Pub. L. 100-407, tit. I, sec. 101
PROGRAM AUTHORIZED.
SEC. 101. PROGRAM AUTHORIZED. (a) Grants to States.—The Secretary of Education shall make grants to States in accordance with the provisions of this title to assist States to develop and implement consumer-responsive comprehensive statewide programs of technology-related assistance that accomplish the purposes described in section 2(b)(1). (b) Functions of Programs.—Any State that receives a grant under this title may accomplish the purposes described in section 2(b)(1) by carrying out any of the following functions: (1) Identification and needs assessment.—Identification of individuals with disabilities (including individuals from underserved groups) who reside in the State and the conduct of an 102 STAT. 1048ongoing evaluation of the needs of such individuals for technology-related assistance, which may be based on existing data. (2) Identification and coordination of resources.—Identification and coordination of Federal and State policies, resources, and services relating to the provision of assistive technology devices and assistive technology services to individuals with disabilities, including entering into interagency agreements. (3) Provision of assistive technology devices and assistive technology services.—Provision of assistive technology devices and assistive technology services to individuals with disabilities and payment for the provision of assistive technology devices and assistive technology services. (4) Dissemination of information.—Dissemination of information relating to technology-related assistance and sources of funding for assistive technology devices and assistive technology services to individuals with disabilities, the families or representatives of individuals with disabilities, individuals who work for public agencies and private entities that have contact with individuals with disabilities (including insurers), employers, and other appropriate individuals. (5) Training and technical assistance.—Provision of training and technical assistance relating to assistive technology devices and assistive technology services to individuals with disabilities, the families or representatives of individuals with disabilities, individuals who work for public agencies and private entities that have contact with individuals with disabilities (including insurers), employers, and other appropriate individuals. (6) Public awareness program.—Conduct of a public awareness program focusing on the efficacy and availability of assistive technology devices and assistive technology services for individuals with disabilities. (7) Assistance to statewide and community-based organizations.—Provision of assistance to statewide and community-based organizations or systems that provide assistive technology services to individuals with disabilities. (8) Partnerships and cooperative initiatives.—Support of the establishment or continuation of partnerships and cooperative initiatives between the public sector and the private sector to facilitate the development and implementation of a statewide program of technology-related assistance for individuals with disabilities. (9) Qualifications of staff.—Taking actions to develop standards, or where appropriate, apply existing standards to ensure the availability of qualified personnel. (10) Program data.—Compilation and evaluation of appropriate data relating to the program. (11) Procedures for involvement of concerned individuals.—The establishment of procedures providing for the active involvement of individuals with disabilities, the families or representatives of such individuals, and other appropriate individuals in the development and implementation of the program, and for the active involvement, to the maximum extent appropriate, of individuals with disabilities who use assistive technology devices and assistive technology services in decisions 102 STAT. 1049relating to such assistive technology devices and assistive technology services. (12) Other functions.—Any other functions the Secretary considers appropriate. (c) Authorized Activities.—In carrying out the functions described in subsection (b), any State may use amounts made available to the State under a grant under this title for activities including the following: (1) Model delivery systems.— The State may support model systems for the delivery of assistive technology devices and assistive technology services to individuals with disabilities that if successful could be replicated or made generally applicable. Any such system may include— (A) the purchase, lease, or other acquisition of assistive technology devices and assistive technology services or payment for the provision of assistive technology devices and assistive technology services; (B) the use of counselors, including peer counselors, to assist individuals with disabilities and the families of individuals with disabilities to obtain assistive technology devices and assistive technology services; (C) the involvement of individuals with disabilities or, if appropriate, families or representatives of individuals with disabilities in decisions related to the provision of assistive technology devices and assistive technology services to individuals with disabilities; and (D) the evaluation of the efficacy of the particular model delivery system involved. (2) Statewide needs assessment.— The State may conduct a statewide needs assessment, which may be based on existing data and may include— (A) estimates of the numbers of individuals with disabilities within the State, categorized by residence, type and extent of disabilities, age, race, gender, and ethnicity; (B) a description of efforts during the fiscal year ending before the date of the enactment of this Act 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; (C) 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; (D) 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; (E) a description of State and local public resources and private resources (including insurance) that are available to establish a statewide program of technology-related assistance for individuals with disabilities; (F) the identification of State and Federal policies that facilitate or interfere with the operation of a statewide program of technology-related assistance; 102 STAT. 1050 (G) a description of— (i) alternative State-financed systems of subsidies for the provision of assistive technology devices and assistive technology services, including— (I) a loan system for assistive technology devices; (II) a low-interest loan fund; (III) a revolving fund; (IV) a loan insurance program; and (V) a partnership with private entities for the purchase, lease, or other acquisition of assistive technology devices or the provision of assistive technology services; and (ii) a description of the eligibility criteria for such a system; (H) a description of the State’s procurement policies and the extent to which such policies will ensure, to the extent practicable, that assistive technology devices purchased, leased, or otherwise acquired with assistance under a grant under this title are compatible with other technology devices, including technology devices designed primarily for use by individuals without disabilities, elderly individuals, or individuals with particular disabilities; and (I) an inquiry into whether it is advantageous for either a State agency or a task force (composed of individuals representing the State and individuals representing the private sector) to 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. (3) Support groups.—The State may encourage the creation or maintenance of statewide or community-based organizations or systems that assist individuals with disabilities to use assistive technology devices or assistive technology services, or support any existing organization or system that provides such assistance. (4) Public awareness program.— The State may support a public awareness program designed to provide information relating to the availability and efficacy of assistive technology devices and assistive technology services for individuals with disabilities, the families or representatives of individuals with disabilities, individuals who work for public agencies and private entities that have contact with individuals with disabilities (including insurers), employers, and other appropriate individuals, or may establish and support such a program if no such program exists. Such a program may include— (A) the development and dissemination of information relating to— (i) the nature of assistive technology devices and assistive technology services; (ii) the appropriateness, cost, and availability of, and access to assistive technology devices and assistive technology services; and 102 STAT. 1051 (iii) the efficacy of assistive technology devices and assistive technology services with respect to enhancing the capacity of individuals with disabilities; (B) procedures for providing direct communication between public providers of assistive technology devices and assistive technology services and private providers of such devices and services (including employers); and (C) the development and dissemination of information relating to— (i) use of the program by individuals with disabilities, families or representatives of individuals with disabilities, and professionals who work in the field of technology-related assistance, and other appropriate individuals; and (ii) the nature of the inquiries made by the individuals described in clause (i). (5) Training and technical assistance.—The State may provide directly or support public or private training and technical assistance activities relating to the use of assistive technology devices and assistive technology services to individuals with disabilities, the families or representatives of individuals with disabilities, individuals who work for public agencies and private entities that have contact with individuals with disabilities (including insurers), employers, and other appropriate individuals. (6) Access to technology-related information.— The State may develop, operate, or expand a system for public access to information concerning technology-related assistance, including information about assistive technology devices and assistive technology services, funding sources, costs, and individuals, organizations, and agencies capable of providing technology-related assistance to individuals with disabilities. In developing, operating, or expanding a system described in the preceding sentence, the State may— (A) develop, compile, and categorize print, braille, audio, and video materials containing the information described in such sentence; (B) identify and classify existing funding sources, conditions of and criteria for access to such sources, including any funding mechanisms or strategies developed by the State; (C) identify existing support groups and systems designed to help individuals with disabilities make effective use of technology-related assistance; and (D) maintain a record of the extent to which citizens of the State use or make inquiries of the system established under this paragraph, and of the nature of such inquiries. (7) Interstate agreements.—The State may enter into cooperative agreements with other States to expand the capacity of the States involved to assist individuals of all ages with disabilities to learn about, acquire, use, maintain, adapt, and upgrade assistive technology devices and assistive technology services that such individuals need at home, school, work, or in other environments that are part of daily living. (8) Other activities.—The State may utilize amounts made available under grants made under this title for any other 102 STAT. 1052activities necessary for developing, implementing, or evaluating the statewide program of technology-related assistance.