The IDEA, 504, the ADA and Assistive Technology

Assistive technology device:

Any item, piece of equipment, or product system, whether acquired commercially or off

the shelf, modified or customized, that is used to

increase, maintain, or improve the functional

capabilities of a child with a disability.

AT Service

Any service that directly assists a child a child with a disability in the selection, acquisition, or use of an assistive technology device.

AT services include:

Evaluating AT needs of student, including functional evaluation in student’s customary environment;

purchasing, leasing or otherwise providing for acquisition of AT devices;

selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing AT devices;

AT services include; Coordinating and using other

therapies, interventions, or services with AT devices such as those associated with education and rehabilitation plans and programs;

training or TA for student or, where appropriate, the family;

training or TA for professionals (educators, rehabilitation personnel, employers and others).

Under the IDEA AT can be: Special education: specially designed

instruction to meet student’s needs. related services: services student needs

to benefit from special education. supplementary aids or services: aids or

services provided in regular education classes or other education-related settings to enable the student to be educated with students without disabilities.

Examples of assistive technology Calculators large print books adapted spoons auditory FM

trainer closed circuit TV head pointers

Electronic notetakers

cassette recorders word prediction

software adapted keyboards voice recognition

and synthesis software

IDEA: AT does not include: Medical device that is surgically

implanted or replacement of the device; School not responsible for post-surgery

maintenance, programming or replacement; but

School must ensure that external components are functioning properly.

Hearing Aids

School must ensure hearing aids worn in school are functioning properly.

IDEA: how to get AT

School Assessment: IEP team must assess the student’s functional capabilities and whether they may be increased, maintained, or improved through the use of AT devices or services. [OSEP Letter to Fisher, 23 IDELR 565 (1995)]

Independent assessment.

Individualized Educational Program

AT is a special factor, this means the IEP team must specifically consider whether the student requires AT devices and services.

IEP team must approve AT device or service if: It is needed to

ensure reasonable educational progress in the least restrictive setting.

IEP must include: the special

education and related services and supplementary aids and services.

Projected date when services begin and the frequency, location, and duration of services.

Special Issues Home use OK if IEP

team determines the AT is needed at home for FAPE.

Ownership: AT is school property, but school may transfer ownership to student.

Damage: school can’t charge for normal wear and tear.

Section 504

No otherwise qualified individual with a disability in the United States …shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance...

Title II of the Americans with Disabilities Act

Prohibits discrimination by public entities.

Public entities are State or local government and any department, agency, special purpose district, or other instrumentality of a State or local government.

ADA Title III Public Accommodations Covers places of

education and elementary and secondary private schools, day care programs.

Nondiscrimination

504/ADA Disability

A person has a physical or mental impairment that

substantially limits a major life activity.

IDEAAn appropriate education means providing special education and the related

services the student needs to benefit from the special

education program. Services developed and provided

through IEP.

IDEA Disability Child has an impairment (such as mental

retardation, hearing impairments, speech and language impairments, visual impairments, serious emotional disturbance, orthopedic impairments, autism, TBI, OHI, or specific learning disabilities), AND

because of having an impairment the child needs special education and related services.

Appropriate public education under 504/ADA

Means meeting the individual needs of students with

disabilities as adequately as the needs of students without

disabilities are met.

504/ADA Requires

Providing general or special education and related aids and services that are designed to meet the individual educational needs of students with disabilities as adequately as the needs of students without disabilities are met.

Means providing accommodations and auxiliary aids and services.

504/ADA and LRE Students with disabilities receive services,

to maximum extent appropriate, with students without disabilities.

Includes nonacademic and extracurricular activities like meals, recess, counseling services, transportation, health services, athletics, recreational activities, clubs or special interest groups.

IDEA vs. 504/ADA

Eligibility means having a condition requires special education/related services.

FAPE: providing special education and related services.

IEP

Requires having a condition that substantially limits a major life function.

Meeting needs as adequately as needs of students w/o disabilities are met.

504 Plan documents accommodations and services.

General education responsibility.

Auxiliary aids and services Qualified interpreters notetakers transcription services taped texts readers videotext displays television enlargers talking calculators

Electronic readers Braille calculators,

printers, type writers telephone hand set

amplifiers closed captioned

decoders open and closed

captioning

More Auxiliary aids and services Voice

synthesizers specialized gym

equipment calculators or

keyboards with enlarged buttons

reaching devices for library use

Raised line drawing kits

assistive listening devices

assistive listening systems

TDDs

Asthma substantially limits breathing Modify recess, PE Provide inhalant

therapy assistance

Administer medication, as prescribed

Develop health care and emergency plan

Provide rest periods

Remove allergens

Arthritis pain limits performing manual tasks Accommodate

absences for doctor’s appointments

Modified PE Assistance carrying

books Provide modified

eating utensils Notetaker, taped

texts, lectures

Assistive technology for writing: computer, pencil grip

Supply extra set of books for home use

Bathroom accommodations, locate class near rest room.

Physical disability that limits walking, fine motor skills Provide assistive

technology Physical therapy Assist with

carrying books or lunch trays

Arrange for use of ramps, elevators

Relocate classes Extra time

between classes

Epilepsy: student has periodic seizures limit learning Monitor/distribute

medications as prescribed

Train staff and children and prepare emergency plan

Provide rest time and academic considerations following seizures.

Provide plan to makeup work do the student can catch up with peers.

Appeal Procedures

Mediation Due Process Hearing CDE Complaint Process Office for Civil Rights Complaint Court (usually must exhaust

administrative procedures first)