Assistive Technology for Children

PDF Version

What Is Assistive Technology?
Assistive technology (AT) is a device or service that makes certain tasks easier for people with disabilities. Assistive technology devices include hearing aides, communication devices, stair lifts, wheelchairs, adapted computers, van conversions and many other items. AT also includes home modifications and adaptations such as ramps and grab bars in a hallway or bathroom.

Assistive technology services are any service that directly assists persons with a disability in selecting, getting, or using an AT device. Examples of AT services could be evaluations, repair, funding, maintenance, adaptation of devices, training or technical assistance.

There are many laws that give eligible children legal rights to AT. Some of the more important of these are described in this brochure. Each law defines certain rights and gives consumers the power to challenge decisions if their rights are wrongfully denied.

Individuals with Disabilities Education Act (IDEA)
If your child is eligible for Special Education under IDEA, he or she may be eligible to receive AT through the school system.

The IDEA divides its' services into two parts:
Part C-Early Intervention SoonerStart
Children birth to 3 enrolled in the SoonerStart program may receive AT as an early intervention service if it is specified in the Individualized Family Service Plan (IFSP).

Part B-Children Aged 3 to 21- Under IDEA, children age 3 to 21 may require AT, either as part of their Special Education program, as a "related service" or as a "supplemental aid or service to keep the child in the least restrictive environment."

SCHOOLS MUST PROVIDE ASSISTIVE TECHNOLOGY AS PART OF A
STUDENT'S SPECIAL EDUCATION IEP.

Each child in Special Education has an Individualized Education Program (IEP) team, which includes the parents. The IEP team must consider the student's AT needs. If the IEP team determines that a child needs AT in order to receive a free and appropriate public education, then the AT needs to be written into the IEP. The school is in turn required to ensure that the child is provided AT designated in the IEP at no cost to the parents. The team can also decide that an evaluation should be done to determine what AT is necessary.

Beginning at the age of 14 the IEP must include a statement of the transition services needs. Beginning at age 16 the transition services should include, when appropriate, a statement of the interagency responsibilities or needed linkages, such as a referral to the State Department of Rehabilitation Services. Transition service plans must consider the AT needs of the student and how those devices and services will transition with the student.

If you disagree with decisions made by the school in connection with your child's Special Education, you can: File a formal complaint, call or write: Technical Assistance Officer for Complaints Special Education Services State Department of Education 2500 N. Lincoln Blvd. Oklahoma City, OK 73105-4599 405-521-3351

Request mediation, call: Alternative Dispute Resolution System Administrative Office of the Courts 405-521-2450

Request a due process hearing, it must be in writing, signed and addressed to the local school administrator and a copy to: Attention: Due Process Hearings Special Education Services State Department of Education 2500 N. Lincoln Blvd. Oklahoma City, OK 73105-4599

MEDICAID/SoonerCare
Medicaid is a government program that provides funding for health services. It's administered through the Oklahoma Health Care Authority and eligibility is determined at the county Department of Human Services (DHS) office. If children are on any Medicaid program, they are entitled to AT if the AT meets the program's specifications.

There are many ways to receive Medicaid. Your child may be eligible for Medicaid through:
¿ Supplemental Security Income Program (SSI)
¿ Temporary Assistance for Needy Families (TANF)
¿ Home and Community Based Waiver
¿ In Home Support Waiver
¿ Children with Special Health Care Needs, Crippled Children's Program

MEDICAID CAN PURCHASE HEARING AIDES, WHEELCHAIRS, AUGMENTATIVE COMMUNICATION DEVICES, PROSTHETICS & ORTHOTICS
AND MANY OTHER DEVICES.

The Medicaid program, under Early and Periodic Screening, Diagnosis and Treatment (EPSDT) pays for durable medical equipment. Many types of AT can be covered under these categories if the AT is medically necessary. If your request for AT for your child from Medicaid is rejected, you have the right to request a hearing at the county DHS office. If the request for a hearing is made within 10 days of the date on the notification of denial of termination of services, the services you have been receiving will continue unchanged pending the outcome of the hearing.

AMERICANS WITH DISABILITIES ACT and SECTION 504 of the REHABILITATION ACT
Both of these federal laws help guarantee your rights to AT. They prohibit discrimination on the basis of disability. This means they require certain entities to offer reasonable accommodations.

THE LAW PROHIBITS DISCRIMINATION AGAINST INDIVIDUALS WITH DISABILITIES AND REQUIRES SCHOOLS TO PROVIDE EQUAL ACCESS TO
THEIR PROGRAMS AND SERVICES.

For children, the ADA and Section 504 are most important in the school setting. Schools, as government entities, have an obligation to offer "reasonable accommodations" -- which can include AT -- to make their services available to children with disabilities.

These federal laws ensure that all children with disabilities have access to all the facilities and programs of a school. In doing so, they can go beyond what might be required under IDEA. All children with disabilities -- whether or not they are in Special Education -- are entitled to reasonable accommodations under the law. Children who are in Special Education needing accommodations, other than those set forth in their IEP, may have rights to these accommodations under the ADA and Section 504.

If your child is denied AT required under the ADA or Section 504, you can file a complaint with: Office for Civil Rights, Region VI U. S. Department of Education 1200 Main Tower Building Suite 2260, 06-5010 Dallas, TX 75202-9998 214-767-3959 214-767-3639 TDD

PRIVATE INSURANCE
If your child is covered under your private insurance-either through an employer or on your own-and meet the specified criteria in the insurance contract, your child is legally entitled to AT.

What Is Important To Remember About Your Private Health Insurance?
If you have insurance under your employer - The Employee Retirement Income Security Act (ERISA) is a federal law that regulates employee benefit plans. Under this law employees are entitled to information about what is covered under an employer health plan. You also have the right to ask for a review of any denial of benefits and appeal to the courts.

If you have insurance on your own - If you have obtained your insurance on your own (not through an employer), the State Insurance Commission might be helpful. Otherwise, you can ask the courts to enforce the insurance contract.

UNDERSTANDING YOUR RIGHTS
Did You Know Receiving Assistive Technology Is Not A Matter Of Charity, It's A Matter Of Rights? As an individual with a disability, your child may have a right to the AT he or she needs. Many funding sources-whether they are government programs or private insurers-must make their decisions based on whether your child meets certain conditions. Because AT can be a right, you have recourse if your request for funding is turned down.

If You Are Seeking AT Through A Government Program:
¿ You have the right to apply for funding.
¿ You have a right to a written explanation should your request be denied.
¿ You have the right to appeal. This means you have the right to a review by a person not involved with the initial decision.

Find Out Why
Once you understand why your application has been rejected, you'll know more about how to appeal the rejection or proceed through due process.

If an agency denies your request for funding, it's usually for one of four reasons:
1. Your child is not eligible for the program-he or she doesn't fit the definition of the population served by the agency.
2. The program or agency does not cover the particular device or service you are requesting.
3. Your request does not meet the criteria for coverage of the particular service or device, e.g., medically necessary or educationally necessary.
4. You need to establish prior rejection by other agencies to qualify for the program.

How To Be Prepared For An Appeal: What You Can Do
To be prepared to appeal a negative decision, you need to keep records pertaining to your child's case. In a file or notebook, keep track of all paper work and phone conversations. Take notes and write down contact names and the date and time of phone calls and meetings. You should also try to speak to the same contact person each time you call or visit a funding agency.

Remember, Persistence Often Pays Off When Seeking AT
You should apply in writing. Nothing can happen if you don't first formally apply to an agency for funding. You have the right to submit a written application or prescription.

You Need To Be Aware Of Deadlines In applying for AT or appealing a decision, it's important to pay attention to deadlines. You usually need to pursue your case within a certain limited time frame, so be sure you get reliable information.

Help Is Available
Remember, when you are seeking funding for AT, don't be discouraged by rejection. You may be pursuing something that you are entitled to under the law. For information on the various funding agencies and programs or to receive help on an appeal, call ABLE Tech INFO-line 1-888-885-5588 (voice/TTY).

Assistive Technology.. for Children is a publication of the Oklahoma ABLE Tech. This publication may be duplicated without the written permission of ABLE Tech provided that the source is appropriately credited. ABLE Tech would like to thank the Iowa Program for Assistive Technology, Infotech, for sharing their information for this publication. ABLE Tech is funded by the National Institute on Disability and Rehabilitation Research of the U.S. Department of Education Grant #H224A500007. This publication does not necessarily reflect the position or policy of NIDRR/ED, and no official endorsement of material should be inferred. If you need this material in an alternative format call 800-257-1705 or visit our website at http://okabletech.okstate.edu/. Oklahoma ABLE Tech 1514 W Hall of Fame Stillwater OK 74078-2026
Brochure added 4/10/00