President Bush Signs Assistive Technology Legislation Into Law

On October 25, 2004, President Bush signed into law new legislation that reauthorizes the Assistive Technology Act. This new law will, among other things, redefine the primary purpose of the program from establishing assistive technology resource networks in states to directly helping individuals with disabilities who need assistive technology devices. The Senate passed the bill on September 30, and the House passed it on October 8.

The Council for Exceptional Children played a vital role in the development and drafting of the new assistive technology law. CEC made numerous recommendations to Congress on assistive technology (AT) reauthorization legislation in conjunction with its Technology and Media (TAM) Division, and many of these recommendations are included in the new law. CEC also served as a member on a panel that featured other groups and associations invited by the Senate Health, Education, Labor, and Pensions (HELP) Committee to provide input on the reauthorization legislation. In addition, CEC provided recommendations on for AT reauthorization as a member of the Consortium for Citizens with Disabilities.

Among CEC/TAM recommendations that were retained in the final version of law are:

… Making AT a reliable source of funding. Because states have AT infrastructure in place through previous, AT funds can now be directed largely to individuals who will benefit from it. Since the sunset provision has been waived, the new law extends authorization of appropriations under the ATA through fiscal year 2010, which ensures that funding will continuously be made available for AT programs.

… Including students with disabilities in the required state transition assistance programs.

… Including universal design principles that are usable by people with the widest possible range of functional capabilities.

… Continuing state protection and advocacy programs.

Other specific provisions of the new ATA law include:

… Increases minimum state grant of $410,000. The ATA of 1998 used a formula to determine state grant awards, including a maximum grant to outlying areas of $105,000. The maximum award to outlying areas in the new law is $125,000.

… Allows such systems to carry over program income generated from the grant amount for two additional fiscal years.

… Extends AT appropriations through 2010.

… Requires states to spend the bulk of state grants on direct services for individuals with disabilities. Under the Assistive Technology Act of 2004, states would be required to use a majority of federal funds to directly help individuals. States would chose between two options for assistive technology state grants. States would be required to:

ÿ Use 60 percent of assistive technology state grants on direct aid programs, including: assistive technology reutilization programs, assistive technology demonstration programs, alternative financing programs and device loan programs;

ÿ Or use 70 percent of assistive technology state grants on direct aid programs but have full discretion on how to allocate funds for at least two, and up to all four of the programs listed above.

Under these two options, states could allocate 70 percent of the resources to state level activities and spend no more than 30 percent on State leadership activities, the second option listed above. State level activities are more focused on directly giving individuals with disabilities assistive technology access and services, while State leadership activities are more administrative. Under this option, the States would have full flexibility to select the activities in each category that they would support.

Under the first option above, states could choose to spend 60 percent of the resources on state level activities and no more than 40 percent on state leadership activities. However, the state would be required to support two designated state level activities, the alternative financing program and the device loan program. This increased focus on state level activities, coupled with state flexibility, is designed to improve the program and the assistance and services it provides to individuals with disabilities.

To view CECís AT recommendations, go to:
http://www.cec.sped.org/pp/ATRecommendations.pdf

To see CEC President Suzanne Martinís quote in support of the AT bill, go to:
http://www.cec.sped.org/committee_101304.html


Barbara Foorman to Become First Commissioner for Education Research at IES

Barbara Foorman, Director of the Center for Academic and Reading Skills at the University of Texas-Houston, will become the first ever Commissioner for Education Research at the Department of Educationís Institute of Education Sciences (IES)Education on January 1, 2005, according to EducationNews.

The following is taken from her biography on the University of Texas-Houston Web site:

ìBarbara Foorman is professor of Pediatrics and Director of the Center for Academic and Reading Skills at the University of Texas Houston Health Science Center. Dr. Foorman has published extensively in the areas of reading, language development, spelling, phonemic awareness and vocabulary. She serves on editorial boards of several journals, and is Principal Investigator or Co-Principal Investigator on major federal grants in early reading interventions, early reading assessment, and bilingual/bi-literacy. Dr. Foorman has chaired Houston ISDís Committee on a Balanced Approach to Reading and worked to revise and validate the Texas Primary Reading Inventory, used in 95% of the school districts in Texas and in several other states. She served on National Academy of Science committees on the ìPrevention of Reading Difficulties in Young Childrenî and the learning and instruction panel of the ìStrategic Educational Research Plan.î Dr. Foorman was a member of the advisory board for the federal office of Educational Research Improvement (OERI).î

Source: CEC Policy Update, October 29, 2004