Maryland Flag
December, 2004

Tapping Technology

Summary of the Final Assistive Technology (AT) Reauthorization Language

The following is a summary of the final assistive technology (AT) reauthorization language.

Oversight Agency
The bill moves federal oversight of the AT programs from the National Institute on Disability and Rehabilitation Research (NIDRR) to the Assistant Secretary for Special Education and Rehabilitation Services (OSERS) acting through the Rehabilitation Services Administration (RSA) in the Department of Education. The bill includes a clause stating the requirement of RSA to ensure that programs funded under this program will address the needs of individuals with disabilities of all ages. The Secretary shall prepare and submit an annual report on the activities funded under the Act to the President, the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate.

Definitions
There are new definitions added for Adult Service Program, American Indian Consortium and State Assistive Technology Program. The definition for Advocacy Services has been deleted. The definition of Assistive Technology Service has been amended to include "a service consisting of expanding the availability of access to technology, including electronic and information technology, to individuals with disabilities." The definition for Targeted Individuals has been changed to include underrepresented populations including the aging workforce, technology experts (including web designers and procurement officials,) providers of employment and training services, and entities that manufacture or sell assistive technology devices. There is an added emphasis on small business employers.

Authorized Funding Levels
The bill authorizes "such sums as may be necessary" be appropriated to the AT programs for state grants and national activities and authorizes the Assistive Technology Act for fiscal years 2005 through 2010. Any funds appropriated via the FY2005 appropriations process are subject to the legislation. There is no sunset provision in the legislation. Baring exceptional appropriations situations, all states are guaranteed to receive funds equal to the amount they received for FY2004. The legislation is not bound by any maximum authorized appropriations levels except for National Activities (Section 6), which are capped at $1.9 million. Protection and advocacy services (Section 5) grants are authorized separately at $4.419 million for FY2005 and such sums as may be necessary for FY2006-2010.

Funding Allocations
The legislation allocates funding differently depending on the following appropriations scenarios. It is important to note that if $665,000 or more is appropriated above FY2004 levels, the Secretary of Education may award up to $665,000 annually for research and development grants (as specified in Section 6 National Activities). The Secretary may use a portion of these funds to make a one-time grant, contract or cooperative agreement for the National Public Awareness Toolkit (see "Research and Development Grants and the Toolkit"). The Secretary cannot award these funds if the appropriation is anything less than $665,000 above the FY2004 funding level.

Base year:
The legislation defines the "base year" as the aggregate level of funding each state program received in FY2004. If the appropriations level is less than the base year each state will receive a ratable reduction. For example, if there is a 30 percent cut in funding relative to FY2004, then each project will receive 30 percent less funding than it did in FY2004. If more funds are made available during the year (via a supplemental appropriations bill or some other vehicle), then all projects will receive a ratable increase until appropriations reach a level equal to the base year. If the appropriations level is greater than the base year, then each state program is brought up to a minimum level of funding - $410,000 for states and $125,000 for outlying areas - using a specific formula. Once states reach the minimum, a different funding formula is used. To reach the program minimum, of the money appropriated beyond the base year 50% is disbursed equally to all the states and outlaying area; and 50% is disbursed according to a state's population (if your state's population is 25% of the national population, you would receive 25% of this share of the funds).

After the project minimums are reached, the money is distributed in the following manner:

  • 80% of the funds are distributed proportionally according to population; and
  • 20% of the funds are distributed equally amongst all states.
Special Funding Rule for FY2005
The legislation makes a special allowance for FY2005 for alternative financing programs. If funding is greater than the base year, the Secretary may make competitive one-year grants to alternative finance programs. Use of these funds is subject to the Title III language of the previous law. These grants may only be awarded for FY2005.

Required Activities for State Grant Programs (Section 4)
The legislation limits indirect costs to 10 percent of each states grants allocation.
Consistent with prior AT statutes, the AT Act of 2004, prohibits funds made available under a grant to states, to be used for direct payment for an AT device for an individual with a disability.
The legislation requires that 60 percent of the funds received by each state AT program go to the following required activities (referred to as "state level activities"):
  • State finance systems (includes alternative finance programs)
  • Device reutilization programs
  • Device loan programs
  • Device demonstrations
  • The remaining 40 percent goes towards the following "state leadership activities:"
  • Training and technical assistance
    • General awareness
    • Skills-development training
    • Use and application training
    • Assessment and implementation training
    • Technical integrating training
    • Transition assistance - a minimum of 5 percent of the 40 percent must be directed to this area
  • Public awareness
    • Communication between providers and users
    • Dissemination of information to targeted individuals
    • Statewide information and referral system
  • Coordination and collaboration- coordination with entities responsible for policies, procedures, or funding for AT devices and services.
A state flexibility provision allows a state to devote 70 percent or more of its grant to two or more of the state level activities. This differs from the standard allocation clause that requires states to use 60 percent of their funds to perform all four required state level activities. The remaining 30 percent of the funds are for state leadership activities. The 5% requirement for transition activities still applies if a state uses this flexibility provision.

Also, programs are not required to use their federal dollars to perform state-level activities if the state program:
  1. Already performs the activity with state or non-federal financial resources; and
  2. The level of non-federal support is comparable to the amount that would be expended if the state were to use federal funding (meaning that a state cannot use $1 of state money to fund a device loan project and claim that it "performs" the activity using non-federal dollars).

Annual Progress Report & Required Data Collection
The legislation requires each state to prepare and submit to the Secretary an annual progress report. Programs shall collect and report the following data:

State Level Activities
  • Alternative Financing Programs
    • The amount and type of financial assistance given to participants in the alternative financing programs including:
      • Number of applications for assistance
      • Number of applications approved and rejected
      • Default rate
      • Range and average interest rate
      • Average income for approved applicants
      • Type and value of devices financed
  • Device Loan Program
    • Number, type and length of loans made to individuals with disabilities, employers, public agencies, or public accommodations, including any analysis of individuals that have benefited from the program.
  • Device Exchange Program
    • Number, type and estimated value and scope of devices exchanged, repaired, recycled, or re-utilized (including redistributed though device sales, rentals or donations) including an analysis of individuals that have benefited from the program.
  • Device Demonstration Program
    • Number and type of device demonstrations and referrals including an analysis of individuals with disabilities who have benefited from the program.
State Leadership Activities
  • Training
    • The number and general characteristics of those who participated in training activities (e.g., individuals with disabilities, parents, guardians, employers, policy makers, vendors)
      • Where feasible, their geographic distribution
  • Technical Assistance
    • The amount and nature of technical assistance provided to state and local agencies and other entities.
  • Public Awareness and Information & Referral
    • The number of individuals assisted through public-awareness related activities
  • Policy Advocacy
    • Outcomes of any improvement initiatives related to policy, practices, and procedures that the state has developed and implemented regarding access to, provision of, and funding for AT devices and services in the contexts of education, health care, employment, community living, and information technology and telecommunications including e-government.
  • Leveraged Funding
    • The source of leveraged funding or other contributed resources, subcontracts, or other collaborative resource-sharing agreements from and with public and private entities.
    • The number of individuals served with those resources (not previously reported)
    • Other outcomes accomplished as a result of activities with said resources.
  • Customer Satisfaction
    • Levels of customer satisfaction with the services provided.


Lead Agency
To conduct AT activities under the Act, the state Governor appoints a lead agency and, if necessary, an implementing entity. The lead agency is a public entity that controls and administers the federal funds disbursed to the state. The implementing entity carries out the program in the state. The implementing entity, if different from the lead agency, can be an agency, office or other entity. The Governor, on obtaining the approval of the Secretary, can redesignate the lead or implementing agency, if the Governor shows good cause. The legislation specifies that there is nothing in the Act that should be construed as requiring the Governor to change the lead or implementing agency to an entity other than the current lead or implementing agency as of the date of enactment.

Advisory Board
State AT Programs are required to establish an advisory board to provide "consumer-responsive, consumer-driven advice" for the planning, implementation and evaluation of programs. A majority (51%) must meet the specified composition established under the law. Members of the Advisory Board must be appointed no later than 120 days after the enactment of the law.

Section 508 Compliance
The Act requires that any authorized activities carried out and supported by federal funds received under the Act must comply with Section 508. However, the Act also contains a rule stating that AT Programs that are operating under FY2004 funds are still required to comply with the AT Act of 1998.

Effective Date
Funds disbursed before the legislation becomes law are governed by the previous reauthorization bill, the Assistive Technology Act of 1998. As such, programs operating on FY2004 funds are required to comply with the AT Act of 1998. Upon receipt of funds made available to states after the legislation has been signed into law, regardless of how those funds are appropriated (continuing resolution, appropriations bill, etc.), must be spent according to the Assistive Technology Act of 2004.

Research and Development Grants and the Toolkit (Section 6- National Activities)
Under this section, the Secretary may award up to $665,000 in grants annually (given sufficient appropriations) to AT providers, AT manufacturers, higher education institutions and other public and private entities for research and development. The grants go towards developing AT devices and/or developing AT reliability and accessibility standards.

Also subject to the same funding clause is the National Public Awareness Toolkit. Public and private entities are eligible to receive this one-time (meaning it is not awarded annually, however it could be a multi-year agreement based upon availability of funds) grant, contract or cooperative agreement to:
  • Expand public awareness;
  • Create and disseminate multimedia materials; and
  • Coordinate with state programs.
To be eligible, an entity, shall develop a partnership that includes the lead agency or implementing agency for an AT program or an organization or association representing implementing entities for state AT programs.

Research & Development
Providers of AT devices and services (e.g., state AT programs) are one of the entities eligible to receive a grant, contract or cooperative agreement to carry out research and development of assistive technology. Entities awarded grants under this provision must coordinate with the lead agency for a state AT Program or a national organization representing state AT programs.


Horizontal rule incorporating the Maryland State Flag


Home | Calendar | Newsletter | Previous | Index | Next | Contact Us