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ICT Community of Practice, February 15, 2024 (video)
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ICT Accessibility in Technology Purchase and Use Decisions (Video)

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Transcript (PDF)

Archived recordings of AT3 COVID-19 webinars are also available on the Emergency Management – Cororna Virus (COVID-19) Pandemic page.

So You’re Planning a Virtual AT Conference (video)

Entering the Green Zone (video)
Texas Center for Disability Studies Presentation (PDF)
Assistive Technology for Kansans Presentation (PDF)
MonTECH’s Cleaning and Disinfection Procedures (PDF)
Resuming Services (PDF)
Practices (PDF)

LeadingAge Center for Aging Services Technologies (CAST) Technology Planning and Selection Tools and Resource (video)

Managing Social Isolation, Anxiety and Depression through the Use of Assistive Technology Tools (Video)
Managing Social Isolation AT3 Webinar (PDF)

Captioning Video Meetings and Trainings (Video)
J Brandt – AT3 Captioning Video Meetings and Trainings (PDF)

Protection and Advocacy during the Coronavirus Pandemic (Video)

Video Conferencing and Project Management (Video)
A Standridge – How to Use Zoom (PDF)

Virtual AT Demonstrations (Video)

AT Programs Operating in a Remote Environment (Video)

Using Zoom to Conduct Remote Training (Video)
Using Zoom to Support AT Activities (PDF)

State AT Programs in the Time of COVID (Video)

Welcome to the AT3 Road Map for New Directors, an orientation guide for new Section 4 AT Act Program Directors.

The following suggestions are meant to help you get started by drawing your attention to critical information and related resources in a helpful sequence. We suggest you tackle one heading or subheading every day, although these will range from just a few minutes to an hour or more (especially if follow up steps are indicated!). Be sure to contact your AT3 technical assistance provider if you have questions as you go.

Please note that any reference to “AT Act Programs” throughout this document includes all funded Section 4 AT Act Programs (all 50 U.S. states, District of Columbia, Puerto Rico, and the U.S. territories of American Samoa, Guam, Northern Mariana Islands, and Virgin Islands).

Terms in italics are ones you may not be familiar with but are important to understanding and administering the program.

We encourage you to explore and familiarize yourself with the AT3 Center website. The content on this site along with many downloadable documents and other links can help you as you get oriented to and grow in your role as an AT Act program director. New information is continually added and currently posted documents and other resources are updated as needed. Under the AT Act Grantees header you will find information on program administration, state level and state leadership activities, state improvement initiatives, and Communities of Practice. The AT Act Information section contains links to the AT Act law, frequently asked questions related to the Act, and related resources. The following suggestions will frequently be referring to these sections and resources. Navigate to these by using the active links which will open in new tabs in your browser or be available in your device downloads folder as appropriate.

The Acronyms and Laws is located on the Program Administration General Resources page. Keep this quick reference handy as you will encounter these acronyms and laws in other materials and discussions.

Who’s Who

A Who’s Who document introduces you to people from:

• Association of Assistive Technology Act Programs (ATAP)
• National Assistive Technology Act Technical Assistance and Training Center (AT3)
• Center for Assistive Technology Act Data Assistance (CATADA)
• Administration for Community Living (ACL)

These individuals are available to assist you. Add them to your “contacts” and please be sure to do the following:

1. Contact your AT3 TA provider to schedule an introductory meeting.
2. Contact Jamie Anderson to join the Grantee Directors listserv, as well as other Communities of Practice listservs you are interested in joining.
3. Contact Vance Dhooge for access to NATADS.
4. Contact Rob Groenendaal to be sure he has your correct contact information.

You will want to become familiar with the legislation itself. There are several resources on the AT Act Information page. We suggest the following sequence for an understanding of the law that is critical to state AT Act programs:

1. Start by reviewing the Summary of AT Act Requirements document for a big picture overview.
2. After you are comfortable with the summaries provided in the document and slides, read the law itself.
3. The AT Act differentiates between entities who are the program’s lead entity and those who are the implementing entity. Additionally, there are programs where the lead and implementing entity are one in the same. Make sure you understand these terms and where your program fits.
4. Continue with the suggestions in this guide to achieve a deeper comprehension of the detailed requirements.

Note that you may find it helpful to have a copy of the law in which you can easily mark information and make notes for frequent quick reference. You will find copies of the AT Act in word and pdf formats on the AT Act information page.

After reading the AT Act, you should have an understanding of how key activities are divided into state level and state leadership. State level activities are further divided into those that support access to assistive technology (device demonstration, device lending for decision making) and those that support acquisition of AT (state financing, reutilization, and device lending not for decision making). The State Level Activities page provides brief descriptions of these activities and links to detailed pages for each activity. You will find information on each of these more detailed pages that includes definitions, performance measures, data collection, “Frequently Asked Questions” and resources.

1. Start by reading the definitions and “Frequently Asked Questions” sections for each activity.
2. Familiarize yourself with how your program conducts each of these activities in your state.
3. Revisit each of these pages once you are ready to move on to information about budgeting as well as data collection elements and required reporting.

State Leadership Activities

State leadership activities include training, technical assistance, and public awareness (which includes information and assistance). The State Leadership page provides brief descriptions of these activities and links to detailed pages for each activity.

1. Start by reading the definitions and “Frequently Asked Questions” sections for each activity.
2. Learn the differences between technical assistance, training, information and assistance, and public awareness.
3. Understand the requirements for training and/or technical assistance on transition and accessible information and communication technology (ICT).
4. Familiarize yourself with how your program conducts each of these activities in your state.
5. Revisit each these pages once you are ready to move on to information about budgeting as well as data collection elements and required reporting.

There is a great deal of information available for Program Administration. You will find more detailed webpages for different administrative requirements including Administrative Guidance documents and more general resources.

The AT Act programs are formula-funded mandatory grants with unique requirements. It is important that you understand the difference between these programs and other types of discretionary grants. If you need to learn more about this, the Understanding Types of Grants and Associated Funding document provides a good overview.

Advisory Council

As you learned when you reviewed the AT Act, there is a statutory requirement to establish an advisory council “to provide consumer-responsive, consumer-driven advice to the State for, planning of, implementation of, and evaluation of the activities carried out through the grant, including setting the measurable goals described in subsection (d)(3)”. Additional information, including FAQs, is available on the State Advisory Councils page.

1. Review the composition of your program’s Advisory Council soon after you begin your tenure as director.
2. Verify that the representation requirements are satisfied.
3. Meet with your Advisory Council, face-to-face if possible, in your first few months of leadership.
4. Learn the strengths and expertise of your individual members and Council as a whole.

Required Federal Reporting

There are two major federal reporting requirements: the State Plan for Assistive Technology and the Annual Progress report. We suggest you:

1. Review the Annual AT Data and Fiscal Calendar document and enter the dates in your calendar and/or keep handy for easy reference.
2. Use the Summary of AT Act Section 4 Grantee Requirements document as a reference for requirements and compliance.

State Plan for Assistive Technology (SPAT)

Once every three years, each funded program is required to develop a State Plan for Assistive Technology, updated annually when there are significant changes. The State Plan serves as the application for Section 4 AT Act formula funding and identifies which AT Act activities the grantee will conduct and how they will be implemented. The plan is reviewed by ACL to ensure it conforms to the requirements of the AT Act.

1. Familiarize yourself with your program’s current approved State Plan. You can find it at the CATADA website.
2. After you have read your program’s approved plan, explore the Instructions for the State Plan and the other resources found on the CATADA website.
3. As you review the instructions for completing the State Plan, you will note information regarding “flexibility” and “comparability”. These terms have implications for both data collection and fiscal administration. Pay particular attention if your state claims flexibility or comparability for any state level activity.
4. If needed, read the administrative guidance document on Flexibility and Comparability – Data Reporting for a greater understanding of these options and their implications.
5. Now that you have familiarized yourself with how your state carries out state level and state leadership activities and you have read your state plan, ensure that what your state is doing aligns with what is in your State Plan.

Annual Progress Report (APR)

Every state AT program is required to submit the Annual Progress Report (APR) by December 31 of each year. The APR covers the period of October 1st through September 30th of each federal fiscal year and includes all the data elements required by Section 4(f) of the AT Act for state financing, device loan, reuse, device demonstration, training, technical assistance, public awareness, information and referral, state improvement outcomes, and leveraged funding. APR data must be reported for each activity included as part of your State Plan for AT.

CATADA has developed and supports the web-based data reporting system for the Annual Progress Report (APR) called the National Assistive Technology Act Data System (NATADS). This is the data reporting system used by state AT programs to submit the required data elements of the APR in accordance with the AT Act mandates.

1. Familiarize yourself with the CATADA website and available tools and resources.
2. Use the CATADA data tools to run a few reports to identify trends (e.g. your state’s performance over several years, by activity). Keep in mind that comparing your data with a demographically similar state can be misleading due to differences in many variables (i.e. federal funding level, leveraged funding levels, program structure, available resources, etc.).
3. Read the AT3 Center administrative guidance document Why Data Matters: How Your Assistive Technology Data Can Work for You for suggestions on using your data to analyze and gain insights into program performance and inform your planning and program delivery.

Performance Measures

The measurable goals set by ACL for the state AT programs are referred to as performance measures.  Data is collected and analyzed within the contexts of education, employment, or community living for access and acquisition activities. The percentage of goal attainment is auto-calculated in the APR. Performance measures are set by ACL in three areas: (1) AT access activities as a target percentage of individuals and entities who accessed device demonstration programs or device loan programs and made a decision about an AT device or service as a result of the assistance they received; (2) AT acquisition activities as a target percentage of individuals and entities who obtained devices or services from state financing, reutilization, or non-decision making device loan activities who would not have obtained that AT device or service absent the activity; and (3) ICT accessibility focused on obtaining an outcome/result from information and communication technology accessibility training including improvement of policies procedures or practices in the areas of website and software development and procurement.

1. Review your program’s success in achieving the ACL measurable goals in the prior year’s APR.
2. Review your program’s progress towards meeting the current fiscal year’s measurable goals set by ACL.

Day-to-Day Data Collection System

NATADS’ primary purpose is to serve as the official APR data collection mechanism for reporting aggregate data by the Section 4 formula funded grantees. However, NATADS also has a web-based “day-to-day” (D2D) data collection system that can optionally be used by Section 4 State AT Programs for collecting and managing data reporting for all activities included in the State Plan for AT and required by the Annual Progress Report (APR). This system covers all the required data elements for all Section 4 authorized State AT Program activities, State Financing, Reuse, Device Loan, Device Demonstration, Training, etc. The system allows for data entry by multiple people and sites in an online format with the State AT Program controlling access and includes validation rules to ensure the aggregate data will be clean for end of year reporting in the APR. Numeric aggregate data from the D2D component of NATADS will automatically populate into the APR. You will want to:

1. Become familiar with whatever data collection system(s) your program uses.
2. If applicable, become familiar with the method(s) by which data is reported by subcontractors or other partners.
3. You may wish to discuss data collection systems with your AT3 TA provider.

The AT3center.net site has many reference documents for Fiscal Management. We suggest:

1. Familiarize yourself with the available administrative guidance topic areas.
2. If you are new to grants management, read the HHS Rules important highlights summary document then review and familiarize yourself with the Office of Management and Budget (OMB) Grant Rules.
3. Identify how your program ensures you adhere to OMB requirements.
4. Be certain you know if your state uses either the comparability or flexibility option and why it does so (previously discussed under the State Plan section).
5. Read the administrative guidance document on State Plan Expenditure Tracking and Reporting.
6. Learn your internal fiscal tracking system(s) and ensure they meet the AT Act budgetary requirements.
7. Be familiar with your program’s history for obligating and liquidating fiscal funds as required. If your program has had lapsed funding (funds that were not drawn down on time) find out what happened and if there is a problem that is likely to re-occur. If there is, contact your TA provider and federal project officer immediately.
8. Meet the people in your organization who are responsible for fiscal management and reporting of your formula grant.
9. If your program is an implementing entity, meet the people at the lead entity that manage your contract.

Budgeting Cycle

Establishing and following a budgeting cycle will assure the expenditure of funds in a timely way. Section 4 AT Act Program Grantee awards are made for a two year period but it is expected that you will spend available funds during the year one period. Your budgeting cycle should identify a specific target date for obligation and liquidation of the entire fiscal year grant award long before the final deadline for each. This is especially true when grant funds are used for external contracts for which there is no guarantee of funding being liquidated by the final deadline date. The obligation deadline for all grants is September 30 of the second year – 24 months from the award date. The liquidation deadline is December 31 of the second year – 27 months from the award date. A recommended budget cycle sets April 1 in the second year as the target date for liquidation of all funds in the prior fiscal year award. Please note there is no “carryover” period for these formula funded programs. All of the two year period award funds must be obligated on time or you will lose them.

1. Review the Annual AT Data and Fiscal Calendar (previously referenced under Required Federal Reporting).
2. Review the Fiscal Management Frequently Asked Questions to explore some of the other fiscal requirements on this topic.
3. Be certain your program will obligate and liquidate all funds by the required deadlines (preferably well before the deadlines).
4. Be certain your program liquidates all previous award funds before drawing down new fiscal year award funds!

AT3 has several listservs that may be of interest. You have already been added to the email list of all AT Act grantees. This list disseminates important information including, but not limited to, information and announcements from the Administration on Community Living (ACL). If your state/territory is a member of ATAP, you will be added to the ATAP listserv as well. The AT3 listserv includes directors as well as key program staff if requested by the program director.

Communities of Practice

The AT3 Center has convened “Communities of Practice” (CoP) to promote sharing and problem-solving for AT Act Section 4 grantees and their partners. The CoPs provide opportunities for information and interaction in the implementation of state level activities as well as state leadership activities (technical assistance and training) related to information and communication technology (ICT) access. Although the primary members of the CoPs should be staff or program partners directly engaged in directing or implementing the CoP’s focus activities, others with interest in the topic(s) are welcome to join. You will want to learn which staff members and/or program partners are engaged in which CoP (hopefully your program has representation on each!).

Events

Events such as CoP calls and AT3 webinars are announced through links provided at AT3 Events as well as through AT3 listservs. There are two national opportunities of note that you should plan to attend (and for which you should budget): the Leadership Symposium and the ATIA conference.

Each spring, the AT3 Center conducts a Leadership Symposium in Washington, DC for AT Act Program directors. This event provides high level content related to program administration, policy, and practice. The schedule also offers opportunities to meet ACL personnel, and for in-person technical assistance from AT3.

The Assistive Technology Industry Association (ATIA) sponsors a national conference held in late January/early February in Orlando, Florida. In addition to providing continuing education to build your (and your staff’s) assistive technology knowledge and skills, this conference provides both formal and informal opportunities for you to meet with AT3 staff and your colleagues in AT Act Programs across the country. In addition, ATIA offers many training webinars throughout the year. Through the AT3 and ATIA partnership, these webinars are available at no cost to AT Act programs. Speak with your TA provider for more information.

Social Media

AT3 maintains a Facebook page and a Blog that includes information of interest related to AT3 and assistive technology in general. If you use either of these social media platforms:

1. Follow AT3 on Facebook
2. Enjoy AT3’s blog AT News and Tips
3. If your program uses these resources, feel free to “share” any of the AT3 posts.

Your feedback is important to us. Please complete a short survey to tell us about your experience using the Road Map and how we might improve this online orientation.

This section provides information to assist AT Act programs in developing an effective AT Advisory Council and in orienting Council members to the AT Act.

Purpose of Advisory Council

The AT Act describes the requirement to establish an advisory council “to provide consumer-responsive, consumer-driven advice to the State for, planning of, implementation of, and evaluation of the activities carried out through the grant, including setting the measurable goals described in subsection (d)(3). It is helpful to articulate and set forth expectations in your initial invitation to prospective members. The primary functions of the advisory council are:

• To serve as ambassadors of the AT Act program
• To assist with the development of the three year State Plan for Assistive Technology (SPAT) submitted to the Administration on Community Living, US Department of Health and Human Services
• To assist the program with implementing and evaluating the activities identified in the SPAT and suggesting amendments, if needed, based on the Annual Progress Report (APR)
• To provide a stakeholder voice about issues related to access to and acquisition of assistive technology in the state the program serves
• To provide input to other agencies and or partners in order to improve AT services within the state

Composition

In accordance with section 4(c)(2), the advisory council is to be a consumer-majority body, that is, with at least 51% individuals who are people with disabilities who are users of assistive technology devices and services. The AT Act prescribes a set of representatives from agencies and organizations, including: a representative of the designated State agency as defined in section 7 of the Rehabilitation Act of 1973 (e.g. the vocational rehabilitation (VR) agency); a representative of the State agency for individuals who are blind, if such an agency is separate; a representative of a State center for independent living under title VII of the Rehabilitation Act of 1973; a representative of the State workforce investment board established under section 111 of the Workforce Innovation and Opportunity Act; and a representative of the State educational agency as defined in section 9101 of the Elementary and Secondary Education Act; a representative of an alternative financing program for assistive technology if there is an alternative financing program in the State; such program is separate from the AT Act Program; and the alternative financing program is operated by a nonprofit entity. The advisory council will also include a representative of one (1) or more of the following:

The agency responsible for administering the State Medicaid program; the designated State agency for purposes of section 124 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000; the State agency designated under section 305(a)(1) of the Older Americans Act of 1965, or an organization that receives assistance under such Act; an organization representing disabled veterans; a University Center for Excellence in Developmental Disabilities Education, Research and Service designated under section 151(a) of the Developmental Disabilities Assistance and Bill of Rights Act of 2000; the State protection and advocacy system established in accordance with section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000; the State Council on Developmental Disabilities established under section 125 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000. In addition, the AT program may appoint additional representatives from other state agencies, public agencies, or private organizations, as long as the consumer majority is maintained. As the AT Act Program recruits consumer members and makes additional appointments, care should be taken to maintain a council that reflects the diversity of the State “with respect to race, ethnicity, types of disabilities across the age span” as well as the types of AT devices and services used by its citizens with disabilities. It is recommended that any additional requirements (e.g. residency in the state) be added to the Advisory Council by-laws or operating procedures. Responsibilities of members include:

• Attend and actively participate in all Assistive Technology program Advisory Council (ATAC) meetings
• Serve as a liaison between the AT Act Program and entity they represent (including state agencies and the community as a whole), promoting and sharing the AT Act Programs’ mission and resources
• Participate in identification and exploration of new opportunities to increase access to and acquisition of assistive technology devices and services, especially those involving partnerships with diverse stakeholders
• Assist in educating others about AT devices and services through the AT Act Program (and other resources as appropriate)
• Participate in reviewing the state program’s efforts and achievements of its goals
• Support the establishment/maintenance/improvement of state and federal laws and policies that promote access to and acquisition of assistive technology

Advisory Councils vs. Board of Directors

AT Act Programs all have a public agency that serves as the Lead Entity. The agency was designated by the state governor and that agency controls and administers the funds, submits the application, and implements other duties required of AT Act programs. If the Governor also designated an implementing entity, they implement all state level and state leadership activities under a contract or other administrative agreement with the lead agency. The entity responsible for the advisory council should be the implementing entity except for when the lead agency performs all the requirements of the AT Act program and there is no implementing entity.

The agency in which a program is located, as well as if there is an implementing entity, influences the structure and operations of the advisory council. Advisory Council members may have current or prior experience serving on a Board of Directors. It is important to distinguish key differences between the two. One important difference is the degree of control over finances (“fiduciary responsibility”) and the influence over personnel decisions (hiring/firing for example). Advisory Councils are meant to be just that, advisory in nature. The AT Act refers to the advisory body as a “council”. It is recommended that the AT Act program avoid the term “Advisory Board” to avoid confusion or misperception, and use the language in the AT Act, “AT Advisory Council”.

Most programs establish an advisory council as an autonomous entity whose sole purpose is to serve and support the AT Act program. However, there are two other models that might be used by programs with an existing agency Advisory Board and/or an Advisory Council that serves more than one program.

Advisory Councils and Boards of Directors: AT Act Programs in a Nonprofit Agency

If your AT Act program is implemented by a nonprofit entity, the nonprofit’s Board of Directors may decide to establish the AT Act Advisory Council as a committee. An advisory committee is not the legal governing body of the organization and does not carry the same legal responsibilities and fiduciary duties. Rather, the advisory committee, which may be called the AT Advisory Council, serves to make recommendations and/or provide key information and materials as specified in the AT Act. The line between the two groups must be clearly defined to ensure proper oversight of the organization, protect the valid actions of the board of directors, and reduce personal liability risks of advisory council members. The Board of Directors by-laws should specify the AT Advisory Council’s purpose and role, guidelines for membership, its relationship to the Board of Directors, and Advisory Council operations.

Advisory Councils Serving More Than One Program

The AT Advisory Council may be subsumed in another structure, as long as it functions to provide consumer-responsive, consumer-directed advice to the AT Act Program in accordance with the AT Act. when there is no implementing entity or the implementing entity if there is one) may decide to assign the statutory responsibilities of the AT Advisory Council to an existing advisory body or committee. For example, a University Center for Excellence in Developmental Disabilities Education, Research, and Service (UCEDD) may elect to have its Consumer Advisory Committee (required under the Developmental Disabilities Act) serve as the AT Advisory Council; a state Vocational Rehabilitation (VR) agency that implements the AT program activities may decide to assign the AT Advisory Council responsibilities to the State Rehabilitation Council. This can create challenges in maintaining the AT Act statutory requirements regarding composition/representation and consumer majority. When the meetings are combined and both advisory purposes are addressed in the same agenda there will be additional complexity in determining how the associated AT Act expenses will be allocated and tracked. There may also be challenges regarding agenda priorities and/or conflicts of interest. AT Act funds should only be used to support those activities directly related to the AT Act program. It is imperative that the advisory council be structured to best meet the needs of the AT program.

How Your Advisory Council Operates

Advisory Councils benefit from having By-laws with clearly defined policies and procedures (similar to those of a governing board). These include position descriptions, attendance, meeting schedule/calendar of activities, and conflict of interest and ethics policy. By-laws may also include the following topics:

Membership

In accordance with section 4(c)(2), the Advisory Council is to be a consumer-majority body, that is, with at least 51% individuals who are people with disabilities (or the family member or guardian of the individual) who are users of assistive technology devices and services. The AT Act prescribes a set of required representatives from agencies and organizations, including: a representative of the designated State agency as defined in section 7 of the Rehabilitation Act of 1973 (e.g. the vocational rehabilitation (VR) agency); a representative of the State agency for individuals who are blind, if such an agency is separate; a representative of a State center for independent living under title VII of the Rehabilitation Act of 1973; a representative of the State workforce investment board established under section 111 of the Workforce Innovation and Opportunity Act; and a representative of the State educational agency as defined in section 9101 of the Elementary and Secondary Education Act of 1965; a representative of an alternative financing program for assistive technology if there is an alternative financing program in the State; such program is separate from the AT Act Program; and the alternative financing program is operated by a nonprofit entity.

The advisory council will also include a representative of one (1) or more of the following: the agency responsible for administering the State Medicaid program; the designated State agency for purposes of section 124 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000; the State agency designated under section 305(a)(1) of the Older Americans Act of 1965, or an organization that receives assistance under such Act; an organization representing disabled veterans; a University Center for Excellence in Developmental Disabilities Education, Research and Service designated under section 151(a) of the Developmental Disabilities Assistance and Bill of Rights Act of 2000; the State protection and advocacy system established in accordance with section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000; the State Council on Developmental Disabilities established under section 125 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000.

In addition, the AT program may appoint additional representatives from other state agencies, public agencies, or private organizations, as long as the consumer majority is maintained. The by-laws and/or operating procedures should include minimum/maximum size parameters and voting vs. non-voting status. Non-voting member status can allow for additional members (including consumers, family members, professionals and/or other agencies) while maintaining the required composition and consumer majority. This can be advantageous in avoiding issues related to member changes that have the potential to affect the consumer majority and/or the needed members for a quorum.

If you are considering inviting AT program subcontractors and/or other program partners to join the Advisory Council, consider they may end up in a “conflict of interest” situation, where recommendations are being voted on that will affect them (positively or negatively). Alternately, you can invite them to join as non-voting members, or involve them in other ways, e.g. members of committees (if your by-laws permit participation by non-members). It is suggested you adopt a conflict-of-interest policy to which all Advisory Council members must agree.

Recruitment, Appointments and Term Limits

Your policies and procedures should include the process by which the consumer members and individuals other than those representing required agencies and entities are nominated/recruited and selected. Be strategic in selecting additional representatives who will be committed to advocating for the AT program and who may have the ability to create or strengthen important partnerships. What steps will you take to maintain a council that reflects the diversity of the State “with respect to race, ethnicity, types of disabilities across the age span” as well as the types of AT devices and services used by its citizens with disabilities? You may wish to develop a recruiting matrix to track these variables. What will the application to serve on your Advisory Council look like, and what qualifications will you specify? By what methods will you distribute your application? It is recommended that any additional requirements (e.g. residency in the state; observing at least one meeting prior to consideration) be added to the Advisory Council by-laws or operating procedures.

Having term limits (both length of term, e.g. three years; and number of consecutive terms, e.g. two) is one way to ensure a flow of “new blood” and energy, as well as a way to divest members who have been less than effective or problematic. You will also want to consider other approaches to and rationales for removing members. For example, lack of participation (unexcused absences) at more than half of the year’s meetings or violation of the Conflict of Interest agreement may be grounds for removal. You will also want to consider any special circumstances related to absences that might be an allowable exception.

Structure and Autonomy

Decisions should be made about the degree of formality and the structure of the Council.

Will the Advisory Council operate as an autonomous entity? In this scenario, the Council has officers, including a chair. Program staff may provide support as needed (e.g. facilitating meeting logistics; supporting communication with Council members) but are non-voting members. The chair (with other executive officers, and perhaps with the support of program staff) sets the agenda and leads the meetings. An advantage of this structure is the ability of the chair to independently communicate to policy makers the Advisory Council’s position on issues, minimizing the risk of program staff being perceived as “lobbying”.

Determine the procedure for electing or selecting officers, and what those officers are (typically, chair, vice-chair, and secretary). Develop clear and complete descriptions of the duties of the respective officers, for example: chair (develops agenda; works with staff to communicate/distribute meeting materials in accessible formats to members in advance of meeting; invites guest presenters; facilitates meeting); vice-chair (runs meeting in absence of the chair); secretary (records minutes; maintains membership roster and attendance). Develop rules for term limits for officers.

In lieu of an autonomous entity, Advisory Council support and facilitation should be assigned to a staff person who is interested in taking on this responsibility and who has good facilitation skills; additional administrative support may be required especially for logistics, recording minutes, and processing expenditures. If other than the program director him/herself, responsibilities include collaborating with the program director to construct the agenda; organize and distribute staff reports and materials (including alternate formats) in preparation for the meeting; send out reminders and other relevant communication (e.g. requests for RSVPs); coordinate logistics and arrangements (e.g. catering; sleeping/meeting rooms; booking CART); provide skilled facilitation during the meeting (e.g. encourages participation; guides discussion; keeps meetings on track; follows the agenda); prepares and/or reviews minutes.

Regardless of how the advisory council is structured, it is recommended that documents be stored electronically and available to all Advisory Council members. For example, a secure cloud-based storage option may be a place for storing historical and current information and work products as well as by-laws, board applicants, agendas, minutes and other important documents. A council member and/or staff person should be designated to assist in organizing and maintaining this repository.

Meeting Procedures

It is important to establish meeting frequency, duration, and location(s) annually and let this be known to member candidates prior to their appointment. Review your state’s “Sunshine Law” to determine the extent to which those rules may apply to your meetings (e.g. requirements to publish meeting information on your website). In addition, you may want to consider how/when you will employ technology options (phone, video conference), recognizing that while these are helpful for members who can’t travel due to location, schedule or disability they may also present accessibility challenges. Determine how/whether voting can occur electronically, and protocols for same (e.g. 24 hour limit for asynchronous electronic voting on motions).

The Advisory Council should adopt meeting procedures, typically as a part of organizational by-laws. These procedures should address the following: the use of Robert’s Rules of Order; quorum requirements; frequency and location of meetings (including the ability to transact business both in-person and via telecommunications) and decision-making methods (majority vote, two-thirds vote, or by consensus).

Meeting Accommodations and Member Compensation

The Advisory Council should be committed to providing all necessary disability-related accommodations to facilitate full participation of its members with disabilities. This may include personal assistance services, CART, ASL or other language interpretation, assistive listening devices, documents in accessible formats including Braille, or supportive review of materials in advance of the meeting (e.g. for members with intellectual disabilities). As necessary, notice on accommodating chemical sensitivity should be provided to attendees. The location of face-to-face meetings should be fully accessible (including accessible paths from public transportation drop-off points and parking, meeting rooms, restrooms, and sleeping rooms if required). Any refreshment that will be provided should include provision for specific dietary requirements as well as accessibility (e.g. server assistance for buffets; straws).

The AT Act specifically allows reimbursement to members of the Advisory Council “for reasonable and necessary expenses actually incurred in the performance of official duties”. This may include travel expenses, meals, payment for or provision of personal assistance services and other accommodations to promote full participation in the council’s activities. However, compensation is not permitted for service on the Advisory Council (e.g. an honorarium or other such payment).

Guidelines and specific procedures for reimbursement of expenses associated with meeting attendance should be provided to members who may qualify, usually consumers/family members (not state agency representatives). For example, agency policies on prior expense approvals and expense limitations need to be distributed well in advance.

Frequently Asked Questions about the State Advisory Councils

What AT Act rules apply to the Advisory Council?

There are no AT Act rules, just the statute. However, most states have established a set of by-laws or governing procedures for their AT Council. Those decisions and the ability to amend them are all made at the state level.

Can a resident of a neighboring state serve on the Advisory Council?

While there is no explicit requirement in statute for an individual who serves on an Advisory Council to be a resident of the state, it is difficult to imagine how a person could be “geographically representative of the State” if they do not reside in the state. In any state where there is a more formal appointment process for an Advisory Council member, e.g. appointment is made by the Governor or a State Agency head, there is likely a clear requirement for the appointee to be a current state resident. It may be helpful for the Advisory Council by-laws to clearly address eligibility.

Does a representative from a required state agency or organization need to be an employee of that agency or organization?

The AT Act only specifies the agencies and/or organizations that must be represented. Unless there are other specific state requirements regarding appointments to advisory councils, the entity has great leeway in choosing who will represent them. It is critical that these entities understand the purpose for their inclusion in the advisory council as well as the role and responsibilities of their representative. It is also important the agency understand their representative may be voting on issues on their behalf.

For the purposes of the AT Act Advisory Council, who is “a consumer”? Is it only a person with a disability?

An individual with a disability who uses assistive technology devices and services is a “consumer”. A family member or guardian of such a person may also serve as a council member in the category of “consumer”.

Are there any restrictions on how long a person can serve as a council member?

There are no restrictions in the AT Act on the terms of service for AT Council members. The AT Act only specifies the composition (required consumer representation and specific agency representatives) and requires a consumer majority. The only other restrictions is that one person cannot be both a consumer and an agency representative.

If a required agency representative is also a consumer, can s/he be counted towards the consumer majority requirement?

No. The Act expressly prohibits “double counting” towards the consumer majority requirement.

Does the advisory council need to be a self-governing body?

No. Although some programs have a council that operates with bylaws and elects its own officers, other programs operate their council more informally and with more direction by program staff (e.g. setting the agenda).

What are some examples of “other representatives” beyond those required under the AT Act?

In addition to representation from required agencies, the AT Act Program may consider representatives from the state’s protection and advocacy (P&A), Parent Training and Information center (PTI), the state agency responsible for people with developmental disabilities, the state agency responsible for aging services, the state Medicaid agency, Universities, Community programs, etc. As other representatives are added, the consumer majority must still be met.

Should partner agencies who receive funds through the AT Act program (including those who receive devices) sit on the advisory council?

Some state programs have their subcontractors as “ex officio” (non-voting) members of the council, others may have partners as full members, and some do not include partner agencies on their council. The key is to avoid conflict of interest or appearance of conflict of interest (e.g. a partner member would need to recuse him/herself from any actions of the advisory council that would affect the agreement between the partner and the AT Act Program).

We are having difficulty getting one (or more) of the required entities to designate a representative. What can we do?

When completing the State Plan for Assistive Technology, you must attest to having the required representatives and consumer majority for the advisory council. If you don’t meet the requirements, you must explain the steps you are taking to comply with the required distribution. Steps may include correspondence or meetings between the lead agency and the administration (e.g. Chair of the Workforce Investment Board or the Secretary of Labor) explaining the requirement and requesting the appointment(s).

Can we use AT Act funds to pay the expenses of advisory council members, as well as the cost of any accommodations needed for their participation (e.g. ASL interpreters)?

The AT Act specifically allows reimbursement to members of the advisory council “for reasonable and necessary expenses actually incurred in the performance of official duties”. This may include travel expenses, meals, payment for or provision of personal assistance services and other accommodations to promote full participation in the council’s activities. However, compensation is not permitted for service on the advisory council (e.g. an honorarium or other such payment).

Does the advisory council need to be a separate entity, or can it be a part of another structure, e.g. the Consumer Advisory Committee required by a University Center of Excellence in Developmental Disabilities (UCEDD) where the UCEDD is the lead agency for the AT Act Program, the Board of Directors of the implementing agency that is a not-for-profit, or a part of the state Rehabilitation Council where VR is the lead agency?

The advisory council may be subsumed in another structure, as long as it functions to provide consumer-responsive, consumer-directed advice to the AT Act Program and all the requirements for representation, including consumer majority, are met. Note this will create additional complexity in determining how the AT Act funds supporting the advisory council will be allocated.

How do I distribute the expenditures for the advisory council as related to the distribution between “state level” and “state leadership” activities?

The degree to which at a given meeting the advisory council attends to state level and state leadership activities, respectively, should guide your determination of how you will distribute expenses. For example, if your council spends equal time on all activities, this would be “50-50”. If your council spends most of its time discussing state level activities, you would reflect that in your allocation (e.g. 80%-20%). Determining this allocation becomes more challenging and complex when the advisory council is a part of another body (e.g. the UCEDD’s consumer advisory committee or the State’s Rehabilitation Council), especially when the meetings are combined and both advisory purposes are addressed in the same agenda.

Resources

21st Century Assistive Technology Act

Must the AT Act Program conduct public awareness activities?

Yes. Public awareness, including information and assistance, are required components of the State Leadership activities. Typically, funds for public awareness are part of the 40% a state expends on State Leadership activities. However, if the state claims “flexibility”, 30% of its funds will be divided among public awareness, training and technical assistance and collaboration. Limited funds for outreach may impact the degree to which targeted individuals are able to learn about the AT Act Program’s resources.

How can I tell if we are doing a good job of public awareness?

Data reflecting utilization of state-level services by type of individual served and the purpose of the AT (as collected as part of performance measures) and engagement of metro/non-metro residents (as collected from training participants) will provide a sketch of the degree to which the AT Act Program is successful in its outreach and public awareness. Some states choose to also collect data on the county I&A callers are from, where that information is available.

Do our public awareness materials need to be in alternate formats and languages?

AT Act Programs should be prepared to provide materials in alternate formats and languages. When distributing materials such as an exhibit table at events open to the general public or events that do not require pre-registration, it is appropriate for the AT Act Program to “model” accessibility by having its print literature available in a variety of formats, including Braille and large print. Input from the program’s Advisory Council, analysis of who the program has or has not been able to reach and serve, as well as reports from various data sources such as the American Community Survey may inform and influence the program’s decisions impacting language translations.

Our website is the primary way we provide public information. Should all materials (including videos, down-loadable forms and documents) be accessible?

Yes! As a recipient of federal funds, and in the interest of modeling accessibility, your website should conform to Section 508 standards. Videos should be captioned, podcasts transcribed, and all documents including down-loadable forms should be accessible.

We conducted an hour-long session at our state’s Independent Living Conference explaining all the resources of the AT Act program, including those of the Alternate Financing Program and our other partners. Is this public awareness or training?

If the primary purpose of the session was to provide information about the AT Act Program, rather than to build participants’ knowledge, skills, and competencies regarding assistive devices and services, it would be considered public awareness, even though you would be able to individually identify (and receive satisfaction surveys from) the participants.

Do we need to have a staff person (or subcontractor) whose sole responsibility is Information and Assistance?

The program may designate primary responsibility (e.g., daily checking of the I&A email and toll free phone line) to one staff member or subcontractor, although the program should have a plan to tap the expertise of staff or other resources in order to respond to complex requests. There is no requirement for the manner in which a program implements its I&A activities as long as it satisfactorily provides for the “continuation and enhancement of a statewide information and referral system designed to meet the needs of targeted individuals and entities”.

Our reuse program includes two hours of individualized training for each recipient of a used computer. Is this reuse? Training? I&A?

Individualized instruction is one way to “…deliver information on assistive technology devices”, and is considered Information and Assistance. If there were several consumers receiving this instruction at the same time, it could be counted as training. However, care should be taken not to double count an activity. A decision should be made ahead of time as to how the activity will be classified, as different data, including satisfaction measures, may need to be collected for different activities. In addition, if the consumer is eligible for training on the devices and that service should be provided or paid for by another entity (e.g., VR or education), the program may violate the prohibition against supplanting.

We would like to purchase “give-aways” to promote our program at various expos, health fairs, and other events. Is this an allowed expense?

HHS policies indicate that promotional items such as mugs, bags, lanyards, etc. to be given to individuals are considered personal gifts for which appropriated funds may not be expended. You may use other sources of funding (e.g., fee-for-service income) in order to purchase such items.

The AT3 Center has convened “Communities of Practice” (CoP) to promote sharing and problem solving for AT Act Section 4 grantees and their partners in implementing state level activities as well as technical assistance and training (state leadership) related to information and communication technology (ICT) access. The members of the CoPs should be staff or program partners who are engaged in directing or implementing the activities. The CoPs will communicate via periodic, topical and focused webinars and/or conference calls, through online discussions, as well as involvement in other training events. To join a CoP, contact Jamie Anderson at Jamie.anderson@ataporg.org.

Information and access instructions for all CoP meetings and webinars are located under each CoP below.

This Community of Practice focuses on the ins and outs of state financing activities, including but not limited to alternate financing (e.g. cash loan programs); device distribution programs; cooperative buying; and other strategies that help people acquire AT.

This Community of Practice focuses on practices and problem solving in device repair, redistribution and recycling (both reassignment and open ended loan) and device exchange by developing resources and addressing reuse policy issues.

Because of the shared focus on device inventory selection, acquisition and maintenance, these two state level access activities are addressed by a single CoP. Topics addressed include identifying current “hot” AT products, strategies for inventory management, challenges with device maintenance and security, and other issues germane to providing device loan and demonstration.

Training in this area is required for State AT Programs along with reporting of specific performance measure outcome data. This CoP supports State AT Program staff, contractors and other external partners responsible for implementing ICT accessibility initiatives at the state level supplementing an expertise gap present in many states in this area. For additional ICT resources please visit our ICT Community of Practice Resources page.

This group is designed for Assistive Technology programs who have or who are interested in creating a program or project for 3D printing of AT devices.