Technology Assistance Program Attention Notice

Postition Regarding Rule Promulgation with the Division of Vocational Rehabilitation

Any rule regarding assistive technology (AT) for promulgation must include compliance with Section 504 of the Rehabilitation Act and the Americans with Disabilities Act (ADA) with respect to reasonable accommodation and equal access to all services and programs. Rules must speak to individuals with disabilities civil right to AT assessments, devices and services throughout the entire Vocational Rehabilitation (VR) experience. This includes the Division of Vocational Rehabilitation's (DVR's) assurance in rules that AT assessments, devices and supports will be provided timely for individuals with disabilities to apply, to be assessed and to participate in all VR programs, regardless of whatever VR status code an individual with a disability is categorized in.

Furthermore, DVR must assure program accessibility under the ADA, which may require the use of AT devices. All VR programs and services should ensure compliance with the ADA standards for architectural design and include the provision of information in accessible formats. This includes, but is not limited to, interpreter services and reasonable allowances for individuals with mental health disabilities who may require tolerance as an equal access ADA accommodation, which when necessary, can require a modification of policies and practices of DVR to comply with the ADA.

TAP will prepare to challenge any rule or rules regarding AT or equal access that are designed to restrict federal laws or regulations, but at the same time, stand ready to negotiate in good faith in the interest of individuals with disabilities.