Assistive Technology and the Law

Welcome back to school. This is my first posting in a long time, I hope to publish more this year.

What are our legal obligations to provide AT? This question is raised fairly often.

• Under the reauthorized IDEA, children with disabilities, ages birth through 21, must be considered for assistive technology use if it is needed in order to receive a free and appropriate public education (FAPE). These AT devices and services must be identified by their IEP team and their use determined within the natural environment; the one in which they will use the device.

• Every IEP Team is now required to "consider" the child's need for Assistive Technology for every child in special education, as part of the new Special Factors requirement in reauthorization of IDEA:

(3) DEVELOPMENT OF IEP-
B) CONSIDERATION OF SPECIAL FACTORS-
(v) consider whether the child requires assistive technology devices and services.

• Consideration
esped: p. 37 Education Accommodations / Special Factors
Consideration is a brief process, one that can take place within every IEP meeting. In order to consider the need for assistive technology, at least one person on the IEP Team must have some knowledge about assistive technology.
When considering a child's need for AT, there are only four general conclusions that can be reached.

1). The first is that current interventions (what ever they may be) are working and nothing new is needed, including AT.

2). The second possibility is that AT is already being used (or there has been a trial with AT) so that we know that it does work. In that case the IEP Team should write the specific AT into the IEP to insure that it continues to be available for the child. When writing AT tools into an IEP, be sure to describe the AT FUNCTION rather than a brand or product name (for example, instead of the brand "AlphaSmart", indicate that a "portable word processor" is needed.)

3). The third possibility is that the IEP Team may conclude that new AT should be tried. In that case, the IEP Team will need to describe in the IEP the type of AT to be tried, including the features they think may help, such as "having the computer speak the text as the student writes".

4). Finally, the last possibility is that the IEP Team will find that they simply do not know enough to make a decision. In this case, they will need to gather more information. That could be a simple process of calling someone for help, or obtaining print or online resources to help better "consider" what AT might be useful. It could also be an indication that the child's team needs to consider a formal evaluation. In this case AT will be further evaluated before a recommendation is made.

TWO FAQ's:

Where do you write Assistive Technology tools and strategies on the IEP? In esped, go to page 41. Materials/Miscellaneous.

Who provides the AT equipment that a student needs? Each situation is different. A student's equipment will often be provided by the school district, however some students will obtain their equipment through private and personal resources.