Accessing Assistive Technology
Through the IDEA

The Individuals with Disabilities Education Act (IDEA), found in Volume 20 of the United States Code (U.S.C.) at Sections 1400 and following, was enacted in 1975 and is one of the federal laws that authorizes special education and related services, including assistive technology. The federal regulations that help to specify the requirements of the IDEA can be found in the Code of Federal Regulations (C.F.R.) in Volume 34, Part 300.

Special education is instruction that is specially designed to meet the unique needs of students with disabilities at no cost to parents. This includes classroom instruction, home instruction, instruction in hospitals and institutions, vocational education, and physical education.

What are related services?

Related services are supportive services that students need in order to benefit from their special education programs. It is important to remember that education for children with disabilities includes independent living skills and vocational education, not just academics; therefore, a broad range of related services may be required.

Assistive technology devices and the services necessary to help a child select, acquire, or use an assistive technology device are made available, if required, as part of the child's special education or related services (20 U.S.C. §1401(a)(26); 34 C.F.R. §300.308).

What is assistive technology in special education?

Assistive technology in special education refers to any devices or services that are necessary for a child to benefit from special education or related services or to enable the child to be educated in the least restrictive environment. (34 C.F.R. §300.308). The IDEA uses the definition of assistive technology from the Technology-Related Assistance for Individuals With Disabilities Act (Tech Act) of 1988, which was added to the IDEA in the 1990 amendments to the law.

"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(a)(25)).

"The term assistive technology service means any service that directly assists a child with disabilities 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(a)(26).

Assistive technology also includes specialized transportation equipment such as "special or adapted buses, lifts, and ramps." (34 C.F.R. §300.16(b)(14)). An August 1990 Office of Special Education Programs (OSEP) letter interpreted the definition of "related services" to include assistive technology. (16 EHLR 1317, 1990). The letter emphasized 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. See also OSEP Letter, 24 IDELR 854.

Other policy letters and hearing decisions provide further clarification of the types of assistive services that fall within the scope of IDEA's mandate. Assistive devices that have been found to be related services include: an Apple IIe computer (1984-85 EHLR 353:307); auditory training equipment (1986 EHLR 353:307); computer assistance (1986 EHLR 352:144); a computerized communication system (1985-86 EHLR 507:416); a device for loading/unloading students from a bus (18 IDELR 696, 1992); a $7,000 Liberator communication device (19 IDELR 355, 1992); hearing aids (20 IDELR 1216, 1993); calculators, tape recorders and teacher's notes (18 IDELR 1039, 1992); and eyeglasses (23 IDELR 629,1992 and 22 IDELR 1995). These decisions are found in the Individuals with Disabilities Law Reporter (IDELR), formerly known as the Education for the Handicapped Law Reporter (EHLR).

Who is eligible to receive assistive technology under the IDEA?

Children who have disabilities that cause them to need specialized educational services to benefit from education are entitled to receive special education and related services, including assistive technology. Eligible disabilities include, but are not limited to, sensory impairments (i.e., hearing, visual, or speech/language), orthopedic impairments, mental retardation, autism, serious emotional disturbance, other health impairments, specific learning disabilities, or traumatic brain injuries. (20 U.S.C.   §1401(1), (15); 34 C.F.R. § 300.7).

Children who meet these criteria, who are between the ages of three years and 21 years (inclusive), are eligible for special education. Children are eligible for services even if they attend private schools. School districts must write an IEP for children enrolled in private schools or who are home schooled and provide agreed upon special education and related services.

Infants and toddlers younger than three years of age who have developmental delays or who are at risk of developing delays are eligible for early intervention services under Part H of the IDEA. Assistive technology devices and services should be included on the Individual Family Service Plan if they help the child meet developmental needs.

How can students get assistive technology through the school?

Any special education services, including assistive technology, should be included in the student's Individualized Education Program (IEP). In order to begin the process, a request should be made, in writing, to the school, for the assistive technology that the student needs. If it is not known exactly what type of device is needed, simply state what the student's need is. For instance, for a child who has a hearing impairment, the request can say that the child needs help understanding what is being said in the classroom. Needs for assistive technology should be determined along with the student's other special education needs in the IEP process, including placement, transportation, and other related services. The 1997 Amendments to the IDEA require that a school district consider the provision of assistive technology when developing the IEP.

The school district can ask the parents to seek Medicaid or private insurance funding. However, the school district can't require the use of private insurance if the request will be at a cost to the parents, such as a deductible, life time limit on services, or increase in premiums. Also, if the parent is making co-payments to Medicaid which are related to the Medicaid cost incurred, the school district will not be able to require the use of Medicaid funds.

Will the school evaluate the need for assistive technology?

Once a request for assistive technology or other special education services is made, if the school agrees the evaluation is appropriate, a comprehensive evaluation of the child's need for the device or services must de done at no cost to the family. If the parents disagree with the school's finding, they can obtain an independent evaluation. The school district is responsible for the cost of the independent evaluation unless it can show, at an administrative hearing that it requests, that the school's assessment was accurate, complete, and met the proper legal requirements (34 C.F.R.   §300.503 and OSEP Letter, 23 IDELR 565).

What is an IEP and how does it work?

The Individualized Educational Program (IEP) is a legal document that is developed by a team. It contains a special education student's goals and objectives, placement, and related services. The IEP team must consist of the child's parent(s), the student (if appropriate), the student's teacher, and a school administrator. In addition, if may include others who provide services, such as speech and language therapy, occupational therapy, or counseling. Each year, the IEP team must meet to develop a new IEP for the following year, based on the child's progress and educational needs. Assistive technology devices and services should be specifically included in the IEP.

What are the criteria for including assistive technology in an IEP?

The IDEA regulations state that assistive technology can be included in an IEP for three reasons: as part of special education, as a related service, or 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 criterion is that the student needs the assistive technology to benefit from special education.

First, assistive technology may be considered as part of a student's goals and objectives for special education. (34 C.F.R. §300.17). For instance, a student may require the use of a communication device in order to respond to questions and converse with his teacher and classmates. An IEP goal may state: "Using an electronic communication device, John will respond appropriately to questions from teacher and classmates 5 out of 5 times, in each academic subject."

Second, assistive technology may be part of related services. (34 C.F.R. §300.16). In this case, it may be the related service itself or may enable a student to benefit from a related service. For example, a student may need a lift on the school bus in order to ride to school with peers. (18 IDELR 696, 1992.) A related service may also be training or evaluation to help the student use a device. For example, occupational therapy may involve determining correct positioning to use a computer keyboard or a communication device.

Third, assistive technology may be a supplementary aid or service which enables a student to be educated in the least restrictive environment. (34 C.F.R. §300.550(b)(2)). Assistive technology should be considered in order to allow the student to remain in the regular classroom setting before a more restrictive instructional setting is considered necessary. For instance, a listening device which would enable a student with a hearing impairment to participate in general academic classes would be allowable if, without the device, the student might have to be placed in a more restrictive setting.

The 1997 IDEA Amendments emphasize participation in the general educational curriculum and establishing performance goals. The IEP should include goals for the use of assistive technology to achieve these purposes.

What are "transition services"?

Transition services are outcome based services to promote the movement from public school to post school living and activities. Objectives to achieve employment, adult and daily living skills, vocational evaluations, etc. are included as transition services. School districts are required to begin active planning regarding the service needs of young adults to successfully transition from school at age fourteen and include these needs in the IEP. The school district may coordinate these services with other agencies, such as vocational rehabilitation, and ask the other agency to provide and/or fund the services. If the other agency fails to provide the agree upon services, the school district is ultimately responsible to provide the services. The provision of assistive technology and training in the use of devices are appropriate transition services.

Who owns assistive technology that is purchased by the school for a student in special education?

Any equipment purchased by the school belongs to the school district. If the student moves to another school district, the equipment should remain with the district which made the purchase unless it would not be of benefit to any other student or can't be resold.

Can a student take home equipment that is purchased by the school district?

If the student needs the equipment in order to fully benefit from its use and if home use is specified in the student's IEP, it may then be taken home. (18 IDELR 627, 1992). Hearing officers have consistently held that, even though the district owns the device, it cannot limit it's use to school grounds if a student needs the device at home to complete school homework or practice functional skills in non-school environments. The IEP team should discuss arrangements for taking equipment home and determine circumstances when this will be necessary.

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

The school should provide training for the student, family, and school personnel when necessary in order to ensure proper selection and full use of the device. Such training is included in the definition of assistive technology services in the IDEA and must be funded by the school district.

Who is responsible for repairs and maintenance of assistive technology devices?

The school district is responsible for repairing and maintaining the devices that it purchases. Parents and school districts should examine all warranties and maintenance contracts that accompany devices for provisions that may cover these services. Training, repair, and maintenance should be discussed with the school district and arrangements should be agreed upon before the IEP is implemented. The school district should review its property insurance policy to determine what the policy covers and whether it will cover loss or damage at school and at the child's home. The school district may also be required to repair and/or maintain equipment purchased by the student's family if it is used to accomplish objectives on the IEP. (21 IDELR 1067, 1994).

Is cost a consideration in whether assistive technology must be provided to a special education student?

Cost may be a consideration in determining whether to provide a specific device, but only if a less expensive device is also appropriate. In one hearing decision, the hearing officer stated that cost was a factor, yet authorized a $7,000 Liberator communication device for the student (19 IDELR 355, 1992). Cost may not be a factor if the alternative will deny the student access to a free appropriate public education. 

What if there is a disagreement about the need for or type of assistive technology?

The IEP team should discuss any disagreements and attempt to resolve them informally. If the school district denies a request for an evaluation, specific equipment, or services, the parent can file a complaint with the State Department of Education. Personnel from the State Department or contractors with the Department will review a complaint of a violation of the IDEA within 60 days. Often this is the fastest remedy especially when a district's decision is contrary to the statute or regulations, i.e., if the District stated it never purchased communication devices.

The State Department will also pay for and appoint a trained mediator. At mediation, both parties will discuss their position. The mediator will then attempt to get the parties to agree to a solution. That agreement will be put in writing and both parties should abide by its terms.

A due process hearing is a formal procedure before an appointed hearing officer. Witnesses testify and are cross-examined. The Hearing Officer must decide the case within 45 days of the request, unless otherwise agreed. Due process hearings can be stressful for the parents and can be costly to the school district and parents. Consultation with an attorney and careful drafting of the issues should be done before a hearing is requested. Parents can recover attorney fees from school districts if they "prevail" or win on all or some of the issues in the case.

For more information contact: Comprehensive Advocacy, Inc.