Transcript ASSISTIVE TECHNOLOGY LEGAL ISSUES that influence decision making The legal mandates of IDEA have significant ramifications for the inclusion of assistive technology devices and services.

ASSISTIVE
TECHNOLOGY
LEGAL 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 Service
• Assistive 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 Service
• Evaluating 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 IDEA
• All 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 IDEA
• To 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 IDEA
• Children 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 IDEA
• With a parent’s informed consent, a fair
assessment must be completed to
determine the student’s educational
needs.
Application to Assistive Technology:
• What assistive technology evaluation is
needed?
Mandates of IDEA
• If 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-making
OCALI/Ohio AT Network, 2007
Ohio AT Network
Scope of Work: To support the use of technology at
each tier of support that will maximize accessibility to
academic content standards to enhance learning.
•
Technology to maximize
individual learning
technology to improve
student performance
Academic success for
all students
•
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.