Individuals with Disabilities Education Act, 1990 (P.L. 101-476) and 1997 (P.L. 105-17) Although the Tech Act first defined AT devices and services, it was IDEA in 1990 that first outlined the school district's responsibility to provide AT to students with disabilities. IDEA also included the Tech Act's Assistive Technology Devices and Services and a specific statement about the school district's role: [IDEA] 300.308 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 part of the child's (a) Special education under 300.17;
(b) Related services under 300.16; or
(c) Supplementary aids and services under 300.550(b)(2). Taking all of this together, it is clear that the school district, as a public agency, must ensure that both AT devices and services are provided if "required" for the student to receive a free, appropriate public education (FAPE). It is this determination that is often challenging for schools. It falls to the IEP team to determine what, if any, AT is necessary. However, with the 1997 EHA Amendments stating that AT be "considered" on all student IEPs and its recognition that AT may continue to support the student's access to FAPE outside the school environment to a child's home or in other settings, the use of AT is further strengthened. This "consideration" mandate infers that the IEP team has sufficient knowledge of AT devices and services to make this determination. The law is clearly intended to encourage district personnel to learn about what AT works and what doesn't themselves, as they are best equipped to understand the demands of the environment, the time available, or the skills of the personnel in that environment. (Reed, 2000) 
| Civil Rights | Special Ed | AT Laws | | | | | In 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. | | AT devices and services are to be made available to a child with a disability if required as part of the child's | - special education services,
- related services, and/or
- supplementary aids and services,
and a statement of their use and required training must be included on their IEP/IFSP. School districts are responsible for helping children with disabilities select and acquire assistive technology devices and must assist in training the child and the persons who work with the child, how to most effectively use it. This must be determined on a case-by-case basis at no cost to the parents. School districts are developing new policies concerning the use of assistive technology devices and services. Some areas being considered include: evaluation and use of devices, informed consent and the relationship of assistive technology and other technology programs with the current curricula offered and the development of long-range technology plans. In addition, because assistive technology devices represent a significant investment in money and time, school districts need to develop tracking systems, make arrangements for maintenance and repair of devices, investigate sharing/loaning of equipment within single and multiple districts and developing assistive technology assessment teams to work with individual student teams. Mandates and Clarifications Clarity on the use of AT within school districts will happen as the courts continue to define limitations. To date the following statements reflect AT use by students with disabilities: - It is the school district's responsibility (as a public agency) to evaluate, select, acquire and train students and significant personnel in the use of AT devices
- AT devices needed by a student in multiple environments in order to receive a free and appropriate public education (FAPE) must be provided
- AT must be identified on a case-by-case basis
- AT must be provided at no cost to student's parents
Policy Letters The U.S. Department of Education's Office of Special Education Programs (OSEP) has issued several Policy Letters clarifying when a school must provide AT to students with disabilities. A variety of memos have addressed the following concerns: general requirement, evaluations, personally prescribed devices, home use and funding sources. Conclusion In summary, information has been provided on federal legislation as impacting either the services that children with disabilities receive, their educational setting, or both. | Civil Rights | Special Ed | AT Laws | | | | | | National Information Center for Children and Youth with Disabilities (1989, 1996). Assistive Technology. NICHY News Digest. Office of Special Education and Rehabilitative Services (1989). OSERS News in Print, (2)1. Rehabilitation Act of 1973, 29 U.S.C. Section 701-794. RESNA (1992). Technology and the Individualized Education Program. RESNA Press: Washington, DC. U.S. Congress, Public Law 100-407, Technology-Related Assistance for Individuals with Disabilities Act of 1988. U.S. Congress, Public Law 101-336, Americans with Disabilities Act of 1990. U.S. Congress, Public Law 94-142, Education for All Handicapped Children Act of 1975. RESOURCES/LINKSCohen, M.D. of Monahan & Cohen (1998). Comparative Analysis: IDEA, Section 504 and the ADA. Parette, P., VanBiervliet, A, & Hourcade, J.J. (2000). Family-Centered Decision Making in Assistive Technology. Journal of Special Education Technology, 15(1), 45-55.
http://www.unlv.edu/Colleges/Education/ERC/JSET/ Rosenfeld, S.J. (2000). Section 504 and IDEA: Basic Similarities and Differences. Website: http://www.ldonline.org/ld_indepth/legal_legislative/edlaw504.html
S. James Rosenfeld, Esq. Texas Assistive Technology Network (2003)
Providing Assistive Technology: A Legal Perspective WrightsLaw
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