2000 Conference Proceedings
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ASSISTIVE TECHNOLOGY IN SPECIAL EDUCATION
Taymour Ravandi, Staff Attorney
PROTECTION & ADVOCACY, INC.
100 Howe Avenue, Suite 235N
Sacramento, California 95825
Phone: (800)776-5746
1. What is special education?
The Individuals With Disabilities Education Act (IDEA) (20
U.S.C. Sections 1400 and following), enacted in 1975, is the
federal law that authorizes special education and related
services, including assistive technology. California has also
enacted its own statutes which generally parallel the IDEA and
provide the basis for providing services in this state.
California Education Code (Cal. Ed. Code) Sections 56000 and
following. 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.
2. What are related services?
"Related services" are supportive services that students
require in order to benefit from their special education
programs. California calls related services "Designated
Instruction and Services" (DIS). Cal. Ed. Code Section 56363; 5
Cal. Code Regs. Sections 3051 and following. 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. Section
1401(1) and (2); 34 C.F.R. Secs. 300.308 and 300.6.
3. What is assistive technology in special education?
Assistive technology in special education refers to any devices
or services that are necessary for your child to benefit from
special education or related services, or to enable your child
to be educated in the least restrictive environment. 34 C.F.R.
Section 300.308. The term assistive technology and its
definition were added to the IDEA in the 1990 amendments to the
law. This definition provides:
"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. Section 1401(1).
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:
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. Section
1401(2). Assistive technology in special education also
includes specialized transportation equipment such as "special
or adapted buses, lifts, and ramps." 34 C.F.R. Section
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 OSEP, 1990. The
letter emphasized the hallmark of special education law 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. Other
OSEP policy letters and hearing decisions provide further
clarification of the types of assistive services and devices
that fall within the scope of IDEA's mandate. Assistive devices
that OSEP found to be related services include: Apple IIe
computer (In Re Mary H 1984-1985 EHLR 506:325); auditory
training equipment (Cleveland Public School District, EHLR
353:307 OCR 1988); computer assistance (Eldon MO R-1 School
District EHLR 352:144 OCR 1986); computerized communication
system (San Francisco USD 1985-1986 EHLR 507:416); device for
loading/unloading students from a bus (Davis USD 18 IDELR 696,
1992); a $7,000 liberator communication device (19 IDELR 355,
1992); and hearing aids (Seiler, 20 IDELR 1216, 1993). In
addition, a 1992 OSEP letter stated that calculators, tape
recorders, and teacher's notes can be considered assistive
technology. Lambert, 18 IDELR 1039, 1992.
4. 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 (i.e. hearing, visual, or
speech/language) or orthopedic impairments, mental retardation,
autism, serious emotional disturbance, other health impairments
or specific learning disabilities. In addition, children with
traumatic brain injuries are eligible for special education
under federal law. 20 U.S.C. Section 1401(3); 34 C.F.R. Section
300.7. California legislation refers to "individuals with
exceptional needs." Cal. Ed. Code Section 56026 and 5 Cal. Code
of Regs. Section 3030.
Children who meet these criteria who are between the ages of
three years and 18 years, inclusive, are eligible for special
education. Cal. Ed. Code Section 56026(c)(2) and (3).
Individuals between 19 and 21 who are enrolled in or are
eligible for special education programs prior to their 19th
birthdays, and who have not completed their prescribed courses
of study (or who have not met prescribed proficiency
standards), are eligible for special education. Cal. Ed. Code
Section 6026(c)(4).
Children aged three to five years are eligible under the same
criteria as school-age children with the addition of one new
category, called established medical disability. This medical
condition or congenital syndrome must have a high
predictability of requiring special education. Cal. Ed. Code
Section 56441.11.
Infants and toddlers less than three years of age who are
developmentally delayed or at risk of such delay, or who have
low-incidence disabilities (visual, hearing, or orthopedic
impairments and are not otherwise eligible for regional center
services) are eligible for early intervention services under PL
99-457 (Part C of the IDEA/Cal. Gov. Code Sections 95000 and
following).
Regional centers are the responsible lead agencies for infants
and toddlers who are developmentally delayed or at risk of
delay; local education agencies have responsibility for those
who have solely low-incidence disabilities. (See Questions 24
and 25 for assistive technology for infants and toddlers
available through the regional center and the local education
agency). Early intervention services that children receive
through the regional center are generally governed by the rules
and protections of the IDEA, not the Lanterman Act, unless the
children are also identified as developmentally disabled under
state law, in which case they would also be entitled to any
additional benefits of the Lanterman Act.
Educational agencies may also be required to provide assistive
technology for students as a reasonable accommodation under the
Americans with Disabilities Act (ADA) and section 504 of the
Rehabilitation Act of 1973. Students who are not eligible for
special education under the IDEA because they do not fit into
one of the defined categories, and/or because their learning
problems are not severe enough to qualify for special
education, may still receive assistive technology to allow them
equal access and opportunity to participate with non-disabled
peers. (See Question 28 for information regarding students
eligible under section 504 and the ADA.)
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