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Special Education Law and Advocacy

Experienced Special Education Attorneys

Assistive Technology Is Worth Fighting For

Cost is one of the most common reasons that school districts are resistant to discussing or providing assistive technology to students with special needs. While this “reason” may be valid, it is not a sufficient legal excuse. Under the current mandate of IDEA, if assistive technology is required to allow a child to access his or here educational environment, and if it is defined in the child’s IEP, the cost of the device is simply not an excuse. Nor can the cost of a device be pushed off onto the parents or their insurance company. The well-known requirement of a Free Appropriate Public Education or FAPE means “free” to the family.

As a practical matter, to increase the likelihood of a successful and non-adversarial exchange on the subject of assistive technology, families should undertake certain preliminary steps.  It will be essential that a professional evaluation be undertaken to decide that the child needs an assistive technology device and how it relates to the child’s educational program. Devices for speech augmentation, for example, may appear to have an obvious connection to the school environment, but the relationship between the device and the child’s educational program should be explained in detail.

Although not a legal requirement, the parents should do some homework regarding assistive technology.  First, the parents should become familiar with the types of devices available. Second, the costs involved and places where a device can be purchased for less should be explored. Third, the parents should consider the possibility that an older, less expensive version of the device will be appropriate for their child at this time; the IEP, however should reflect the fact that as the child’s needs change, newer, more advanced devices will be provided. Compromise in the short term should not be allowed to limit the child’s options over time. Fourth, there are governmental and private grants available to schools for assistive technology, as well as the possibility of private donations of equipment from corporations that can be adapted for the needs of the child. School personnel should be encouraged to seek out these resources. Obviously, investigations into resources can be time consuming, but in the long term, it may create an environment of cooperation, rather than confrontation, at an IEP meeting.

Another prime area of controversy between parents and schools in this area is whether the device can go home with the child at night, on the weekends, and during vacation periods. The simple answer to this issue is that the device goes home if it is necessary to carry out the child’s education plan. Clearly, if the device is a desktop computer, serious thought should be given to the feasibility of moving such a device. However, if a computer is necessary for the child to do his/her schoolwork, then a laptop computer or the purchase of two desktop computers (one for home and one for school) should be considered. The United States Department of Education has spoken quite clearly on this question, but the issue still seems to arise frequently. A related issue that should be addressed in the IEP is the repair and maintenance of the device. This issue is particularly relevant if the device is being used in the home. The IEP should clearly spell out that since the district continues to be the owner of the device, the district remains responsible for all repairs and maintenance, with the exception of willful damage. If special precautions need to be taken regarding the care of the device (e.g., covers, no eating or drinking near the device, etc.) these points should be noted.

Training time on the use of the device is an item that is often overlooked at an IEP meeting. The device is useless unless the staff, family and the child are trained in its use. Some districts will attempt to avoid paying for assistive technology because no one knows how to use such devices. Under IDEA, this excuse is also insufficient. It is extremely important that the IEP specify in detail the amount of time to be spent on training staff, parents and the child. The amount of time specified should allow for additional increments if the allotted training is insufficient. The IEP should also address the areas of the educational program in which the device will be used, and it should specify what training will be required in each area.

Without assistive technology in school, many special needs children may not stand a fighting chance to succeed. Parents need to do their homework and come prepared to advocate for the assistive technology needs of their child. Although assistive technology may be expensive, the payoff for the child who is able to achieve at school is invaluable.

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