Assistive Technology in K-12 Schools
Q: What is Assistive Technology?
A: Assistive Technology (also known as AT or adaptive technology) is defined in several federal laws (Assistive Technology Act, Individuals with Disabilities Education Act (IDEA), the Rehabilitation Act of 1973 and the Developmental Disabilities Assistance and Bill of Rights Act) to include both assistive devices and the services needed to make meaningful use of those devices.
Q: What are assistive technology (AT) devices?
A: An AT device is any item, piece of equipment or product system that is used to aid (increase, maintain or improve) the functional capabilities of an individual with a disability. Examples of AT devices that might be appropriate in schools include accessible software, computers, and augmentative communication devices, as well as many "low tech" devices.
Q: What are assistive technology (AT) services?
A: An AT service assists an individual with a disability in the selection, acquisition, and use of an AT device. AT services can include an evaluation of an individual's needs, assistance with selection and purchasing of a device, coordination with existing educational or rehabilitation services, and training or technical assistance. In some instances, training related to the use of the AT device will be appropriate for parents and/or family members of a student with a disability.
Q: What is an Assistive Technology (AT) evaluation?
A: An AT evaluation is an assessment by a competent medical or assistive technology specialist to determine whether your child will benefit from the use of AT in school. In addition, the AT professional should determine the specific AT device that will be most appropriate for your child considering his or her educational goals.
Q: How do I know if my child needs an AT evaluation?
A:Under the Individuals with Disabilities Education Act (IDEA), schools must provide AT devices, services (such as customization, repair, and training), and evaluations at no cost if those items are necessary for the student to receive a free, appropriate public education (FAPE) in the least restrictive environment.
At the very least, the school and IEP team (which includes parents) are required by state and federal law to consider AT devices when developing, reviewing, or revising each child's IEP. If there is a question about the appropriateness of AT for a student, the IEP team should notify you that they believe an AT evaluation is appropriate and arrange to have the evaluation completed.
However, even if the school does not recommend such an evaluation, your child should probably receive an evaluation if you or a health professional believes that he or she is likely to benefit from using AT during the school day or when participating in activities related to their educational goals--such as completing homework. Talk with the team members about your concerns and request that they consider an AT evaluation. The request should also be made in writing as soon as possible because the development of an appropriate IEP may depend on information from an AT evaluation.
Q: Who pays for an (AT) evaluation?
A: When an AT evaluation is recommended by the IEP team, the school will pay for it. It is not so straightforward when a parent requests an AT evaluation if the school has already determined that it is not necessary. Parents have the right under IDEA to get an independent AT evaluation and the school must consider the information gleaned from the evaluation. However, this does not mean that the school will pay for the cost of the AT evaluation or any recommended AT device and/or services. If they believe that the evaluation was unnecessary -- in other words, there was no possibility that AT was appropriate and that their assessment was adequate--they may not legally be obligated to pay. If a parent gets an independent evaluation and submits it to the school for payment, the school may pay or, more likely, will refuse payment. In that case, the parent will have to pursue remedies through mediation and/or due process proceedings.
Q: What are my options if the school refuses to conduct or pay for an AT evaluation?
A: It usually works most effectively if you approach the subject of AT in the spirit of cooperation, offering to work with the school on an appropriate IEP that includes necessary AT. Informal negotiations with the school administration or IEP team are usually the best place to start. Parents should offer to work together with the IEP team to reach a mutually agreeable solution, and be sure that the request for an AT evaluation has been clearly heard. If your child's special education teacher agrees that an AT evaluation is needed, enlist the help of that teacher to petition the rest of the IEP team or the school administration on your behalf. You should stress that an AT professional is the best person to determine whether AT is needed and what type of AT will be most appropriate.
However, if you are meeting resistance, you may request an independent educational evaluation (IEE) of your child by an AT professional. Once requested, the school district must within 15 days either challenge the need for an IEE at a due process hearing or agree to provide the IEE at no cost to the parents. Your request for an IEE should be sent in writing to the school district's special education director or the person designated to receive these requests. Even if the school district does not pay for an IEE and prevails at the hearing, you may still schedule an IEE at your own expense. IEP teams and school district must consider the results of independent evaluations when taking further action regarding the students. Whether paid for by the school district or parents, however, the IEE must meet the school district's criteria for an evaluation. To find out what criteria an IEE must meet, please contact your school district's special education director. The school district can also provide you with a list of referrals
If informal negotiations do not work and the school district or IEP team refuses to consider AT or an AT evaluation in the development of your child's IEP (and you do not want to pay for an evaluation that may not be reimbursed by the school district), you have two other options for appeal: 1) to request mediation with the school, and 2) to request a due process hearing.
Q: What does mediation involve?
A: You or the school may request mediation at any time, including before or after a request for a due process hearing is filed. Mediation requires the voluntary participation of both the parents and the school district to negotiate a resolution with the help of a neutral mediator. Mediation may be less costly and time-consuming than a due process hearing.
In Washington, requests for mediation services may be made verbally or in writing to the state Office of the Superintendent of Public Instruction (OSPI). Mediation is provided at no cost to parents. To request mediation or for more information, please contact:
Sound Options Mediation and Training Group, L.L.C.
Administrative Agents for the Office of Superintendent of Public Instruction
P.O. Box 11457
Bainbridge Island, WA 98110
(800) 692-2540 or (800) 833-6384 (Washington State)
(206) 842-2298 (Seattle area)
(206) 780-5776 (FAX).
Washington State Relay Service
(800) 833-6388 (TTY)
(800) 833-6384 (Voice).
Related Mediation Links:
OSPI's Mediation Information, http://www.k12.wa.us/specialed/mediation.asp
Sound Options Mediation and Training Group, L.L.C., http://www.somtg.com/
Consortium for Appropriate Dispute Resolution in Special Education,
http://www.directionservice.org/cadre/index.cfm
Q: How do I go about requesting a Due Process Hearing?
A: If you decide not to try a voluntary mediation with the school district, you may request a due process hearing and have an administrative law judge determine whether your school must provide AT devices, services, or an evaluation. To request a due process hearing, send a request in writing to the school district superintendent. You should send the written request by certified or registered mail or hand delivered to the superintendent. You will be contacted once the request has been received and assigned to an administrative law judge.
Due process hearings can be complicated for non-lawyers, and parents should, if possible, consult with an experienced advocate or attorney before deciding to start this process. The due process hearing will be at no cost to parents, but the services of an advocate or attorney representing the parents may or may not be paid for by the school district, depending on who prevails at the hearing.
Q: What role can parents/guardians play in the decision-making process about a child's AT use at school?
A: Parents must be invited to be members of their child's IEP team. The IEP team meets at least once a year to discuss placement, transition, and annual goals for every student that receives special education services. As members of the IEP team, parents have the right to provide input on their child's need for AT, to request evaluations, and to help set educational goals. If your child is served by a §504 Accommodation Plan, you should also be involved in the planning of the services--including any AT--provided to your child.
Q: Are personal devices like eyeglasses or hearing aids also considered AT?
A: Yes, hearing aids and glasses are examples of AT. However, just because these devices are AT, does not mean that schools will pay for them. Under Section 504 of the Rehabilitation Act of 1973 (§504) and the Americans with Disabilities Act (ADA), these items are considered "personal" devices and are not AT that a school would be legally obligated to provide. In other words, a school does not have to provide these personal types of AT devices to a student on a §504 Accommodation Plan. However, school districts may be required to provide devices like hearing aids or eyeglasses to a special education student if such devices are identified in a child's IEP and are needed for that child to benefit from the educational program.
Q: What should an IEP say about the AT device or service?
A: Once the IEP team determines that a child requires the use of an AT device in order to receive a free, appropriate public education, the IEP should specifically describe the AT device together with specific goals for use of the technology. The IEP team must also consider any AT services the child will need to make use of the device, including necessary training. The IEP should specifically describe all support services that will be necessary, including training and support for general education teachers and classroom aides to ensure that they know how to use the technology. Repair and maintenance of the AT device should also be considered by the IEP team. In addition, depending on how the AT will be used by an individual student, training may also include parents or other family members. Parents can play a valuable advocacy role here by reminding schools that the obligation to consider AT services includes more than simply an evaluation.
Once the device has been specified in the IEP, it should be provided as soon as possible. If a school district unnecessarily delays in the provision of required devices or services, parents should keep written records of any communication, and may pursue mediation or a due process hearing.
Q: My son is almost 16 years old and we will soon be attending an IEP meeting to determine what transition services are needed. Can I request that my son use his AT device at his community-based employment setting?
A: The short answer to this is Yes. IEPs for students age 16 and over must include a statement of the "needed transition services." These services should promote movement to post-school activities like higher education, employment, or independent community living. All transition services should reflect the student's preferences and interests, and may include instruction, community participation, and development of any necessary post-school skills like daily living or vocational skills. AT is often a vital component of successful transitioning from school to the community and his transition goals should consider any AT devices or services that are needed to meet those goals.
Because the focus of transition services is not on the special education classroom, but on participating in the community, your son's AT needs may be different during transition than during the classroom experience. If your son requires the use of an AT device to take advantage of community experiences, then the IEP team must consider AT and other supports the student will need. This may be an appropriate time to get an updated AT evaluation.
Q: What are my options if I disagree with the IEP team recommendations for AT?
A: As discussed above, parents should first try informal negotiations with the IEP team. If the team cannot reach a mutually acceptable agreement, parents may request an independent evaluation, mediation or a due process hearing to challenge a school district's decision.
Q: My child's AT device works great at school, but will the school allow us to take it home?
A: A school district must permit a child to use school-purchased AT devices at home or in other settings if the IEP team determines that the child needs access to the device outside of school to receive an appropriate education. For example, the child may require use of the device to complete homework assignments or participate in employment related experiences in the community.
Q: If the school's AT device is damaged at home, who pays to repair it?
A: Parents cannot be charged for normal wear and tear on an AT device that the school provides at no cost. However, parents may be liable for loss, theft, or damage due to negligence or misuse of the publicly-owned device at home or in other settings.
Q:If our family owns an AT device, is the school liable if it is damaged at school?
A: The school may be responsible for the damage depending on the circumstances. If the AT is included on the IEP of the student--i.e., the school recognizes that the AT is necessary for the child to benefit from public education--then the school is responsible for ensuring that the student gets the AT. When parents "voluntarily" provide necessary AT for the student's use during the school day, which sometimes happens when schools are slow to provide the AT or the parents mistakenly think it is their responsibility, the school should cover the cost of repair or replacement of any family-owned AT devices if necessary for the child's IEP to be implemented.
Q:The school district placed my child in a private school because they could not provide the needed services at our local public school. The school district currently pays for our son's tuition. Are they also responsible for paying for the AT?
A: The answer to this question depends on whether the AT is necessary for the child to benefit from public education--i.e., if the AT is included on the IEP. If it is, then yes, the school must provide the AT in the private placement. When the school district voluntarily places a student in a private school (or a court finds that the parents had to resort to private school because the district was not providing a free, appropriate public education), the district becomes liable for the cost of tuition and any related services needed by the student, just as if the student was in public school.
Q:We voluntarily chose to send our child to private school and we currently pay for our child's tuition. What services or reimbursements can we receive for our child's AT and special education needs?
A: Under the 1997 Amendments to IDEA, children who are unilaterally placed in a private school are entitled to special education services, but the services may be limited to a proportionate share of federal IDEA dollars. No local or state funds are required to be spent. Parents of children in private schools should contact the school district's director of special education to discuss the possibility of reimbursement although the amount of any such funding is likely to be quite small. There may be special restrictions if the private school has a religious affiliation; for example, Washington state regulations prohibit the provision of special education services or related services on the site of a private parochial school.
One option to consider is enrolling the student part-time in a public school. Part-time students are eligible to receive any course or ancillary service that is available to full-time students. Ancillary services can include AT, although the school may require such services to be provided on public school grounds.
Q:Our child is home-schooled. Does the school district have any responsibility to provide AT devices or services at our home?
A: School districts are generally not required to provide AT or special education services to students whose parents choose to home-school. However, if a student attends public school part-time, then that student may take courses or receive any ancillary services that full-time public school students would receive. "Ancillary services" can include special education and AT. The school district does not have to provide those services at your home, but may limit the services to the time when your child is at the school.
Public schools also have no obligation to provide any instructional material (including AT) for home school use. However, a school district may agree to loan, rent, or sell school materials or equipment whether or not a child is enrolled.
Q:Can a school district charge parents for assistive technology?
A: Parents cannot be charged for any AT that is required for the child to benefit from the educational program. School districts must provide students with free special education and related services as written on the IEP. Parents should only have to pay incidental school fees that would be normally charged to all students.
Q:Can the school district require parents to obtain outside funding for AT devices, either through Medicaid or private insurers?
A: No. Parents cannot be asked to pay for special education services or related services such as AT. However, schools may seek funding from other sources such as Medicaid and Vocational Rehabilitation. In Washington State, schools are required to seek reimbursement from Medicaid, or they risk losing part of their state funding. If an AT device is considered "medically necessary," the 1997 Amendments to IDEA will consider Medicaid to be the "payor of first resort." However, the state educational agency is still held ultimately responsible to ensure that the student gets the AT and so if Medicaid is resistant, the student should not be denied the devices and/or services he or she needs. In this case, the school should purchase the AT, provide it to the student, and continue to seek reimbursement from Medicaid.
It is important to remember that parents are not required to participate in Medicaid and children's rights to special education and related services do not depend on parental consent. Parents must consent before a request for reimbursement may be made.
In addition, parents cannot be forced to use private health insurance if they would face an increase in premiums or loss of their insurance policy, out-of-pocket expenses like deductibles (school districts should pay these) or a decrease in annual or lifetime coverage.
For more information on funding for AT in Washington State, see
http://uwctds.washington.edu/funding%20manual/index.htm