Legal requirements

Evaluation:

A group of activities conducted to determine a student’s eligibility for special education.

Assessment:

A group of activities conducted to determine a student’s specific needs.

As stated in 300.105 , each school district is required to ensure that assistive technology devices and services are provided if needed by a student in order to receive a free appropriate public education (FAPE).

Definition of Assistive Technology

300.105 Assistive Technology Each public agency shall ensure that assistive technology devices or assistive technology services or both, as those terms are defined in 300.5 - 300.6 are made available to a child with a disability if required as a part of the child’s

(a) Special education under 300.39;

(b) Related services under 300.34; or

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

(Authority: 20 U.S.C. 1412(a)(1),1412(a)(12)(B)(i))

Definition of : Assistive technology devices and services

300.5 Assistive technology device

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 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 such device.(Authority: 20 U.S.C. 1401(1))

300.6 Assistive technology services

Any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. Such term includes:

(A) the evaluation of needs including a functional evaluation, in the child’s customary environment;

(B) purchasing, leasing or otherwise providing for the acquisition of assistive technology devices;

(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 or technical assistance for a child with disabilities, or where appropriate that child’s family; and

(F) training or technical assistance for professionals (including individuals providing education and rehabilitation services), employers or others(s) who provide services to employ, or are otherwise, substantially involved in the major life functions of of that child.. [Authority: 20 U.S.C. 1401(2))

IDEA 04 - Alternative text formats

300.172(a)(1) Adopt the National Instructional Materials Accessibility Standard (NIMAS), published as appendix C to part 300, for the purposes of providing instructional materials to blind persons or other persons with print disabilities, in a timely manner after publication of the NIMAS in the Federal Register on July 19,2006 (71 FR 41084).

NEW BULLETIN - 1/2019 - WI DPI Bulletin 18-03

IDEA 97 added Consideration of Special Factors

§300.324(a)(2) Consideration of special factors

The IEP Team must–

(v) Consider whether the child needs assistive technology devices and services....

(Authority: 20 U.S.C. 1412(a)(1), 1412(a)(12)(A)(i))

Who provides the assessment?

When there is a specific request for an assistive technology assessment or the IEP Team determines that one is needed, an assessment of the student’s need for assistive technology must be completed.

it is essential that a team of people be involved in any AT assessment.

There are five basic components that must be represented on every team making decisions about assistive technology.

• A person knowledgeable about the student. That may be the student and/or parents or other family members.
• A person knowledgeable in the area of curriculum, usually a Special Education Teacher.
• A person knowledgeable in the area of language, usually a Speech/Language Pathologist.
• A person knowledgeable in the area of motor, often an Occupational or Physical Therapist.
• A person who can commit the district’s resources, not only for purchase of devices, but to authorize staff training and guarantee implementation in various educational settings, usually an administrator.
• There can be any number of additional team members from such backgrounds as:
  • Audiologist
  • Technology Coordinator
  • Counselor
  • Early Intervention Specialist
  • Instructional Assistant
  • Nurse
  • Physician
  • Rehabilitation Engineer
  • Social Worker
  • Teacher of Hearing Impaired
  • Teacher of Visually Impaired
  • Vocational Counselor

This is not an exhaustive list. Each student’s team should be unique, customized to reflect the student’s unique needs. Anyone who has the potential to contribute to the decision-making or implementation can be invited to participate on the team.

Procedures Required

Each school district must have in place a procedure for providing assistive technology assessment. This procedure should include the identification of team members to provide the needed expertise to make an informed decision about assistive technology to meet the student’s identified needs.

Does your district have assistive technology procedures? Where will you look? Who will you ask?