Components/Legislation

Components

These guidelines are organized to assist districts in implementing legislative requirements related to assistive technology.

Each component consists of a specific section of the law. Then it gives an interpretation of each section, including guidelines that will help to organize, support and promote the effective use of assistive technology for students with unique needs. And next it gives the educational implications of each, providing an outline to develop procedures, clarify the need for a plan to dedicate resources, and assist in developing a hierarchy of activities to carry out the law in an efficient and effective manner.

Evaluating: The evaluation of the needs of a child with a disability, including a functional evaluation of the child in the child's customary environment.

Acquiring: Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by children with disabilities.

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

Coordinating: Coordinating and use of other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs. 

Training: Training or technical assistance for a child with a disability or, if appropriate, that child's family.

Training or technical assistance for professionals (including individuals or rehabilitation services, employers, or other individuals who provide services to employ, or are otherwise substantially involved in the major life functions of children with disabilities. 

Legislation

The following material is reproduced from the Individuals with Disabilities Education Act Amendments of 1997 (IDEA ‘97). Legislation is cited following each excerpt.

Assistive Technology

(a) Each public agency shall ensure that assistive technology devices or assistive technology services, or both, as those terms are defined in Sections 300.5-300.6, are made available to a child with a disability if required as 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 Sections 300.28 & 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.

From the Individuals with Disabilities Education Act Amendments of 1997 (IDEA ‘97) P.L. 105-17, Section 1412 (a) (23) (B) (i)

Definition of 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.

From the Individuals with Disabilities Education Act Amendments of 1997, (IDEA ‘97) P.L. 105-17, Section 1401 (1).

Definition of 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. The term includes:

(a) the evaluation of the needs of a child

with a disability, 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 children with disabilities;

(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 and technical assistance for a child with a disability, or, if appropriate, that child's family;

(f) 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 that child.

From the Individuals with Disabilities Education Act Amendments of 1997 (IDEA ‘97) P.L. 105-17, Section 1401(2).

IEP Consideration of Special Factors

The IEP Team shall:

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

From the Individuals with Disabilities Education Act amendments of 1997 (IDEA ‘97) P.L. 105-17, Section 1414(d) (3) (B) (v).

Infants and Toddlers with Disabilities

Early Intervention Services - The term "early intervention services" means developmental services that include:

(xiii) assistive technology devices and assistive technology services.

From the Individuals with Disabilities Education Act Amendments of 1997 (IDEA ‘97), Part C P.L. 105-17, Section 1432 (4) (E) (xiii).

Contact Information

Consultant: Rosanne Burden
Tel: 269-471-7725 ext. 1197
Fax: 269-471-0314
rosanne.burden@berrienresa.org
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