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)