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Excuse #3: Our Staff Is Not Capable Of Determining Whether A Computer Is Needed & Staff Not Trained To Provide Needed Service

Response: There is an unpleasant irony to schools pleading ignorance in regard to educational methods and techniques. More importantly, ignorance is not a valid excuse under the IDEA.

The underlying premise of the IDEA is that old ways of educating children with disabilities are no longer acceptable. New programs, services, and new ways of thinking are all required. As technology has been developed to enable children with disabilities to be better able to receive and benefit from instruction, the August 1990 OSEP Policy Letter, and the 1990 IDEA Amendments make clear that technology must be incorporated into school programs.

The IDEA also recognizes that to be successful, the instructional staff, the administrative staff, and the staff that provides specialized services all must be aware of these new methods and techniques and be capable of applying them. "Staff development" is a requirement of the IDEA.

For children who will benefit from computer aided instruction, schools must ensure that all staff that will have contact with the child will know how the hardware and software is expected to be used and how it will benefit the child.

It is not necessary or sufficient for the school to require the child to access the computer in a special education class, or in some other out of class setting. It also is not appropriate for the special education or related services personnel to be the only school staff knowledgeable about the child's use of the computer.

These staff should not be delegated unique responsibilities for these children's needs. Instead, using staff development, and appropriate IEP goals development, classroom teachers and aides, as well as related services providers should all be able to address the child's needs, and computer related activities while in the classroom.

Another consideration is that by providing appropriate assistive devices, the child's need for separate classes or pull out services may be able to be reduced. As noted above, integrated education programs will permit children of very different abilities in regular education classes with computer aided instruction as a cornerstone of the children's program.

In addition, if schools do not now have qualified staff, it is clear that children with disabilities do not have to wait until staff is 'brought up to speed.' If school staff is not qualified to conduct an appropriate computer aided instruction evaluation, parents can secure an independent evaluation by a qualified professional at school expense.

If school staff is not currently qualified to select hardware or software, or to provide on-going services to a child who uses a computer, the school can be required to hire a qualified "consultant teacher" or "consultant related service provider" from the community, who will provide instruction to both the school staff and to the child.

By Susan Goodman, Esq.

The opinions expressed herein do not necessarily reflect the position or the policy of the U.S. Department of Education, and no official endorsement by the U.S. Department of Education of the opinions expressed herein should be inferred.

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