[blindkid] Federal Quota

Pui via blindkid blindkid at nfbnet.org
Sat May 24 20:29:58 UTC 2014


I have had success in emailing our TVI to order books and materials form APH quoting quota funds. The amount far exceeds the $300 plus but I have not had any pushback. Also, my son has a CCTV, handheld magnifier and brailler ordered using the low incidence fund. I was able to get it for school and home use. 

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On May 24, 2014, at 12:13 PM, Margaret Moore via blindkid <blindkid at nfbnet.org> wrote:

> I've never understood quota funds so I need to read what you are saying. My son is 13 and they have never used quota funds or provided anything for him except one folding cane.
> 
> Margaret Moore
> 
> 
> On Saturday, May 24, 2014 11:22 AM, Carlton Anne Cook Walker via blindkid <blindkid at nfbnet.org> wrote:
> 
> 
> 
> Here is a synopsis:
> 
> From your question, it seems that there may be an issue with getting some
> materials from the school. I will address that issue first and then delve a
> bit into the Federal Quota program.
> 
> 1. Federal Quota is NOT the only source of funding.
> Federal Quota funds can be spent ONLY at the American Printing House for
> the Blind (APH --
> http://shop.aph.org/webapp/wcs/stores/servlet/Home_10001_11051). However,
> ANYONE must purchase items from APH using non-Federal Quota funds.
>    In many of my presentations, I highlight Federal Quota funds because
> they serve as a means to get much-needed equipment quickly (at no cost to
> the district). However, Federal Quota funds are NOT the only funds from
> which materials can be purchased.
>    Under the IDEA, schools MUST provide every student with a disability
> with a free appropriate public education (FAPE) without regard to the
> expense of doing so. Thus, if the school is trying to use Federal Quota
> ineligibility as an excuse to refuse to purchase items, call a foul on
> that! The vast majority of their special education equipment/material
> budgets are spent on equipment and materials for typically sighted students
> who have no visual impairment. There is NO provision in the IDEA that
> states Federal Quota monies are the only funds for students determined to
> have visual impairment, including blindness.
>    If the school is trying to get out of TEACHING braille because the
> student does not meet the legal definition of blindness, call a foul on
> that, too. The Braille provision is very clear. It mentions neither the
> legal definition of blindness not Federal Quota funds.
> 
> *IDEA "Braille provision" 20 U.S.C. section 1414(d)(3)(B)(iii)*
> 
> . . . in the case of a child who is blind or visually impaired, provide for
> instruction in Braille and the use of Braille unless the IEP Team
> determines, after an evaluation of the child's reading and writing skills,
> needs, and appropriate reading and writing media (including an evaluation
> of the child's future needs for instruction in Braille or the use of
> Braille), that instruction in Braille or the use of Braille is not
> appropriate for the child.
>    Granted, I am an attorney. Nevertheless, I truly believe that going back
> to the law is an effective and efficient means of dispatching half-baked
> ideas of some individuals who do not seem to be able to understand their
> obligations to the student.
> 
> 2. Eligibility
> From: http://www.aph.org/federal-quota/
> 
> "For students to be eligible to participate in the Federal Quota Program,
> they MUST fulfill the following requirements.
> 
>    - *Meet the Definition of Blindness (MDB)* - central visual acuity of
>    20/200 or less in the better eye with correcting glasses or a peripheral
>    field so contracted that the widest diameter of such field subtends an
>    angular distance no greater than 20 degrees, or *Function at the
>    Definition of Blindness (FDB)* which is visual performance reduced by
>    brain injury or dysfunction when visual function meets the definition of
>    blindness as determined by an eye care specialist or neurologist.
>    - "be enrolled in a formally organized public or private, nonprofit
>    educational program of less than college level"
>    - School-aged students must be enrolled with the registering school or
>    agency on the first Monday in January. Adult students must be registered
>    for at least three months of instruction during the preceding calendar year
>    (an accumulation of 12 weeks).
> 
> Several factors to remember are:
> 
>    - There is NO chronological age requirement for eligibility.
>    - Students must be working at less than college level
>    - Students cannot be registered by two schools or Federal Quota accounts.
>    - Adults to be registered must be receiving a minimum of 20 hours of
>    instruction per week in an educational program. Social and leisure programs
>    do not qualify as instruction. However, student practice to develop skills
>    can be included in instructional hours. For theses purposes, an adult is a
>    student over school age as determined by respective state law."
> 
> 
>    a. Thus, legal blindness OR a diagnosis of CVI (cortical/cerebral visual
> impairment) is needed.
>    b. Also, the school program must be "formally organized." In some
> states, home schools fall under this definition. In many states, they do
> not. It would be valuable to check with your state's Federal Quota Ex
> Officio Trustee (the individual who administers your state's Federal Quota
> funds to check the current position of your state, a link to the list is
> here: http://www.aph.org/federal-quota/trustees.html). If this individual
> indicates that home schools are NOT considered to be "formally organized,"
> it may be valuable to check with your state's Department of Education to
> confirm or reject the position of the Ex Officio Trustee.
> 
> 
> 3. Who can use the equipment?
> While the model is to provide materials to eligible students, most Ex
> Officio Trustees take the position that incidental benefits to ineligible
> students is acceptable. Some examples of these incidental benefits include:
>    a. The eligible student has graduated and equipment or materials are
> purchased with Federal Quota funds is on a shelf in a storage area. An
> incidental benefit would allowing the ineligible student to use the
> equipment or materials rather than allowing it to gather dust.
>    b. The ineligible student and the eligible student are learning the
> skills of blindness together in the same classroom (even if direct
> instruction is separate, the students are practicing their skills in a
> common educational setting). In this type of scenario, most would consider
> it reasonable to allow the ineligible student to use the Federal
> Quota-purchased equipment or materials in that educational setting (rather
> than prohibiting the ineligible student from using them and requiring
> either the purchase of duplicate items or leaving the ineligible student
> without.
>    c. Another common instance is an eligible student in a classroom with
> non-disabled peers. Many new APH materials are designed to facilitate
> interaction between students with visual impairment, including blindness,
> and their typically sighted peers. Thus, it is quite reasonable to assume
> that these items of "universal design" are meant to be used (at least
> somewhat) by students with no visual impairment at all.
> 
> 4. How much money is it per student?
> I'm not certain, but Holly's answer of $375 seems about right. (6 years
> ago, the number was around $295 per student). Obviously, this amount does
> not (and cannot) pay for all the equipment needed. Like Social Security
> retirement benefits, it is a safety net, but it is not intended to be the
> sole source of income to meet the needs of the individual.
> 
> 
> 
> I hope this is helpful.
> 
> 
> Carlton
> 
> -- 
> Carlton Anne Cook Walker
> Attorney at Law
> President, National Organization of Parents of Blind Children
> Teacher of Students with Blindness/Visual Impairment
> 105 Creamery Road
> Boiling Springs, PA   17007
> Voice: 717-658-9894
> Twitter: braillemom
> 
> 
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