[Code of Federal Regulations] [Title 34, Volume 2] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR345.20] [Page 226-230] TITLE 34--EDUCATION REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION PART 345--STATE GRANTS PROGRAM FOR TECHNOLOGY-RELATED ASSISTANCE FOR INDIVIDUALS WITH DISABILITIES--Table of Contents Subpart B--What Kinds of Activities Does the Department Support? Sec. 345.20 What type of activities are authorized under this program? Any State that receives a development or extension grant shall use the funds made available through the grant to accomplish the purposes described in Sec. 345.2(a) and, in accomplishing such purposes, may carry out any of the following systems change and advocacy activities: (a) Support activities to increase access to, and funding for, assistive technology, including-- (1) The development, and evaluation of the efficacy, of model delivery systems that provide assistive technology devices and assistive technology services to individuals with disabilities, that pay for devices and services, and that, if successful, could be replicated or generally applied, such as-- (i) The development of systems for the purchase, lease, other acquisition, or payment for the provision, of assistive technology devices and assistive technology services; or (ii) The establishment of alternative State or privately financed systems of subsidies for the provision of assistive technology devices and assistive technology services, such as-- (A) A loan system for assistive technology devices; (B) An income-contingent loan fund; (C) A low interest loan fund; (D) A revolving loan fund; (E) A loan insurance program; or (F) A partnership with private entities for the purchase, lease, or other acquisition of assistive technology devices and the provision of assistive technology services; (2) The demonstration of assistive technology devices, including-- (i) The provision of a location or locations within the State where the following individuals can see and touch assistive technology devices, and learn about the devices from personnel who are familiar with such devices and their applications: (A) Individuals with disabilities and their family members, guardians, advocates, and authorized representatives; (B) Education, rehabilitation, health care, and other service providers; (C) Individuals who work for Federal, State, or local government entities; and (D) Employers. (ii) The provision of counseling and assistance to individuals with disabilities and their family members, guardians, advocates, and authorized representatives to determine individual needs for assistive technology devices and assistive technology services; and (iii) The demonstration or short-term loan of assistive technology devices to individuals, employers, public agencies, or public accommodations seeking strategies to comply with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); and (3) The establishment of information systems about, and recycling centers for, the redistribution of assistive technology devices and equipment that may include device and equipment loans, rentals, or gifts. (b) Support activities to-- (1) Identify and coordinate Federal and State policies, resources, and services, relating to the provision of assistive technology devices and assistive [[Page 227]] technology services, including entering into interagency agreements; (2) Convene interagency work groups to enhance public funding options and coordinate access to funding for assistive technology devices and assistive technology services for individuals with disabilities of all ages, with special attention to the issues of transition (such as transition from school to work, and transition from participation in programs under part H of the Individuals with Disabilities Education Act (20 U.S.C. 1471 et seq.), to participation in programs under part B of such Act (20 U.S.C. 1411 et seq.)) home use, and individual involvement in the identification, planning, use, delivery, and evaluation of such devices and services; or (3) Document and disseminate information about interagency activities that promote coordination with respect to assistive technology devices and assistive technology services, including evidence of increased participation of State and local special education, vocational rehabilitation, and State medical assistance agencies and departments. (c) Carry out activities to encourage the creation or maintenance of, support, or provide assistance to, statewide and community-based organizations, or systems, that provide assistive technology devices and assistive technology services to individuals with disabilities or that assist individuals with disabilities in using assistive technology devices or assistive technology services. The activities may include outreach to consumer organizations and groups in the State to coordinate the activities of the organizations and groups with efforts (including self-help, support groups, and peer mentoring) to assist individuals with disabilities and their family members, guardians, advocates, or authorized representatives, to obtain funding for, and access to, assistive technology devices and assistive technology services. (d) Pay for expenses, including travel expenses, and services, including services of qualified interpreters, readers, and personal assistants services that may be necessary to ensure access to the comprehensive statewide program of technology-related assistance by individuals with disabilities who are determined by the State to be in financial need. The expenses must be incurred by participants in activities associated with the state technology program. (e) Conduct a statewide needs assessment that may be based on data in existence on the date on which the assessment is initiated and may include-- (1) Estimates of the numbers of individuals with disabilities within the State, categorized by residence, type and extent of disabilities, age, race, gender, and ethnicity; (2) In the case of an assessment carried out under a development grant, a description of efforts, during the fiscal year preceding the first fiscal year for which the State received a grant, to provide assistive technology devices and assistive technology services to individuals with disabilities within the State, including-- (i) The number of individuals with disabilities who received appropriate assistive technology devices and assistive technology services; and (ii) A description of the devices and services provided; (3) Information on the number of individuals with disabilities who are in need of assistive technology devices and assistive technology services, and a description of the devices and services needed; (4) Information on the cost of providing assistive technology devices and assistive technology services to all individuals with disabilities within the State who need such devices and services; (5) A description of State and local public resources and private resources (including insurance) that are available to establish a consumer-responsive comprehensive statewide program of technology- related assistance; (6) Information identifying Federal and State laws, regulations, policies, practices, procedures, and organizational structures, that facilitate or interfere with the operation of a consumer responsive comprehensive statewide program of technology related assistance; (7) A description of the procurement policies of the State and the extent to [[Page 228]] which such policies will ensure, to the extent practicable, that assistive technology devices purchased, leased, or otherwise acquired with assistance made available through a development or extension grant under this part are compatible with other technology devices, including technology devices designed primarily for use by-- (i) Individuals who are not individuals with disabilities; (ii) Individuals who are elderly; or (iii) Individuals with particular disabilities; and (8) Information resulting from an inquiry about whether a State agency or task force (composed of individuals representing the State and individuals representing the private sector) should study the practices of private insurance companies holding licenses within the State that offer health or disability insurance policies under which an individual may obtain reimbursement for-- (i) The purchase, lease, or other acquisition of assistive technology devices; or (ii) The use of assistive technology services. (f) Support--(1)(i) A public awareness program designed to provide information relating to the availability and efficacy of assistive technology devices and assistive technology services for-- (A) Individuals with disabilities and their family members, guardians, advocates, or authorized representatives; (B) Individuals who work for public agencies, or for private entities (including insurers), that have contact with individuals with disabilities; (C) Educators and related services personnel; (D) Technology experts (including engineers); (E) Employers; and (F) Other appropriate individuals and entities; or (ii) Establish and support the program if no such program exists. (2) A public awareness program that may include the-- (i) Development and dissemination of information relating to the-- (A) Nature of assistive technology devices and assistive technology services; (B) Appropriateness, cost, and availability of, and access to, assistive technology devices and assistive technology services; and (C) Efficacy of assistive technology devices and assistive technology services with respect to enhancing the capacity of individuals with disabilities; (ii) Development of procedures for providing direct communication among public providers of assistive technology devices and assistive technology services and between public providers and private providers of devices and services (including employers); and (iii) Development and dissemination of information relating to the use of the program by individuals with disabilities and their family members, guardians, advocates, or authorized representatives, professionals who work in a field related to an activity described in this section, and other appropriate individuals. (g) Carry out directly, or may provide support to a public or private entity to carry out, training and technical assistance activities that-- (1)(i) Are provided for individuals with disabilities and their family members, guardians, advocates, and authorized representatives, and other appropriate individuals; and (ii) May include-- (A) Training in the use of assistive technology devices and assistive technology services; (B) The development of written materials, training, and technical assistance describing the means by which agencies consider the needs of an individual with a disability for assistive technology devices and assistive technology services in developing, for the individual, any individualized education program described in section 614(a)(5) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(a)(5)), any individualized written rehabilitation program described in section 102 of the Rehabilitation Act of 1973 (29 U.S.C. 722), any individualized family service plan described in section 677 of the Individuals with Disabilities Education Act (20 U.S.C. 1477), and any other individualized plans or programs; (C) Training regarding the rights of the persons described in paragraph (f)(1)(i) of this section to assistive technology devices and assistive technology services under any law other [[Page 229]] than this Act, to promote fuller independence, productivity, and inclusion in and integration into society of such persons; and (D) Training to increase consumer participation in the identification, planning, use, delivery, and evaluation of assistive technology devices and assistive technology services; and (2)(i) Enhance the assistive technology skills and competencies of-- (A) Individuals who work for public agencies or for private entities (including insurers) that have contact with individuals with disabilities; (B) Educators and related services personnel; (C) Technology experts (including engineers); (D) Employers; and (E) Other appropriate personnel; and (ii) Include taking actions to facilitate the development of standards, or, when appropriate, the application of standards, to ensure the availability of qualified personnel. (h) Support the compilation and evaluation of appropriate data related to a program described in Sec. 345.1. (i)(1) Develop, operate, or expand a system for public access to information concerning an activity carried out under another paragraph of this section, including information about assistive technology devices and assistive technology services, funding sources and costs of assistance, and individuals, organizations, and agencies capable of carrying out such an activity for individuals with disabilities. (2) Access to the system may be provided through community-based entities, including public libraries, centers for independent living (as defined in section 702(1) of the Rehabilitation Act of 1973 (29 U.S.C. 796a(1)), and community rehabilitation programs, as defined in section 7(25) of such Act (29 U.S.C. 706(25)). (3) In developing, operating, or expanding a system described in paragraph (i)(1) of this section, the State may-- (i) Develop, compile, and categorize print, large print, braille, audio, and video materials, computer disks, compact discs (including compact discs formatted with read-only memory), information that can be used in telephone-based information systems, and other media as technological innovation may make appropriate; (ii) Identify and classify existing funding sources, and the conditions of and criteria for access to such sources, including any funding mechanisms or strategies developed by the State; (iii) Identify existing support groups and systems designed to help individuals with disabilities make effective use of an activity carried out under another paragraph of this section; and (iv) Maintain a record of the extent to which citizens of the State use or make inquiries of the system established in paragraph (i)(1) of this section, and of the nature of inquiries. (4) The information system may be organized on an interstate basis or as part of a regional consortium of States in order to facilitate the establishment of compatible, linked information systems. (j)(1) The State may enter into cooperative agreements with other States to expand the capacity of the States involved to assist individuals with disabilities of all ages to learn about, acquire, use, maintain, adapt, and upgrade assistive technology devices and assistive technology services that individuals need at home, at school, at work, or in other environments that are part of daily living. (2) The State may operate or participate in a computer system through which the State may electronically communicate with other States to gain technical assistance in a timely fashion and to avoid the duplication of efforts already undertaken in other States. (k) Support the establishment or continuation of partnerships and cooperative initiatives between the public sector and the private sector to promote the greater participation by business and industry in the-- (1) Development, demonstration, and dissemination of assistive technology devices; and (2) Ongoing provision of information about new products to assist individuals with disabilities. (l) Provide advocacy services. (m) Utilize amounts made available through development and extension [[Page 230]] grants for any systems change and advocacy activities, other than the activities described in another paragraph of this section, that are necessary for developing, implementing, or evaluating the consumer- responsive comprehensive statewide program of technology-related assistance. (n)(1) Accomplish the purposes in Sec. 345.2(b) and (c). (2) [Reserved] (Authority: 29 U.S.C. 2201(b) and 2211(b); sections 2(b)(2), 2(b)(3) and 101(b) of the Act)