ASSISTIVE TECHNOLOGY LEGAL ISSUES that influence decision making

The legal mandates of IDEA have significant ramifications for the inclusion of assistive technology devices and services. In this presentation, you will review these IDEA mandates with a discussion of the application to Assistive Technology.

Definition of Assistive Technology Devices … 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 a child with a disability. The term does not include a medical device that is surgically implanted, or the replacement of that device. (IDEA, 2004, Part A, Definitions, 300.5)

Assistive Technology Service 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. (IDEA, 2004, Part A, Definitions, 300.6)

Assistive Technology Service Evaluating the needs; Obtaining/acquiring the device; Providing necessary modification and customization; Training the student to use the device; Training for professionals; Coordinating therapies, interventions, or services with assistive technology; Maintenance, repair, and replacement as needed.

Mandates of IDEA All children with disabilities are entitled to a free and appropriate public education (FAPE) appropriate to their needs.

Application to Assistive Technology: Is assistive technology required for the student to receive FAPE?

Application to Assistive Technology: What is “appropriate” ?

Mandates of IDEA To the maximum extent possible, children with disabilities should be educated with students without disabilities, as close as home as possible, and in the least restrictive environment (LRE).

Application to Assistive Technology: Will assistive technology support participation in the least restrictive environment?

Mandates of IDEA Children with disabilities must be provided supplementary services and aids that permit them to benefit from their education.

Application to Assistive Technology: What training is needed for the student to effectively use assistive technology?

Mandates of IDEA With a parent’s informed consent, a fair assessment must be completed to determine the student’s educational needs.

Application to Assistive Technology: What assistive technology evaluation is needed?

Mandates of IDEA If a child is identified as having exceptional educational needs, an Individualized Education Program (IEP) must be prepared annually.

Application to Assistive Technology: Where is assistive technology included in the IEP? – goals and objectives, – a related service, or – as a supplementary aid or service.

An awareness of these IDEA mandates is only the first step in determining whether or not a student “needs” assistive technology.

School district personnel must be prepared to respond to difficult questions about the need, type,and effectiveness of a variety of assistive technologies to insure that all of their students receive a free and appropriate public education (FAPE).

The End Legal Issues that influence decision-making OCALI/Ohio AT Network, 2007

Ohio AT Network Scope of Work: To support the use of technology at each tier of support that will maximize accessibility to academic content standards to enhance learning. Technology to maximize individual learning technology to improve student performance Academic success for all students The statewide collaborative network provides consistent and comprehensive professional development, technical assistance and product development/dissemination related to the use of technology/assistive technology. Build and sustain capacity to make data-driven decisions regarding the use of technology/assistive technology to maximize learning for all students.