DisABILITY, Computing and the Law: What You Should Know - Miscellaneous Provisions of Law Relating to Technology and the Disabled - The Research Center on Computing & Society

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Tzipporah Benavraham

Miscellaneous Provisions of Law Relating to Technology and the Disabled

In 1984, I was quite instrumental in the formulation of the computer funding formula for disabled children in New York State. In Title 8 NYCRR Section 175.25 we find line 8, which states that all disabled children in NYS should have $17.25 per child for computer hardware and $5.25 for software per semester provided for their needs. This is the exact same formula as non disabled children in the state. I would deem this an important provision for disability computer policy persons to consider in their lobbying of their legislators. The exact same formula for non-disabled children for access to computer technology should be the same. This law is a model.

The National Library Service for the Blind and Physically Handicapped also provides free tape recorded and Brailled textbooks to qualified persons. However, most people are not aware that in 1969, the physically handicapped who could not turn pages were also allowed in the program. The free tape player, record player and earphones are also available to schools and institutions upon proper certification. The address for further query on this is National Library Service for the Blind and Physically Handicapped, Library of Congress, Washington DC 20542. If your institution, school or place of public accommodation has print disabled persons utilizing your facility you may be eligible to obtain not only this technology, but also tape recorded materials for the blind free of charge.

In pace with the Technology Act for the Disabled, the Office of Special Education and Rehabilitation Services has given Recording for the Blind a grant to produce computer diskette books for the blind and print disabled. You may make query of this publicly funded service by writing to Recording for the Blind, 20 Roszel Road, Princeton NJ. This would make the project a federally funded project subject to the stipulations of section 504 of Public Law 93-112.

The New York State Science and Technology Foundation is funded by the New York State Office of Economic Development. They provide grants to commercial developers of disability technology on an application basis.

Many disabled persons are eligible to receive technology free by evaluation from their local Office of Vocational Rehabilitation. Call your local Vocational Rehabilitation Center for rules and stipulations by which you or a disabled person you know can be funded for vocational rehabilitation services which could include the training of technology and the agency purchasing same. There is an array of different procedures for this service. Often such services are provided as a stipulation of Title 5 of Public Law 93-112, aid to states to provide services for adult disabled persons.

In the law also there is a provision of providing various services including technology to elderly blind persons. Here is the law:

TITLE VII – COMPREHENSIVE SERVICES FOR INDEPENDENT LIVING – PART C – Independent Living Services for Older Blind Individuals. SEC. 721.

SERVICE PROGRAM ESTABLISHED (a) The Commissioner may make grants to any designated State unit to provide independent living services to older blind individuals. Such services shall be designed to assist an older blind individual to adjust to blindness by becoming more able to care for individual needs. Such services may include:

(1) services to help correct blindness such as

(A) outreach services,

(B) visual screening,

(C) surgical or therapeutic treatment to prevent, correct, or modify disabling eye conditions, and

(D) hospitalization related to such services;

(2)the provision of eyeglasses and other visual aids.

(3) the provision of services and equipment to assist an older blind individual to become more mobile and more self-sufficient;

(4)mobility training, Braille instruction, and other services and equipment to help an older blind individual adjust to blindness;

(5)guide services, reader services, and transportation; and

(6) any other appropriate services designed to assist a blind person in coping with daily living activities, including supportive services or rehabilitation teaching services.

(b) No grant may be made under this section unless an application therefor, containing such information as the Commissioner may require, has been submitted to and approved by the Commissioner. The Commissioner may not approve any application for a grant unless the application contains assurances that the designated State unit will seek to incorporate any new methods and approaches relating to the services described in subsection (a) into its State plan for independent living services under section 705 of this title.

(c) Funds received under this section by any designated State unit may be used to make grants to public or private nonprofit agencies or organizations to:

(1) conduct activities which will improve or expand services for older blind individuals and help improve public understanding of the problems of such individuals; and

(2) provide independent living services to older blind individuals in accordance with the provisions of subsection (a).

(d) For purposes of this section, the term “older blind individual” means an individual aged fifty-five or older whose severe visual impairment makes gainful employment extremely difficult to attain but for whom independent living goals are feasible.

From this law we can discern that older blind persons may apply for rehabilitation services and related devices and services as well (including computer technology) for their disability.

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