AT in the Law

Federal and state laws are in agreement when mandating the following related to AT in the schools:

• • Definition of AT Devices and Services

  • Consideration of AT Devices and Services

  • Provision [Delivery] of AT Devices and Services

Definition of AT Devices and Services

• • Individuals with Disabilities Education Act (IDEA) 2004 Section 300.5 defines AT as "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 children with disabilities."

  • Further, Section 300.6 defines AT services as "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 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 or technical assistance for a child with a disability or, if appropriate, that child’s family; and

      • (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.

Consideration of AT Devices and Services

• • IDEA 1997 Section 300.346 - As part of the IEP process, IDEA 2004 mandates that the AT needs of students be considered by the IEP team.

  • IDEA 2004 Section 300.105 states that "Each public agency must ensure that assistive technology devices or assistive technology services, or both, as those terms are defined in §§300.5 and 300.6, respectively, are made available to a child with a disability if required as a part of the child’s—

    • • • (1) Special education under §300.39;

        • (2) Related services under §300.34; or

        • (3) Supplementary aids and services under §§300.42 and 300.114(a)(2)(ii).

Provision [Delivery] of AT Devices and Services (IDEA 2004 Section 300.105) On a case-by-case basis, the use of school-purchased assistive technology devices in a child’s home or other settings is required if the child’s IEP team determines that the child needs access to those devices in order to receive free and appropriate public education.