[blindkid] Federal Quota

Sat May 24 19:13:45 UTC 2014

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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