Legal Requirements for Assistive Technology Devices, Services, and Evaluations in IEPs

Overview

• Assistive technology (AT) helps children with disabilities by compensating for their difficulties.
• IDEA mandates IEP teams to consider AT needs but often fail to assess these needs adequately.

Recent Developments

• On January 22, 2024, the U.S. Department of Education issued new guidance to ensure AT is considered in IEPs.
• A brochure titled "Myths and Facts About Assistive Technology Devices and Services" was published to clarify schools' responsibilities.

Importance of Assistive Technology

• AT helps:
  • Reduce disparities in equity and accessibility
  • Adapt learning experiences
  • Improve outcomes and develop skills
  • Prepare children for the workforce and post-high school life

Definitions

• Assistive Technology Device: Any item to improve functional capabilities of children with disabilities.
• Assistive Technology Service: Services aiding in selection, acquisition, or use of AT devices.

AT Services Include:

• Evaluations
• Purchasing and leasing
• Customizing and maintenance
• Coordination with other therapies
• Training for children, families, and professionals

Assistive Technology Evaluations

• Request evaluations from IEP teams if AT is needed.
• Evaluations should be included in the IEP at no cost, conducted by specialists.

Assistive Technology Training

• IDEA requires training for children, teachers, and families to use AT devices.
• Training needs to be part of the IEP.

Universal Design for Learning

• New materials should accommodate diverse learning styles, including those with disabilities.

Negotiating AT Services with Schools

• Cost should not be a factor in considering AT services.
• If not authorized, request appropriate administrators for meetings.

Further Resources

• Strategies for negotiating AT-related issues are available, authored by Dave Edyburn, Ph.D.