Parent Mentors of Ohio

That your child needs to benefit from his special education or related services; or
That enable your child to get his education in the least-restrictive environment. 34 C.F.R. § 300.308.

The 1990 amendments to IDEA added the term "assistive technology" and its definition. The IDEA definition says:

The term assistive technology device means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve functional capabilities of children with disabilities. 20 U.S.C. § 1401(1).

The term assistive technology service means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. The term includes:

The evaluation of the needs of a child with a disability, including a functional evaluation of the child in the child's customary environment;
Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by children with disabilities;
Selecting, designing, fitting, customizing, adapting, applying maintaining, repairing, or replacing of assistive technology devices;
Coordinating and using other therapies, interventions or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;
Training or technical assistance for a child with disabilities or, where appropriate, the family of a child with disabilities;
Training or technical assistance for professionals (including individuals providing education or rehabilitation services), employers, or other individuals who provide services to, employ or are otherwise substantially involved in the major life functions of individuals with disabilities. 20 U.S.C. § 1401(2).

Assistive technology in special education also includes specialized transportation equipment such as "special or adapted buses, lifts, and ramps." 34 C.F.R. § 300.16(b)(14).

An Office of Special Education Programs (OSEP) letter said that the definition of "related services" includes assistive technology. 16 EHLR 1317 OSEP, 1990. The letter emphasized the hallmark of special education law  that:

The determination of what constitutes a free, appropriate public education must be made on an individual basis, and
Any needed services must be included in the student's IEP.

A 1992 OSEP letter stated that calculators, tape recorders, and teachers' notes can be considered assistive technology. Lambert, 18 IDELR 1039, 1992. Other OSEP policy letters and hearing decisions clarify the types of assistive services and devices that IDEA covers. SEP found that related services include:

An Apple IIe computer (In Re Mary H 1984-1985 EHLR 506:325);
Auditory training equipment (Cleveland Public School District, EHLR 353:307 OCR 1988);
Computer assistance (Eldon MO R-1 School District EHLR 352:144 OCR 1986);
A computerized communication system (San Francisco USD 1985-1986 EHLR 507:416);
A device for loading/unloading students from a bus (Davis USD 18 IDELR 696, 1992);
A $7,000 liberator communication device (19 IDELR 355, 1992); and
Hearing aids (Seiler, 20 IDELR 1216, 1993).

Assistive Technology Defined

According to the Technology-Related Assistance for Individuals with Disabilities Act of 1988, an "assistive technology device" is "any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities (p.102, Stat. 1046)." For purposes of this paper, assistive technology will further be delineated as any technology that enables an individual with a learning disability to compensate for specific deficits. In some instances, the technology may assist or augment task performance in a given area of disability, while in others it is used to "bypass" specific deficits entirely. It is important to emphasize that assistive technology is not aimed at "curing," "fixing," or remediating learning disabilities; rather, it is used as a strategy to compensate for, or circumvent, areas of difficulty, generally, by "playing to" an individual's area of strength. Furthermore, assistive technology is not intended to teach or instruct (as is the case with computer-aided instruction), although it can be used to increase access to instruction.

Research has demonstrated the effectiveness of AT as an empowering aid for individuals who have learning problems.

These researchers have shown that such devices and systems as word processors, "reading machines," "talking computers," speech recognition systems, and electronic spell checkers can be used by individuals with learning problems to compensate for reading, writing, and spelling difficulties.

CONSIDERING ASSISTIVE TECHNOLOGY IN THE IEP

The new requirements in IDEA '97 to consider assistive technology devices and services for all students with disabilities creates a massive task for school districts. Already, special educators across the country are reporting an increased number of referrals for children with mild disabilities in which the issue is access to the curriculum and productivity once in the curriculum. School-based professionals are finding that the "fix-it" approach taken with traditional assistive technology applications is not appropriate for these new types of technology referrals. More often than not, instructional issues are at the heart of these referrals--they require educators to start with the curriculum and then ask how tools might assist students in achieving the outcomes.

Thus, school districts are searching for tools that they can use to ensure that IEP teams meet the intent and the spirit of the law. To assist school districts with this goal, Gayl Bowser and Penny Reed have developed the Education TECH Point system which educators can use as a tool to develop effective assistive technology delivery systems. The TECH Point system offers educators a strategy for identifying specific points in the planning process where AT should be considered. The TECH Points are:

* Initial referral question.

* Evaluation questions.

* Extended assessment questions.

* Plan development questions.

* Implementation questions.

* Periodic review questions.

At each point, questions are posed which reflect issues that must be addressed. The TECH Point structure provides a way to effectively organize and monitor AT utilization while enabling programs to tailor activities to match each student's needs.

STATE LEVEL SUPPORT FOR AT

States can support local education agencies in meeting these new requirements to consider assistive technology in each child's IEP. To ensure that technology benefits children with disabilities, states need to implement policies and practices that support its effective use. Louis Danielson, Director of the Division of Research to Practice at OSEP, suggests that state directors of special education put into place a clear policy on assistive technology that includes:

* A statement of desired AT outcomes.

* Policies for delivering AT services.

* Staff development and technical assistance policies.

* Verification that the technology plan includes research-based practices.

* Mechanisms for interdisciplinary involvement.

* Policies for purchasing, using, and managing equipment.

* Strategies for obtaining adequate funding.

* Strategies for communicating these policies.

PROMOTING ACCESS TO THE CURRICULUM: PROMISING PRACTICES

As a result of the new law, technology is increasingly being recommended to help students with cognitive disabilities achieve in a challenging curriculum. Technology that supports students in accessing the curriculum does not need to be expensive or complicated to make a difference in learning. Both low tech and high tech applications have been used successfully to ensure students' success in the general education curriculum. What do we know about the positive benefits of using technology in academic subject areas to help children with disabilities achieve to high standards? The following research-based applications have been selected to show how technology is being integrated into curriculum and instruction to support a wide range of student abilities.

Assistive Technology:
Myths, Realities, & Action Steps

MYTH: Assistive technology is a magic cure- all for people with disabilities.

REALITY: Assistive technology is a powerful tool to assist people with disabilities in meeting everyday challenges. By itself, assistive technology will never completely remove the difficulties which come with having a disability. Assistive technology is only one of many choices to be considered. Assistive technology is often used to improve, complement, or expand other services or solutions.

ACTION STEPS:

View assistive technology as part of a life-long process.
Define your goals and then decide where assistive technology can be used. All people can benefit.

MYTH: All technology is "high tech" and expensive.

REALITY: Some of the most useful and effective devices are inexpensive and simple. These are known as "low-tech" devices.

ACTION STEPS:

Look for and find something that works - whether it is low- or high-tech.
Make sure that the solution relates to the goal(s) you have identified.

MYTH: People want the latest and most expensive devices.

REALITY: People want tools that are easy, reliable, and affordable. They also want tools that will get the job done as quickly and conveniently as possible.

ACTION STEPS:

Find out about equipment loan programs so you can "try before you buy."
Talk with other technology users.
Think about what you need to change in your job, everyday life, and in the community to help identify things you need.

MYTH: One source has all the answers.

REALITY: Solutions and options may change, making it impossible for any one person to know everything about assistive technology devices and services. It is important for people with disabilities, family members, and all involved professionals, to learn all they can about technology. Sharing this knowledge and experience helps decide which device will work best.

ACTION STEPS:

Use a team approach to finding solutions.
Talk with other assistive technology users who may know of unique, personal, or practical assistive technology solutions.

MYTH: You should not get assistive technology until you are ready.

REALITY: Using assistive technology is a personal decision. Many people prefer the familiar to something new. However, assistive technology lets people do things more easily, more independently, or sometimes even for the first time.

ACTION STEPS:

Try different options. Many tools may be available to meet your specific needs.
Provide experiences that encourage success with the tools in different places. Don't assume that a person can or cannot benefit from technology.
Don't assume that a person should go through certain "stages" of technology use.
People with disabilities may need encouragement from friends, family, peers, and professionals to try different tools.

MYTH: Only people with certain types of disabilities find assistive technology useful.

REALITY: People of all ages, abilities, and needs may be able to benefit from assistive technology. Everyone's needs are different. Understanding and meeting the needs of the individual are critical. There are many technology solutions available.

ACTION STEPS:

Try different assistive technology options.
Talk with other assistive technology users.
Be sure you understand what you need and want.
Recognize that your needs may change over time. Ask yourself again, " What would I like to do better?"

MYTH: If a technology solution is available, it will be used.

REALITY: Using tools successfully depends on several things. Involvement of people with disabilities and their family is necessary in evaluation, selection, and training for any device. Services and devices are often limited or useless if they are pushed on people with disabilities without involving them in the process.

ACTION STEPS:

People with disabilities are the final decision-makers.
People with disabilities have a right to assistive technology.
Assistive technology is a process in which people with disabilities must be involved every step of the way.

MYTH: Determining your assistive technology needs is done only once.

REALITY: Deciding what you need is a process that is nonstop and requires that many questions be asked.

ACTION STEPS:

Continually review your progress and desired goals.
Change your plan and technology options as needed.
Your needs can change over time. If this happens, you may need to start at the beginning and ask yourself again, "What would I like to do that I can't do now?"

MYTH: Assistive technology is a lifelong process.

REALITY: Many people with disabilities need assistive technology to give them more independence. In this case, assistive technology is a necessity.

ACTION STEPS:

Assistive technology may serve a necessary role throughout your life.
Decide what you need to do to succeed. Then decide if assistive technology can enable you do it.

MYTH: Product descriptions are always accurate.

REALITY: Product descriptions are designed to sell products. As a result, these descriptions don't always point out limitations for some technology users.

ACTION STEPS:

Try before you buy! Trial periods may be available for a small fee or for free, if you ask.
Call your local Tech Act Project office to see what devices they might have available for you to try
Gather product information from many sources before making a final decision.
Other people with disabilities can provide practical information about advantages and limitations of your tool of choice.

MYTH: Assistive technology is a luxury

REALITY: Many people with disabilities use assistive technology to give them more independence. In this case, assistive technology is a necessity. If a tool makes a task easier or more convenient to do, it is not a luxury, no matter what the cost.

ACTION STEPS:

Assistive technology is a lifelong process.
Decide what you want to do better. Then decide if assistive technology can help you do it.

Who is eligible to receive assistive technology under IDEA?

Children who have disabilities and need special education services to benefit from education have the right to special education and related services. Related services include assistive technology. Eligible disabilities include sensory impairments (hearing, vision, speech, language), orthopedic impairments, mental retardation, autism, serious emotional disturbance, specific learning disabilities, or other health impairments. Children with traumatic brain injuries also qualify for special education under federal law. 20 U.S.C. § 1401(3); 34 C.F.R. § 300.7. California law refers to "individuals with exceptional needs." Cal. Ed. Code § 56026; 5 C.C.R. § 3030.

Children who meet these criteria who are between the ages of three years and 18 years, inclusive, are eligible for special education. Cal. Ed. Code § 56026(c)(2) and (3). Individuals between 19 and 21 who are enrolled in or are eligible for special education programs prior to their 19th birthdays, and who have not completed their prescribed courses of study (or who have not met prescribed proficiency standards), are eligible for special education. Cal. Ed. Code § 56026(c)(4).

Which agencies have responsibility for providing assistive technology in special education?

School districts have responsibility for those who have solely low-incidence disabilities. The rules and protections of IDEA.

School districts may also have to provide assistive technology for students as a reasonable accommodation under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973. Students who are not eligible for Special Education under the IDEA (perhaps because they do not fit into one of the defined categories, or because their learning problems are not severe enough) may still qualify for assistive technology to allow them equal access and opportunity to participate with non-disabled peers.

What is an "educational agency" or a "local educational agency"?

The terms "education agency" or "local educational agency" or "school district" refer to the agency that administers your child's school. For simplicity, we call them "schools."

How can my child get assistive technology through the school?

You should include any necessary special education services, including assistive technology, in your child's Individualized Education Program (IEP). To begin the process, you should ask the school, in writing, for the assistive technology that your child needs. If you do not know exactly what type of device your child needs, simply say why your child needs assistive technology.

For example, if your child has a hearing impairment, you can say that she needs help understanding what people are saying in the classroom. In the assessment and IEP process, the IEP team should determine your child's needs for assistive technology along with her placement, transportation, related services, and other needs.

Once you make the request, the school district has 15 days to provide a proposed assessment plan. This plan must contain a notice of your rights as the child's parent. You have at least 15 days to consent to the proposed assessments. Once the school district receives your consent, it has 50 days to complete the assessments and hold an IEP meeting.

Will the school district evaluate my child's need for assistive technology?

Yes. Once you ask for assistive technology (or other special education services, the school district does a complete evaluation of your child's need for the device or service. There is no cost to your family. If you disagree with the school district's findings, you can get an independent evaluation. The school district is responsible for the cost of your child's independent evaluation as well. However, the school district does not have to pay for your child's independent evaluation if it can show that the school's assessment was accurate, complete, and met the proper requirements. 34 C.F.R. § 300.503; Cal. Ed. Code § 56329.

`How can I get assistive technology included in my child's IEP?`

IDEA regulations say that you can include assistive technology in an IEP for three reasons: a. As part of special education; b. As a related service; or c. As a supplemental aid or service to allow the child to be educated in the least restrictive environment. 34 C.F.R. § 300.308.

Although these distinctions may seem confusing, the basic standard is that your child needs the assistive technology to benefit from special education.First: Assistive technology may be part of your child's goals and objectives for special education. 34 C.F.R. § 300.17. For example, your child may need a communication device so he can answer questions and talk to his teacher and peers. His IEP goal might say: "Using an electronic communication device, John will respond appropriately to questions from teacher and classmates five out of five times." Second: Assistive technology may be part of related services. 34 C.F.R. § 300.16. It may be the related service itself, or it may enable your child to benefit from a related service. For example, your child may need a lift on the school bus so he can ride to school with his peers. Davis USD 18 IDELR 696, 1992. A related service may also be training or evaluation to help him use a device. For example, occupational therapy may involve finding the correct position to use a computer keyboard or a communication board. Third: Assistive technology may be a supplementary aid or service that enables your child to be educated in the least restrictive environment. 34 C.F.R. § 300.550(b)(2). The IEP team should consider and approve assistive technology to allow your child to stay in the regular classroom setting before considering a more restrictive setting. For example, a listening device that would help your hearing impaired child take part in a regular class would be allowable if, without the device, he would have to be in a more restrictive setting. If the IEP team includes assistive technology in your child's IEP, the school district must buy the device or service. As of July 1, 1998, the law requires the IEP team to specifically consider a child's need for assistive technology devices and services when developing an IEP. 20 U.S.C. § 1414(d)(3)(B)(v). This requirement means that, while developing your child's IEP, the school must consider whether she needs assistive technology to assure that she will benefit from special education.In addition, if your child is blind or has visual impairments, the IEP team must provide for instruction in Braille and the use of Braille. The only exception is when the IEP team determines, after evaluating your child's current and future needs, that instruction in Braille or the use of Braille is not appropriate for her. 20 U.S.C. § 1414(d)(3)(B)(iii).

Who owns assistive technology that the school buys for a special education student?

Any equipment purchased by the school belongs to the school district. If your child moves to another school district, the equipment stays with the district that bought it. The school should allow your child to take the equipment home, however, if he needs it to benefit his education.

For example, he might need it to do homework or to practice communication skills outside the classroom.

Can the school district make us buy equipment with Medi-Care or private insurance?

Using other funding sources such as Medi-Cal or private insurance must be voluntary. The child's family must give permission. The school district cannot make you suffer a financial loss that parents of nondisabled students do not have to suffer. Such losses might include:

Decreased availability of lifetime insurance coverage or other benefits;
Increased premiums;
Canceled policy;
Out-of-pocket deductible expenses;
Limits on the amount of services you can claim.

Be sure to find out if using your own insurance will limit the amount of insurance protection available for future family use. Even if you volunteer to use other payment sources for assistive technology, the school district still has an obligation to provide all services included in the IEP. If your insurance or Medi-Cal does not cover the entire cost of the equipment, the school must assume the rest of the cost, so that there is no charge to you.

Can our child take home equipment that the school district buys?

Yes. If your child needs the equipment at home to benefit from its use, and your child's IEP calls for home use, then he may take it home. 18 IDELR 627, 1992. Hearing officers consistently rule that, while the school district owns the device, it cannot limit its use to school grounds if a student needs the device at home or in a community setting in order to receive a free, appropriate public education (FAPE). That means, if your child needs the device to complete his homework or to practice skills outside of school, he can take it home. The IEP team should discuss how and when your child could take the equipment home.

Does the school district provide training to use an assistive technology device?

Yes. The school must give your child, you, other family members, and school personnel adequate training to assure proper use of the device. IDEA includes such training in the definition of assistive technology service. The school district must pay for the training. 20 U.S.C. § 1401(2)(E).

Who is responsible for repairing and maintaining assistive technology devices?

The school district is responsible for repairing and maintaining the devices it buys. You and the school district should look at all warranties and maintenance contracts that come with devices to see if they cover these services. The IEP team should discuss training, repair, and maintenance with the school district. Everyone should agree on the arrangements before implementing the IEP. The school district should review its property insurance policy to see what the policy covers and whether it will cover loss or damage at school and at home.

Is cost a factor in determining whether my child can get assistive technology?

The school district may consider cost in deciding whether to provide a device but only if a less expensive device is also appropriate. One hearing officer ruled that cost was a factor, but then authorized a $7,000 Liberator communication device. 19 IDELR 355, 1992. Cost may not be a factor if the other choice will deny your child access to FAPE.

I have a child with some hearing loss in both ears. Can we ask his school district for hearing aids?

Yes. If your child is a special education student and needs hearing aids as part of his special education program, or related services, or supplementary aids and services. 34 C.F.R. § 300.308. Normally, hearing aids are considered personal devices and school districts do not have to supply them. But, it is different when you can show that your child needs hearing aids to increase, maintain, or improve his functional capabilities as set out in his IEP goals and objectives. 34 C.F.R. § 300.5. OSEP Policy Letter to P. Seiler, 20 IDELR 1216 (11/19/93) and OSEP Policy Letter to J. Galloway 22 IDELR 373 (12/22/94).

How to determine the educational need for hearing aids is part of the IEP process. After assessment, it is up to you and the rest of the IEP team to set your child's educational goals and objectives. If your child's hearing loss interferes with his progress toward these goals and objectives, you must make sure that his IEP says so. The IEP team must write his goals and objectives clearly, so the school district understands why it must make the hearing aids available. You can justify your child's need for hearing aids under one of the three main IEP areas - special education, related services, and supplementary aids and services. (See questions 1 and 2 for explanations of these terms.)

If your child has Medi-Cal, CCS, or private insurance benefits, the school can ask them to provide the hearing aids. See question 22 for information about your right to agree or refuse to use these benefits for items related to special education.

My child needs eyeglasses to do her schoolwork. Can she get them from her school district?

Like hearing aids, eyeglasses are personal devices. Normally, school districts do not have to provide them. But, when the devices are necessary for your child to receive a FAPE, the school district does have to provide them. OSEP Policy Letter to T. Bachus, 22 IDELR 629 (1/13/95). As part of the assistive technology evaluation, your child may have her vision tested to identify her needs. See OSEP Policy Letter to Bachus. If the examination shows that she needs eyeglasses to read, write, or take part in the school program:

The IEP team should discuss the need for eyeglasses; and
The school district must furnish the required eyeglasses.

In most cases, children with visual impairments need eyeglasses. However, OSEP has said it is possible that children with other disabilities, such as learning disabilities, may need eyeglasses too. According to OSEP, if your child needs glasses to achieve her IEP goals, then the school district must supply them. See Letter to Bachus above.

Our child is blind. We want him to learn Braille. What can we ask his school district to do?

You can ask his school to teach him Braille and to provide materials in Braille. Under the law, your child's IEP team must consider using Braille as his primary means of communication. The law makes an exception if the IEP team finds that a different means of communication is appropriate for him. 20 U.S.C. § 1414(d)(3(B)(iii).

Who is responsible for Brailling school materials for my child?

The simple answer is that a "qualified" person should Braille the materials. his is what the federal law says, but it does not say what "qualified" means in terms of education or experience. States can set their own qualification standards. California's Education Code has no certification or licensing requirements for Braille transcribers. Some courses (like math, physics, chemistry and geography) may require specialized knowledge or experience. You should insist that your child's school choose a transcriber who has the necessary skills for Brailling texts, maps, graphs, diagrams, charts, and any special terms or symbols used in your child's classes.

Our child has Medi-Care coverage. She needs a communication device. Can her school district refuse to provide it because Medi-Care now pays for these devices?

No. Under part B of the IDEA, state and local education agencies have an ongoing responsibility to provide a FAPE to eligible children with disabilities. These agencies carry out that duty by providing the services set out in the child's IEP.

Augmentative communication devices have long been recognized as an educational benefit under IDEA. If your child needs an augmentative communication device, you must state it in his IEP and his school must supply it. The law allows schools to use available federal and state resources to meet their obligations. That may include use of Medi-Cal services. But the school cannot suspend or postpone delivery of special education services because such resources are also available.

Since 1996, Medi-Cal has become a steady source of funding for augmentative communication devices and services. Access to augmentative communication through Medi-Cal requires a carefully prepared evaluation by a licensed speech pathologist. Without it, Medi-Cal will deny or defer requests until you send them adequate justification. See question 33 of Chapter 10 in this manual. If you face a prolonged delay in obtaining authorization from Medi-Cal, the school must act immediately and buy or rent the device. The school can ask for reimbursement when Medi-Cal approves the device. 20 U.S.C. § 1412(a)(12)(B).

My child is in a private school. Can he get assistive technology from the school district?

Whether your child has a right to get assistive technology from the school district depends on why he is in a private school.

If your child's placement in a private school resulted from a school district decision, then he has a right to a FAPE, just like children who attend public schools. His need for assistive technology to benefit from his private schooling follows the same principle. Each year, when writing a new IEP, his IEP team must consider whether he needs assistive technology to achieve the goals set out in his IEP. If the IEP team finds that an item of technology is necessary, the district must provide it at no cost to you.

But the district may not be responsible if you acted on your own to put your child in a private school. If you did, you have the right to reimbursement of the cost of his schooling and any related services or assistive technology only if a hearing officer or judge rules that:

His school district failed to provide or offer him a FAPE; and
His current placement is in fact appropriate. Burlington Sch. Comm. v. Department of Educ. 471 U.S. 359 (1985).

Thus, if your child is in a private school, and you buy assistive technology for him, you can get reimbursement only if you can show:

that the two conditions above are met; and
that the expense was necessary to help him benefit from his private placement.

The law now requires parents to first inform the district, at either the IEP meeting or by letter, of their concerns. You need to tell the district that you disagree with the proposed placement, that you reject that placement, and that you intend to place your child in a private school at district expense. This prior notice is not necessary under four circumstances:

when the parents are illiterate;
when compliance would endanger the child;
when the school prevents the parents from giving the notice; and
when the district does not notify the parents of their rights. 20 U.S.C. § 1412(a)(10)(C).

If your child could receive a FAPE in a public setting, but you prefer to send him to a private school, the district does not have to meet his individual needs. However, the district has a general obligation to spend a proportionate share of federal Part B funds on your child. The amount is small and would not allow the district to meet every need of every child placed in a private school by a parent.

Our child uses her own talking computer for schoolwork. What rights do we have if the computer is damaged at school?

The law does not require your child's school to assume responsibility for any damage to any assistive technology it does not own. But, OSEP has advised schools to do so if you bought the device for school purposes. Schools cannot compel you to let your child use a family-owned device at school. Your child's school must provide the equipment the IEP team says he needs. OSEP Policy Letter to Anonymous, 21 IDELR 1057 (8/9/94) 34 C.F.R. § 300.6(c). In many cases, schools find that it costs less to pay for repair or replacement than to buy a device.

We would like our child to use the same computers in school as other kids do. What can we do?

More and more schools are making computers part of their general class work. Your child has a right to learn about and benefit from new educational technologies the same as nondisabled students. The root of this right is in IDEA and in anti-discrimination laws such as the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act. Under IDEA, you can use the IEP process to get adequate access for your child. Most of the time, you should be able to write the need for computer access into your child's IEP as a special education service. Or, you could argue that the requirement for least restrictive environment goes beyond sharing classrooms. Thus, inclusive education requires use of the same or similar technologies as your child's nondisabled peers use.

Title II of the ADA and Section 504 provide an even more direct and powerful legal basis for seeking equal access to technologies. Under these laws, people with disabilities have a right to full and equal access to the services of any public program, or any program that gets federal funds. Providing educational technology in schools is such a program. Your child has a right to use and receive its benefits to the same extent as nondisabled children. On October 10, 1997, the U.S. Department of Education issued a memorandum entitled Consenting Access to Educational Technology. That memo, which stresses schools' responsibilities in this area, includes a letter from the Secretary of Education to school districts, as well as a technical guide on how to make educational technologies accessible to students with disabilities. To get a copy of this memo, contact the Clearinghouse on Disability Information at (202) 204-8241. For more information on Title II of the ADA and how you can enforce it, see Chapter 13 in this manual.

IEP TEAM CONSIDERATION OF ASSISTIVE TECHNOLOGY

IDEA '97 requires that IEP teams "consider whether the child requires assistive technology devices and services." This means that all teams need to address whether assistive technology is required for the child to benefit from FAPE. It goes on to suggest that the team needs to determine what type of device(s) and/or service(s) is required to benefit from FAPE. If Assistive Technology is determined by the team to be necessary to provide the child FAPE, it must be provided at no cost to parents. Districts must provide AT necessary to provide FAPE, not necessarily the "best" AT.

However, it is not realistic to assume that IEP teams will consider the 20,000 plus assistive technology devices available for every student. But such considerations should also not be restricted to a handful of assistive technology devices known to the IEP team members. IDEA ‘97 defines assistive technology devices and services as follows:

ASSISTIVE TECHNOLOGY DEVICE: The term "assistive technology device" means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve functional capabilities of a child with a disability.

ASSISTIVE TECHNOLOGY SERVICE: The term "assistive technology service" means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device.

Such term includes -

A) the evaluation of the needs of such child, including a functional evaluation of the child in the child’s customary environment;

B) purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by such child;

C) selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing of assistive technology devices;

D) coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;

E) training or technical assistance for such child, or where appropriate, the family of such child, and

F) training or technical assistance for professionals (including individuals providing education and rehabilitation services), employers or other individuals who provide services to employ or are otherwise substantially involved in the major life functions of such child.

Ideally, IEP teams should consider a full range of assistive technology devices and services that are available to address the developmental, instructional and access needs of students in the following areas:

reading
writing
access to educational programs
math
listening
orientation/mobility/ambulation
study skills
transition
speech/language
daily living/recreation/leisure

Building the partnerships that are essential to success for our children