COMMENTS, RECOMMENDATIONS, AND/OR QUESTIONS. THE EDUCATION OF STUDENTS WITH DISABILITIES WILL BE IMPACTED BY THESE REGULATIONS. BE SURE YOUR VOICE IS HEARD.

Thanks,

Joy

Issues for the Possible Comments on IDEA, 2004 for the Regulations

- In Section 600.60 What is the definition of Universal Design for Learning (UDL)? In state assessments what does it require for the locals in administering assessments?

- How are local education agencies to monitor assistive technology?

- In section 600.601, assistive technology devices are defined as "any item". Does this include "low tech" devices that have few or no electronics? Does this include adaptive devices that have historically been provided by occupational and physical therapists? Other than surgically implanted devices, is there other "items" that would not be included?

- 15% of all Part B dollars be used for pre-referral intervention for students who are at risk for failure. What does this mean? Can this be for anything or only certain things? How is this decided? Can it be used for students who have 504 plans who need assistive technology?

- If there is a 3 year IEP (15 states get to propose a trial plan), or for those students who do not have short-term objectives how should the need for assistive technology be documented in an IEP related to student progress given that many students will not have individual objectives, but measurements written broadly at the Goal level.

- States can choose to collaborate with the national instructional materials center or can continue to use their own methods to disseminate accessible materials at the state level. How are they going to meet the needs of students in all disability areas in a timely fashion? Who will monitor this and how? What guidance will be provided for a timely manner for delivering instructional materials at the state level if the state does not agree to participate in the collaboration, what kind of assurances should be required and what oversight will be of the timely delivery of materials?

- One of the requirements of the Act is that education agencies collaborate with the state agency that delivers AT technical assistance? Is this a particular entity, i.e. Tech Act Projects? What level of collaboration expected at state and national level?

- What is the difference between the special considerations for part B and C? Since consideration is now listed as a service for part C, how should it be documented?

- State level funds may be used to improve the use of technology in the classroom. What does this mean? Is there an obligation for states to do this?

- In the special consideration about assistive technology, the word "require" has been changed to "need". Does this weaken the current expectation? Does this change any current regulations? And if so, how? What are the expected results of this change?

- If an IEP team decides that an assistive technology device is not needed (as with any of the special factors) does this need to be documented and if so, how?

- The State educational agency (or, in the case of a district-wide assessment, the local educational agency) shall, to the extent feasible, use universal design principles in developing and administering any assessments under this paragraph. What impact does computer-based standardized testing have on all students it is a facilitator for some and a barrier for others? If a computer-based test creates a barrier for a student, how will this be dealt with? Is that a waiver?

- What is the research that the state is to support under "Supporting research, development, and dissemination of technology with universal design features, so that the technology is accessible to the broadest range of individuals with disabilities without further modification or adaptation. Is research methodology limited to the current definitions of scientific research currently defined in NCLB? If not, what else would be included?

- What is the function and scope of a project the state should support under: projects that promote the development and use of technologies with universal design, assistive technology devices, and assistive technology services to maximize children with disabilities' access to and participation in the general education curriculum. What are those projects?

DIRECTIONS FOR SUBMITTING COMMENTS: PLEASE READ CAREFULLY

DEPARTMENT OF EDUCATION 34 CFR Parts 300 and 303

ACTION: Notice of request for comments and recommendations on regulatory issues under the Individuals with Disabilities Education Act (IDEA), as amended by the Individuals with Disabilities Education Improvement Act of 2004.

SUMMARY: The Secretary of Education solicits comments and recommendations from the public prior to developing and publishing proposed regulations under 34 CFR parts 300 and 303 to implement programs under the recently amended IDEA.

DATES: In order to be assured of consideration as we develop proposed regulations, comments and recommendations should be received on or before February 28, 2005.

ADDRESSES: Address all comments and recommendations to:

Office of Special Education and Rehabilitative Services,

U.S. Department of Education,

400 Maryland Avenue, SW.,

Potomac Center Plaza, room 5126,

Washington, DC 20202-2641.

If you prefer to send your comments through the Internet, you may address them to us at the U.S. Government Web site:

http://www.regulations.gov.

Or you may send your Internet comments to us at the following address: comments@ed.gov.

You must include the term "Comments on IDEA-2004" in the subject line of your electronic message. (Note that the term in the preceding sentence means comments submitted in response to changes made to the IDEA by the Individuals with Disabilities Education Improvement Act of 2004.)

Please submit your comments only one time, in order to ensure that we do not receive duplicate copies.

FOR FURTHER INFORMATION CONTACT: Troy R. Justesen. Telephone: (202) 245-7468. If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay Service (FRS) at 1-800-877-8339.

Individuals with disabilities may obtain this document in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) by contacting the person listed under FOR FURTHER INFORMATION CONTACT.

SUPPLEMENTARY INFORMATION:

Background

On December 3, 2004, the President signed into law Pub. L. 108-446, 118 Stat. 2647, the Individuals with Disabilities Education Improvement Act of 2004, amending the IDEA. Copies of the new law may be obtained at the following Web site:
http://www.gpoaccess.gov/plaws/index.html.

Enactment of the new law provides an opportunity to consider improvements in the regulations implementing the IDEA in 34 CFR parts 300 and 303 that would strengthen the Federal effort to ensure the provision of early intervention services to infants and toddlers with disabilities and their families and ensure every child with a disability has available a free appropriate public education that: (1) Is of high quality, and (2) is designed to achieve the high standards reflected in the No Child Left Behind Act of 2001.

Invitation To Comment

We invite you to submit comments and recommendations regarding changes to 34 CFR parts 300 and 303 that you believe are needed, particularly to clarify a provision in the new law or to facilitate its implementation. We encourage you to make your comments as specific as possible regarding the nature and scope of regulatory action necessary to achieve the objective you are seeking. Also, if appropriate to your comments, please identify the specific part and section (or subsection) of the amended IDEA that is the subject of your recommendations, and specify how a proposed change to a given provision in the regulations will clarify or help to improve implementation of the new statutory provision.

Please include the following with your comments and recommendations: A description of the area of your involvement in special education, regular education or early intervention, as well as your role, if any, in that area (e.g., parent, teacher, student, service provider, administrator, or researcher).

© 2004 ConnSENSE Bulletin