An assistive technology (AT) device is 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 students with disabilities.[1] Assistive technology does not include a medical device that is surgically implanted in a person.
Assistive technology service means any service that directly assists a student with a disability in the selection, acquisition, or use of an assistive technology device.[2] It includes:
- Evaluating the needs of a student 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 students with disabilities;
- Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing or replacing 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 student with a disability or, if appropriate, that student’s family; and
- 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 the student.[3]
The list of items or services which can constitute AT under IDEA is quite broad. As a general rule however, school districts are not responsible for providing personal devices such as eyeglasses or hearing aids that a child with a disability requires unless however the child’s IEP Team determines that the child requires such personal device to access or benefit from their education and receive a free and appropriate education (FAPE). In that instance, the district must pay for the personal device at no cost to the student’s parent/guardian/other education rights holder.[4]
Medication, however, has specifically been excluded from consideration as an AT or service.[5] OSEP has stated that AT encompasses both a disabled student’s own personal needs for devices (for example, electronic note takers, cassette recorders, computers, etc.), as well as access to general technology devices used by all students. Therefore, if an eligible student is unable, without a specific accommodation, to use a technology device used by all students, the agency must ensure that the necessary accommodation is provided. Further, districts must ensure that students, teachers, and other personnel receive the necessary in-service instruction on the operation and maintenance of technology.[6]
- 34 C.F.R. Sec. 300.5; Cal. Ed. Code Sec. 56020.5.[↩]
- 34 C.F.R. Sec. 300.6; Cal. Ed. Code Sec. 56020.5.[↩]
- 34 C.F.R. Sec. 300.6; 5 C.C.R. Sec. 3051.19.[↩]
- Office of Special Education Programs (OSEP), Letter to Bachus, 22 IDELR 629 (OSEP 1995); Letter to Seiler, 20 IDELR 1216 (OSEP 1993); see also Fed. Reg. Vol. 71, No. 156, p. 46581, 8/14/06.[↩]
- 64 Fed. Reg. 12540 (3/12/99).[↩]
- 64 Fed. Reg. 12540 (3/12/99).[↩]