The Legal Mandate for Providing Assistive Technology

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Federal Legislation and Mandates:
In addition to providing a definition for assistive technology devices and services, the IDEA mandates the school system’s responsibility to provide assistive technology to students with disabilities. The following information is included to provide IEP teams with an understanding of the legal context for providing assistive technology devices and services:

The legal cornerstone for providing assistive technology is found in Section 300.308 in the Federal Register:

(a) Each public agency shall ensure that assistive technology devices and assistive technology devices and services, or both, as those terms are defined in Sections 300.5 and 300.6, are made available to a child with a disability if required as a part of the child’s—

(1)Special education under Section 300.26;
(2)Related services under Section 300.24; or
(3)Supplementary aids and services under Section 300.28 and 300.550(b)(2).

(b) 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 FAPE.
(Authority: 20 USC 1412(a)(12)(B)(I))

Section 300.308 clearly states that the school system is responsible for addressing assistive technology when it is required as a part of the student’s special education services, related services, or supplementary aids and services. Use of school provided assistive technology is not limited to the school setting. Section 300.308 also clearly specifies that school-purchased assistive technology may be made available in the child’s home or in other settings if the IEP team determines that the child requires assistive technology to receive a free and appropriate public education (FAPE).

The inclusion of the statement regarding home use of school-purchased assistive technology has significant implications for school systems. In the past, many school systems have been reluctant to provide technology in the home setting. As a result of this requirement, it is evident that the provision of school-purchased assistive technology in the home setting is the decision of the student’s IEP team. School systems should not develop policies, procedures, or operating guidelines that negatively impact the IEP team’s ability to address and provide for the use of assistive technology in settings other than the school. As more technology is provided in the home setting, school systems will have to address whether or not parents should be held liable for loss of a device or for damage to a device beyond normal wear and tear.

The 1997 re-authorization of the IDEA included the requirement that each IEP team consider a list of special factors in the development, review, and revision of the student’s IEP. The special factors addressed in IDEA are not exclusionary. In fact, several of the factors such as considering braille needs and communication needs of the student are linked to assistive technology while one special factor specifically addresses assistive technology devices and services. The legal reference for considering assistive technology is found in Section 300.346 and is included on the next page:

Consideration of special factors:

The IEP team shall-

(iii) In the case of a child who is blind or visually impaired, provide for instruction in braille and the use of braille unless the IEP team determines after an evaluation of the child’s writing skills, needs, and appropriate reading and writing media (including an evaluation for the child’s future needs for instruction in braille or the use of braille) that instruction in braille or the use of braille is not appropriate for the child

(iv) Consider the communication needs of the child, and in the case of a child who is deaf or hard of hearing, consider the child’s language and communication needs, opportunities, for direct communications with peers and professional personnel in the child’s language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the child’s language and communication mode.

(v) Consider whether the child requires assistive technology devices and services

The special factor regarding braille or instruction in the use of braille is directly related to assistive technology for many students. Many students produce braille using assistive technology. For example, some students produce braille using the Perkins Braille Writer, an assistive technology device, while others use computer-based word processors and braille translation applications to produce computer-generated braille. The special factor regarding consideration of communication needs is also related to assistive technology. Some students with severe communication impairments use augmentative communication devices, a form of assistive technology, to supplement their existing communication skills. Students who hearing impaired or deaf who have communication needs may also benefit from different types of assistive technology to provide access to information presented verbally. For example, some students who are hearing impaired or deaf often wear auditory trainers or other types of assistive listening devices to enhance their access to information that is presented verbally.

The last special factor, consideration of the need for assistive technology devices and services, brings the need for and provision of assistive technology to every IEP team. In order for IEP teams to be able to effectively, address assistive technology devices and services, teams must use a collaborative decision-making process to determine whether or not an individual student requires assistive technology. Information on considering assistive technology needs of students with disabilities is found in subsequent sections of this document.

Section 300.346 also addresses the documentation of assistive technology in the IEP. It states that:
If, in considering the special factors described in paragraph (a) of this section, the IEP team determines that a child needs a particular device or service (including an intervention, accommodation, or other program modification) to receive FAPE, the IEP team must include a statement to that effect in the child’s IEP.
(Authority: 20 U.S.C. 1414 (d)(a))

This section clearly mandates that if the IEP team determines that a particular student requires an assistive technology device and/or service, the IEP must include a statement regarding assistive technology must be included in the IEP. Information on considering assistive technology needs and documenting assistive technology devices and services in the IEP is provided in subsequent sections of this manual.

Additional information regarding assistive technology is included in the Federal Register in the questions and comments section. The following excerpts from the comments are included below:

Assistive technology must address personal needs for assistive technology, access to technology commonly used by other students, and appropriate involvement in and progress in the general education curriculum. (page 12590-12591)

The provision of assistive technology devices and services is limited to those situations in which they are required in order for a disabled child to receive FAPE. (page 12540)

In the interest of not adding paperwork burdens to these regulations, there is no requirement that LEAs document that the IEP team considered a child’s assistive technology needs, or considered a child’s needs and determined that assisitve technology not be provided to the child. (page 12591)

State Rules and Regulations for Special Education:

The State of Georgia Rules and Regulations for Special Education also address the provision of assisitve technology devices and services in section 160-4-7-.19-ASSISTIVE TECHNOLOGY. The rules and regulations are based on the mandates in IDEA discussed previously in this document. They are as follows:

(1) Students with disabilities who require assistive technology in order to receive a free appropriate public education (FAPE) are eligible for assistive technology devices and services.

(a) Assistive technology device. 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 the functional capabilities of students with disabilities.

(b) Assistive technology service. Any service that assists a student with a disability in the selection, acquisition, or use of an assistive technology device. Assistive technology services include: {refer to 34 CRF 300.6}

1. Evaluating the needs of a student with a disability, including a functional technology evaluation of the student in the student's customary environment;

2. Purchasing leasing or otherwise providing for the acquisition of assistive technology devices by students with disabilities;

3. Selecting, designing, fitting, customizing, adapting, applying, retaining, repairing, or replacing assistive technology devices;

4. Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;

5. Training or technical assistance for a student with a disability or, if appropriate, that child's family; and

6. Training or technical assistance for professionals, employers, or other individuals who provide services to employ, or otherwise substantially involved in the major life functions of students with disabilities.

(2) Assistive technology may be provided as a part of the student's special education services, related services, or supplemental aids and services. {refer to 34CFR 300.308}

(3) Each IEP Committee will consider whether or not a student requires assistive technology in order to receive a free appropriate public education (FAPE). Minimal compliance will be indicating the appropriate response in the Consideration of Special Factors sections of the IEP. Assistive technology can also be addressed when considering other factors such as communication needs and instruction in the use of Braille. {refer to 34 CRF 300.346}

(4) An assistive technology assessment may be required if appropriate assistive technology solutions are not known to the student's IEP Committee through the consideration process. This assessment shall be conducted by a multidisciplinary team of professionals knowledgeable about assistive technology devices in the technology areas being assessed. The student and his and her family should also be included in this process. The assessment should result in recommendations for assistive technology devices and services.

(5) If the student's IEP Committee determines that assistive technology devices or services are required for the student to receive FAPE, a statement to that effect must be included in the student's IEP.

(6) If assistive technology is required for the student to participate in district-wide or statewide testing, the need for technology should be documented in the appropriate section of the IEP and provided to the student.

(7) If the IEP Committee determines that the student with a disability requires school-purchased assistive technology at home or in other settings to receive FAPE, the assistive technology must be provided to the student at no cost to the parent. The need for assistive technology in the non-school setting(s) should be documented in the student's IEP. {refer to 34 CFR 300.308}

(8) This rule shall become effective July 1, 2000.

Authority O.C.G. A. 20-2-150; 20-2-152.