Assistive Technology

National Council on Disability Issues Report on Assistive Technology.

The National Council on Disability has issued a report on the availability of assistive technology to persons with disabilities. The report contains a specific section on education and emphasizes the major role technology now plays in education. To see the news release and link to the report, go to http://www.ncd.gov/newsroom/publications/2000/assisttechnology.htm.

IDEA 1997 FINAL REGULATIONS

Regarding Assistive Technology, the regulations state that on a case by case basis, the use of school-purchased assistive technology devices in a child's home or in other settings is required if the child's IEP team determines that the child needs access to those devices in order to receive a free and appropriate public education, (FAPE). See .300.308.

Regarding consideration of the child's AT needs in the Individualized Education Program (IEP), Section 300.346(a)(2)(v) of the regulations adopts verbatim the statutory requirement of consideration of each child's AT needs. The comments state that "in all instances, the IEP team must determine whether an individual disabled child should receive AT, and if so, the nature and extent of AT provided to the child." See 64 C.F.R. 12590.

The comments also state that "in the interest of not adding paperwork burdens to these regulations, there is no additional requirement that local education agencies (LEA's) document that the IEP team considered a child's AT needs, or considered a child's AT needs and determined that AT not be provided to the child." See 64 C.F.R. 12591.

The Department felt that "it was not necessary to add the clarification regarding the importance of reflecting a child's AT needs in IEP goals and objectives or in issues relating to the child's participation in the general curriculum." See 64 C.F.R. 12591.

Excerpt from: An (edited) summary of "Happenings"; Mary Fran Laverdure, policy analyst with the RESNA TA project; March 12, 1999

OSEP Policy Letters on Assistive Technology

The U.S. Department of Education's Office of Special Education Programs (OSEP) has issued many Policy Letters governing when a school must provide AT to students with disabilities. The key OSEP Policy Letters are summarized below by category.

REQUIREMENTS TO PROVIDE, GENERALLY

1) OSEP Policy Letter to S. Goodman, 16 Education Handicapped L. Rep. 1317 (8/10/90)

a) Cannot preclude provision of AT; rather, must determine need case-by-case.

b) AT may be a special education service, a related service or a supplementary aid or service used to maintain a student in the least restrictive setting.

c) Includes AT devices and services.

d) AT is required if needed to ensure that student receives a free appropriate public education (FAPE).

e) IEP must include a statement of the nature and amount of service.

2) OSEP Policy Letter to B. Orenich, Education Handicapped L. Rep. 213:166 (8/9/88)

a) When AT is used as a "supplemental aid and service" to educate a student in the regular education environment, it must be included in the IEP.

3) OSEP Policy Letter to R. Shelby, 21 Individuals with Disabilities Education L. Rep. 61 (1/26/95)

a) When AT (large print books) used as a "supplemental aid and service" to educate a student in the regular education environment, any modifications to the regular educational program must be included in the IEP.

4) OSEP Policy Letter to D. Naon, 22 Individuals with Disabilities Education L. Rep. 888 (1/26/95)

a) There is no federal "approved list" of AT devices and services covered by IDEA.

b) Students are entitled to AT as necessary to ensure a FAPE.

c) The question is the relationship between the educational needs of the student and the AT device or service.

5) OSEP Policy Letter to Hon. T. Libous, 17 Individuals with Disabilities Education L. Rep. 419, 420 (11/15/90)

a) Even if AT were considered only a related service, it could be provided as the sole component of a summer program.

EXAMPLES

6) OSEP Policy Letter to Anonymous, 13 Education Handicapped L. Rep. 213:198 (2/13/89)

a) The related services list is not exclusive. It includes orientation and mobility training for students who are blind.

7) OSEP Policy Letter to Hon. W. Teague, 20 Individuals with Disabilities Education L. Rep. 1462 (2/15/94)

a) The related services list is not exclusive. It also includes large print books and adapted spoons.

8) OSEP Policy Letter to Anonymous, 18 Individuals with Disabilities Education L. Rep. 1037 (4/6/92)

a) AT devices include an FM auditory trainer.

9) OSEP Policy Letter to C. Lambert, 18 Individuals with Disabilities Education L. Rep. 1039 (4/24/92)

a) Calculators may qualify as an AT device.

EVALUATIONS

10) OSEP Policy Letter to J. Fisher, 23 Individuals with Disabilities Education L. Rep. 565 (12/4/95)

a) The IEP team must assess "the student's functional capabilities and whether they may be increased, maintained, or improved through the use of AT devices or services."

b) A parent has the right to an independent AT evaluation, at school expense, under the terms of 34 C.F.R. ' 300.503(b), if the parent disagrees with the evaluation obtained by the school.

11) OSEP Policy Letter to T. Bachus, 22 Individuals with Disabilities Education L. Rep. 629 (1/13/95)

a) Hearing, vision, communication and motor abilities are properly included in the school's AT assessment.

PERSONALLY PRESCRIBED DEVICES

12) OSEP Policy Letter to J. Stohrer, 13 Education Handicapped L. Rep. 213: 211, 212 (4/20/89)

a) If a wheelchair is required as a related service under 34 C.F.R. ' 300.13, the local education agency (LEA) must provide the service at public expense and without charge [see 34 C.F.R. ' 300.4(a)], regardless of whether the parents possess a wheelchair or can obtain one through private insurance.

b) Related services include transportation in and around school buildings and can involve specialized equipment, such as a wheelchair.

c) The LEA is not required to provide the wheelchair for personal use while the student is not in school.

13) OSEP Policy Letter to P. Seiler, 20 Individuals with Disabilities Education L. Rep. 1216 (11/19/93); OSEP Policy Letter to J. Galloway, 22 Individuals with Disabilities Education L. Rep. 373 (12/22/94)

a) A hearing aid is covered under the definition of "AT device."

b) Historically, the LEA is not required to provide a personal device which a student would require whether or not in school.

c) However, if the child requires a hearing aid in order to receive a FAPE, the school must provide it at no cost to the child or the parent(s) in accordance with 34 C.F.R. ' 300.308.

14) OSEP Policy Letter to T. Bachus, 22 Individuals with Disabilities Education L. Rep. 629 (1/13/95)

a) If a student requires eyeglasses to receive a FAPE, the school must provide them at no cost to the parents.

HOME USE

15) OSEP Policy Letter to Anonymous, 18 Individuals with Disabilities Education L. Rep. 627 (11/21/91)

a) If IEP team determines that an AT device is needed for home use to ensure a FAPE, it must be provided.

b) Example given: closed circuit TV for student who is blind and needs to use the device at home to complete

FUNDING SOURCES

16) Office of Special Education and Rehabilitation Services (OSERS) Policy Letter to Rose, 18 Individuals with Disabilities Education L. Rep. 531 (9/19/91)

a) The AT must be at no cost to parent or child.

b) The LEA may access Medicaid or private insurance

i) Use must be voluntary; cannot deny services if parent refuses to authorize use.

ii) Use of other insurance must not result in any cost to parent, such as:

co-payment

deductible

reduction of an upper limit on coverage.

17) OSEP Policy Letter to Dr. O. Spann, 20 Individuals with Disabilities Education L. Rep. 627 (9/10/93);

18) OSEP Policy Letter to W. Cohen, 19 Individuals with Disabilities Education L. Rep. 278 (7/9/92)

a) A parent's use of insurance is voluntary. If the parents refuse to consent to use of insurance, special education services cannot be denied.

19) OSEP Policy Letter to Anonymous, 21 Individuals with Disabilities Education L. Rep. 1057 (8/9/94); 34 C.F.R. ' 300.6(e)(f).

a) If parents agree to use family-owned AT to fulfill IEP, school is responsible for maintenance and repair if damaged on school bus or at school.

b) If the school did not use the family-owned device, it would be responsible for providing and maintaining a needed device.

20) OSEP Policy Letter to Rieser, U.S. Department of Education, Office of Special Education Programs, Policy Letter to Rieser (7/17/86), 2 Education Handicapped L. Rep. 211:403.

A) Under an interpretation of IDEA by the United States Department of Education, some protection is offered to the family that moves and leaves an AT device behind. Under that interpretation, if the new school's IEP committee does not recommend purchase of the AT device and the parents request a hearing, the new school must provide the device until the case is resolved. See U.S. Department of Education, Office of Special Education Programs, Policy Letter to Rieser (7/17/86), 2 Education Handicapped L. Rep. 211:403.

Facts About Assistive Technology and the IEP

1. Assistive technology needs must be considered along with the child's other educational needs.
2. Needs for technology must be identified on an individual basis.
3. Identification of technology needs must involve family members and a multidisciplinary team.
4. Parents or IEP members can ask for additional evaluation or an independent evaluation to determine assistive technology needs.
5. When an evaluation is being conducted, consider: fine-motor skills, communication, and alternatives to traditional learning approaches.
6. Lack of availability of equipment or cost alone cannot be used as an excuse for denying an assistive technology service.
7. If included in the IEP, assistive technology services and devices must be provided at no cost to the family and, if so indicated, devices must be allowed to go home with the student.
8. Parents always have the right to appeal if assistive technology services are denied.

Top of Page