Under the Individuals with Disabilities Education Improvement Act (IDEA,
2004), local education agencies are responsible for providing AT to students
with disabilities who could benefit from such accommodations. Once students
finish school, the school district has the right to expect any AT devices that
it lent to be returned. However, in some circumstances, an arrangement can be
made between a school system and an existing student so that the student can
keep the equipment. For example, if the AT is outdated by the district's
standards, or if it has been customized specifically for an individual, the
district may agree to sell the equipment at fair market rate. Even though this
will require the student or an outside agency to spend money, the equipment can
usually be acquired at a much lower price than if purchased new.
Although IDEA covers AT in the K-12 environment, legislation guiding
accommodations in the workplace are not as prescriptive. The 1990 Americans
with Disabilities Act (ADA) requires employers with 15 or more employees to
provide "reasonable accommodations" to help employees that
self-identify as having a disability perform the essential functions of their
job so long as providing the accommodation does not pose an "undue hardship"
to the employer. An undue hardship may relate to the expense or challenges
involved with implementing the device into the existing infrastructure at work.
It is the responsibility of the individual to disclose his or her
disability to an employer and request accommodations. The process of
identifying specific accommodations should be a negotiation between employee
and employer. Employers are not required to provide the exact accommodation
requested by the employee. An employee may suggest an accommodation, and the
employer may suggest an alternative recommendation, which the employee must
consider. The employer has the right to request "medical"
documentation and refuse letters from educational specialists. If the employee
does not provide such documentation, the employer is not required to provide an
accommodation.
If necessary, individuals with disabilities should contact the Human
Resources office in their workplace to initiate a request for accommodations
under the ADA. For additional information on ADA and the workplace, see The
Americans with Disabilities Act. Finding employment may seem like a job in
itself. However, state vocational rehabilitation (VR) services help adults and
youth with disabilities find and succeed in employment. Many high schools' special
education coordinators include VR services in transition planning for students
with Individualized Education Plans. Local VR offices work within the community
to evaluate client needs, make matches with employers, and offer support for
success. If AT is required for success at a particular job, the device and
training may be funded through the VR office. The VR case manager can serve as
a liaison with the employer to arrange and integrate the AT and employee needs
into the workplace. See the link below to find a state VR office.
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