The IDEA, 504, the ADA and Assistive TechnologyBy

Randy Chapman

The Legal Center for People with Disabilities and Older People

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

capabilitiies of a child with a disability.

AT Service

Any service that directly assists 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: 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 us 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.

IDEA

An 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 the 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.

Free appropriate public educaion 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 FAPE

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.

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 requiring special education related services.

FAPE: providing special education and related services.

IEP

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

FAPE: 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, typewriters 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 accommodation, locate class near restroom

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 limiting learning

Monitor/distribute medications as prescribed

Train staff and children and prepare emergency plan

Provide rest time and academic consideration following seizures,

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

Parent who is blind entitled to Braille copies of:

Copies of IEPS Parent handbook Model for requesting due process Information about low cost or free legal

services (35 IDELR 279)

Appeal Procedures

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

procedures first)