SPONSOR:   

Rep. M. Smith & Sen. Poore

 

Rep. K. Williams

 

HOUSE OF REPRESENTATIVES

147th GENERAL ASSEMBLY

 

HOUSE BILL NO. 220

 

 

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF EDUCATION AND ASSISTIVE TECHNOLOGY IN PUBLIC SCHOOLS.

 



                WHEREAS, 19,178 children between the ages of 3 and 21 receive special education services in Delaware; and

                WHEREAS, assistive technology is defined as any item, piece of equipment, or product system that is used to increase, maintain, or improve the functional capabilities of a child with a disability; and

                WHEREAS, the use of assistive technology in special needs education enhances a student’s ability and yields increased academic achievement; and

                WHEREAS, each dollar invested into properly designed special education programs generates an economic return of $1 to $17 to society; and

WHEREAS, the use of assistive technology is limited by the lack of current information available to special education personnel regarding new technological innovations; and

WHEREAS, the distribution and use of assistive technology are limited by the lack of assistive technology specialists present in each school district; and

WHEREAS, the availability of assistive technology for use by special needs students is limited by the lack of funds available to public schools’ special education programs;

                NOW, THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 1, Title 14 of the Delaware Code to add a new § 134 by making insertions as shown by underlining as follows:

§ 134. Assistive Technology in Public Schools.

                ( a) The Department shall devise a plan to regularly disseminate information regarding emerging assistive

technologies to all public schools. The plan shall be presented to the Legislature by January 15, 2014.

                                (b) The information disseminated shall include, but not be limited to:

(1) New assistive technologies; and

(2) Where and how to access and purchase the new technologies.

                                (c) Each school district shall employ at least 1 assistive technology specialist. For Purposes of this section, “assistive technology specialist” is defined as a person who provides assistance to school teams to assess and identify the AT (Assistive Technology) and AAC (Augmentative Alternative Communication) appropriate for students with an IEP or a 504 Plan requiring adaptive modifications. 

                                (d) Each assistive technology specialist shall meet the following qualifications:

                                                (1) Possess, at minimum, a Bachelor’s degree;

                                                (2) Understand assistive technology, including legal requirements and its purpose and functional application for each specific student’s educational program;

                                                (3) Have experience in the delivery of special education services;

                                                (4) Have experience with AAC equipment and speech evaluations;

                                                (5) Have strong oral communication skills;

                                                (6) Possess effective facilitation and consultation skills for trainings and presentations;

                                                (7) Demonstrate awareness of special education regulations;

                                                (8) Have extensive knowledge of a range of assistive technology devices and AAC equipment; and

                                                (9) Possess the ability to write documentation.

                                (e) Once hired, the assistive technology specialist shall be employed solely as an assistive technology specialist.

                                (f) Once employed, each assistive technology shall perform the following:

                                                (1) Design appropriate implementation plans for assistive technology;

                                                (2) Model effective strategies and techniques for the use of assistive technology devices and AAC equipment;

                                                (3) Offer consultations for students and educational teams;

                                                (4) Aid in the acquisition of assistive technologies and ACC equipment and related instructional software;

                                                (5) Determine, in collaboration with other members of the assessment team, assistive technology needs as part of a comprehensive evaluation which addresses all areas related to the student's disability and based on student's strengths, tasks, and expectations;

                                                (6) Instruct special education personnel, family, and students on the proper use of new and/or existing assistive technology devices; and

                                                (7) Maintain accurate records and reports, contact logs, and equipment reports.

                                (g) Each of the school districts in Delaware shall receive an appropriation of $67,500 annually to employ an assistive technology specialist. The total amount appropriated shall be $1,282,500 annually.

                                (h) To allow special education programs in public schools access to assistive technology, the Department of Education shall hereby administer an assistive technology fund to be known as the “Assistive Technology Fund.”

                                                (1) The Department of Education shall establish rules and regulations to control access to the fund and shall present the established rules to the Legislature by January 15, 2014.

                                                (2) The fund shall receive an appropriation of $4,000,000 annually.

                                                (3) Moneys in the fund shall, upon appropriation, be used to establish and maintain the fund.

                                                (4) The fund may accept federal, State and other public funds, private grants, contributions and loans to the fund with the approval of the Department of Education.


SYNOPSIS

This Bill increases the availability of assistive technology for special needs education programs in public schools. More specifically, the bill tasks the Department of Education to devise a method to regularly disseminate information regarding emerging assistive technologies to all public schools. Further, the bill requires that each school district have at least one qualified assistive technology specialist. Finally, the bill establishes the Assistive Technology Fund and tasks the Department of Education to develop rules and regulation to control access to the fund.