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ASSISTIVE TECHNOLOGY. LEGAL ISSUES that influence decision making. IDEA. - PowerPoint PPT Presentation

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  • ASSISTIVE TECHNOLOGYLEGAL ISSUES that influence decision making

  • The legal mandates of IDEA have significant ramifications for the inclusion of assistive technology devices and services. In this presentation, you will review these IDEA mandates with a discussion of the application to Assistive Technology.

  • Definition of Assistive Technology Devices 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 that device.

    (IDEA, 2004, Part A, Definitions, 300.5)

  • Assistive Technology ServiceAssistive technology service means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device.

    (IDEA, 2004, Part A, Definitions, 300.6)

  • Assistive Technology ServiceEvaluating the needs;Obtaining/acquiring the device;Providing necessary modification and customization; Training the student to use the device; Training for professionals; Coordinating therapies, interventions, or services with assistive technology; Maintenance, repair, and replacement as needed.

  • Mandates of IDEAAll children with disabilities are entitled to a free and appropriate public education (FAPE) appropriate to their needs.

  • Application to Assistive Technology:Is assistive technology required for the student to receive FAPE?

  • Application to Assistive Technology:What is appropriate ?

  • Mandates of IDEATo the maximum extent possible, children with disabilities should be educated with students without disabilities, as close as home as possible, and in the least restrictive environment (LRE).

  • Application to Assistive Technology:Will assistive technology support participation in the least restrictive environment?

  • Mandates of IDEAChildren with disabilities must be provided supplementary services and aids that permit them to benefit from their education.

  • Application to Assistive Technology:What training is needed for the student to effectively use assistive technology?

  • Mandates of IDEAWith a parents informed consent, a fair assessment must be completed to determine the students educational needs.

  • Application to Assistive Technology:What assistive technology evaluation is needed?

  • Mandates of IDEAIf a child is identified as having exceptional educational needs, an Individualized Education Program (IEP) must be prepared annually.

  • Application to Assistive Technology:Where is assistive technology included in the IEP? goals and objectives, a related service, or as a supplementary aid or service.

  • An awareness of these IDEA mandates is only the first step in determining whether or not a student needs assistive technology.

  • School district personnel must be prepared to respond to difficult questions about the need, type,and effectiveness of a variety of assistive technologies to insure that all of their students receive a free and appropriate public education (FAPE).

  • The End

    Legal Issues that influence decision-makingOCALI/Ohio AT Network, 2007

  • Ohio AT NetworkScope of Work: To support the use of technology at each tier of support that will maximize accessibility to academic content standards to enhance learning.The statewide collaborative network provides consistent and comprehensive professional development, technical assistance and product development/dissemination related to the use of technology/assistive technology.Build and sustain capacity to make data-driven decisions regarding the use of technology/assistive technology to maximize learning for all students.

    Technology to maximize individual learningtechnology to improve student performance Academic success for all students

    The legal mandates of IDEA have significant ramifications for the inclusion of assistive technology devices and services. In this presentation, you will review these IDEA mandates with a discussion of the application for Assistive Technology.First we must look at the definition of assistive technology devices that is included within IDEA. The range and types of devices are not specifically listed, but the definition encompasses any device that will increase, maintain, or improve the functional capabilities of a child with a disability. The exclusionary statement for medical devices that are surgically implanted was added to the IDEA definition in the 2004 revisions.The IDEA definition continues to define services related to the selection, acquisition or use of assistive technology devices specific to an individual child.These services include: (click) The evaluation of the needs of a child with a disability, including a functional evaluation of the student in the student's customary environment.(click) Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices for students with disabilities.(click) Selecting, designing, fitting, customizing, adapting, and applying use of assistive technology equipment.(click) Training or technical assistance for a student with a disability or, if appropriate, that students family.(click) 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 that student.(click) Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs.AND(click) Maintaining, repairing, or replacing assistive technology.

    With this definition of assistive technology devices and services in mind, lets review the basic mandates of IDEA and consider the school district responsibilities. IDEA mandates that all children with disabilities are entitled to FAPE, or a free and appropriate public education. It is the responsibility of the IEP team to determine what constitutes a free and appropriate education. This must be done on a case by case basis for each child and included in the students Individualized Education Plan. Within the development of the childs IEP, the team must also consider any needs for assistive technology. The District must ensure that a student with a disability receives the assistive technology devices and services, which are necessary for FAPE. The students IEP team determines the relationship that must exist is between the educational needs and the device or service.Free as related to assistive technology means that the devices and services, if deemed appropriate, must be provided at no cost to the parents

    What is appropriate has been the discussion of debate and litigation surrounding IDEA. In relation to assistive technology, it means an appropriate device or service the child needs to benefit from his/her educational program, an appropriate assessment of needs related to assistive technology, and appropriate training for school personnel and parents on the use of the equipment.

    IDEA states that educating students with disabilities should occur in the regular education classroom whenever possible, or if not possible, in a setting that provides the greatest interaction with the students non-disabled peers.The burden is on the school district to prove that the regular education environment is not beneficial to the student.The school district must also determine if the support of assistive technologies will enable the student to remain in the regular education environment. The implications are that there needs to be district wide awareness of the types of assistive technology devices available and how these might benefit a student in the classroom.

    IDEA further mandates supplementary aids and services that may be needed by a student. The definition of supplementary aids and services includes devices that enhance a childs ability to benefit from educational programming, as well as devices that allow the student to be physically present in the classroom. Assistive technology devices and services may therefore included as supplementary services and aids.

    All personnel working with the student should be trained on the implementation of the assistive technology in the classroom. In order for the device to be effectively used, these significant people must be familiar with the device and ways that it will enable the student to benefit from his/her educational program.

    The term "assistive technology" is not specifically mentioned in the IDEA section titled "Evaluation Procedures," but it does state that the child shall be assessed in all areas related to the suspected disability, including motor abilities, communicative status, and academic performance. An appropriate evaluation related to a childs assistive technology needs may be included in this assessment.

    The evaluation team must be knowledgeable about the specific area of disability and the technology devices and services that may enable the student to benefit from his/her educational program. If the school district does not employ personnel who can properly evaluate the assistive technology needs of the student, it is their responsibility to obtain these services.Likewise, a parents right to seek an independent educational evaluation includes an assessment that will enable an IEP team to determine a students needs for assistive technology. The right to an independent educational evaluation extends to situations where the school neglects to eval