Shannon Garlitz and Lorna Irwin went to the H&V Leadership Conference held in Portland, Maine this past June (thank you, Idaho Sound Beginnings!) We learned lots of stuff and came home brimming with new ideas. One session covered recent legislative and legal developments affecting our kids, and we'd like to pass on what we learned, along with implications for current developments in Idaho education.

The Americans with Disabilities Act Amendments Act or ADAAA (otherwise known as the new ADA):  the "old" ADA was passed more than 20 years ago, so it was about time for an update. It's important to realize that the ADA applies to all schools, public or private, whether or not your child is covered by an IEP. It supplements special education law. One significant change in the law is that whether or not a person is covered by the ADA is determined by whether he has a disability when not using technology or other means to mitigate his disability. This is important for d/hh kids, since they need time to learn how to use their hearing aids or cochlear implants successfully, and it protects their status under the law after they are able to use these devices well. The mitigating measures are to be taken into account when determining what accommodations need to be made. (The only exception to this is eyeglasses or contact lenses.) 

The new ADA clarifies and expands requirements for providing communication access. It allows for the use of video remote interpreting, and sets standards for this. This will be of benefit for rural communities and other communities with a shortage of qualified interpreters. It also includes "cued language transliterators" for the first time. (note:  the IDEA has not yet specified cued language as an option, and it is a "hot button" issue; you can ask for it, but may not get this service onto an IEP.) It requires that the deaf or hard of hearing companion of a hearing person (spouse, parent, etc.) be provided communication access when it is appropriate for information to be shared with him, and restricts the use of family members as interpreters except in emergencies or when requested by the deaf or hard of hearing individual (and minor children may not be used at all, except in emergencies.)

The U.S. Department of Education recently responded to a problem that arose at the college level with access to material supplied on e-readers when these were not accessible to blind students. It issued a guidance document spelling out what schools must do to make sure that the use of emerging technologies meets existing laws. While the document frequently references visual impairment as a possible barrier to technology use, it also makes clear that the guidelines apply to students with other disabilities, and students at all levels, not just college students. It states that accessibility should be considered at the time new technologies are acquired, even if the school currently has no students with disabilities enrolled. Access should be as near as possible equivalent for disabled and non-disabled students; if the material is available to most students on line 24 hours a day, it's not appropriate to ask the student with a disability to go to a certain place during certain hours to gain access.

The "Students Come First" legislation passed earlier this year in Idaho calls for increased use of technology in the classroom, including online courses and supplying students with personal devices (laptops or other) to use. The legislation was controversial and petitions have been filed to put it on the 2012 ballot, but the Idaho Department of Education has gone ahead and formed a Technology Task Force to work up a plan for Idaho. Idaho Hands & Voices made some preliminary contacts with IESDB to inquire about this process and its implications for students who are deaf or hard of hearing.  We learned that there are members of the task force who have knowledge and experience with the issues of technology access for students with disabilities and who are in contact with IESDB about issues specific to the students they serve, but there may still be a role for our organization to play in raising awareness and providing information. As more and more technology is introduced into classrooms (and it's coming, with or without this legislation) individual parents will need to keep an eye on new developments and remind school districts of the need to provide access.

That said, we'd really welcome any input our members have. Have your children run into access problems with school-based technology? Have any of your older children taken an online class? Send us your stories, and the solutions that were found (or not) when the available technology fell short.