IDEA / Related Legislation
Funding for
Assistive Technology Devices and Services in the Individuals With
Disabilities Education Act (IDEA) of 1997
By Lewis
Golinker, Esq.
Introduction
In late May 1997, Congress passed and President Clinton signed
the Individuals with Disabilities Education Act of 1997 (IDEA),
which updates and amends the IDEA. This paper reviews the provisions
of the IDEA Amendments that may affect students with disabilities
access to assistive technology devices and services.
History
The devices and services we commonly classify as "assistive
technology" have been within the scope of a "free appropriate public
education" (FAPE) since the initial enactment of federal special
education legislation (P.L. 94-142) in 1975. The incorporation of
these devices and services into students' educational programs
significantly predate - by more than a decade - the congressional
coining of the phrase "assistive technology."
Despite what they are now or have been called in the past, there
has never been any justification for schools to refuse to consider,
provide or pay for assistive technology devices or services. The key
to access has always been how the device or service in question is
to be used: the purposes it will serve, not its label. Before the
term "assistive technology" became part of policy discussions,
schools were required to provide computers and other adaptive
equipment, augmentative communication devices, typewriters, tape
recorders, word processors, braille printed materials, auditory
trainers, wheelchairs and other types of devices and services to
students who needed them. In addition, other decisions and policy
letters established some core principles related to assistive
technology device funding.
The best known policy letter concerning school provision of
assistive technology devices and services, is the so-called "Goodman
Letter" (OSEP Aug. 10, 1990). In this letter, the Department of
Education made it clear that schools are prohibited from refusing to
consider assistive technology devices and services as part of the
IEP writing process. However, this was based on the law before there
was any mention of assistive technology devices and services -- it
was issued before the 1990 IDEA Amendments.
Thus, in 1990, the IDEA merely clarified existing law, rather
than adding a new benefit when it added the definitions of assistive
technology devices and services to the statute. In 1992, the
Department of Education clarified the existing definitions of
"special education," "related services" and "supplemental aids and
services" when it promulgated the IDEA regulations. These
regulations made an express connection between assistive technology
devices and services and these three components of a FAPE, special
education, related services and supplementary aids and services.
In the years since the 1990 IDEA Amendments, there have been
additional policy letters and decisions related to use of assistive
technology devices and services. Overall, there has been an ongoing
expansion of use of assistive technology in the public schools.
However, the pace of this growth has been slow and many students
with severe disabilities still do not have access to appropriate
technology because of various unlawful restrictions placed upon
their use by the school district.
School district or statewide policies regarding assistive
technology access are rare. Policies regarding functional goals or
outcomes related to technology use are all but nonexistent, and
school districts continue to excuse their non-use of technology on
cost grounds. Clearly, there is still a long way to go regarding
schools' provision of assistive technology to students with
disabilities.
There was a great deal of concern that Congress might change IDEA
in a way that would make it more difficult for students with
disabilities to access these devices and services. In fact, one
Senator announced his opposition specifically to the assistive
technology provisions of the IDEA, and stated these should be
available only as a school district option rather than as a core
component of a FAPE. Fortunately, this did not happen.
1997 IDEA Amendments
An initial review of the 1997 IDEA Amendments should allay the
concerns of families of children with disabilities concerning
assistive technology. As explained below, Congress appears to have
strengthened the foundations of assistive technology provision by
the nation's public schools.
- Definitions of Assistive Technology Devices &
Services
The 1997 IDEA Amendments make no substantive changes to the
definitions of assistive technology device and assistive
technology service.
Role of Assistive Technology Devices &
Services
As noted above, assistive technology devices and
services have always been incorporated within the concepts of
special education, related services and supplemental aids and
services. This was confirmed in the OSEP "Goodman Letter," and
most recently codified in the IDEA regulations at 34 CFR Sec. 6;
300.308. The 1997 IDEA Amendments do not change these provisions.
AT is not a school district "option," when needed by a student
with disabilities, it must be provided.
- AT Evaluations
The 1997 IDEA Amendments address issues related to the
evaluation and reevaluation of students with disabilities.
Congress expressed concern about unnecessary reevaluation of
students, and requirements that schools generate data that will
not aid in the design or implementation of the students'
educational programs and related services.
However, the provision to increase schools' flexibility to
avoid needless evaluations also can be applied to increase
schools' responsiveness to students' AT needs. For one,
reevaluations are now able to be targeted to areas in which no
existing data about the student exist, which is likely to be the
case regarding AT. Second, because fewer overall evaluations need
to be conducted, schools can be seen as having freed up resources
for AT evaluations.
- Assistive Technology Devices & Services & The
IEP
AT Must Be Considered As Part of Every IEP
At the heart of the "Goodman Letter" and the assistive
technology provision of the IDEA regulations is the expectation
that students' potential to benefit from use of these devices and
services will be considered as part of the IEP writing and review
process. However, the Goodman letter is written as a prohibition:
a school district 'may not refuse to consider... 'A
straightforward, affirmative statement that AT must be considered
in the IEP process has never existed.
The 1997 IDEA Amendments fill that void: there now is a
specific requirement that the IEP team must consider the provision
of assistive technology devices and services when developing the
child's IEP.
Increased Emphasis on Participation in the General Education
Curriculum
The 1997 IDEA Amendments also have provisions that indirectly
will increase the focus on and correspond to the use of assistive
technology. One is a requirement that schools give increased
emphasis toward ensuring children with disabilities are given
access to the general educational curriculum. The House report
states:
The majority of children identified as eligible for special
education and related services are capable of participating in the
general education curriculum to varying degrees with some
adaptations and modifications. This provision is intended to
ensure that children's special education and related services are
in addition to and are affected by the general education
curriculum, not separate from it.
Assistive technology devices and services clearly can increase
the abilities of students with a wide range of disabilities to
access, participate in, benefit from and show progress in the
general curriculum.
Development of Educational Performance Goals
Another provision of the 1997 Amendments that can support
expansion of AT use by students with disabilities is the
requirement that performance goals be established for students
with disabilities, including indicators to judge students'
progress.
The statute does not say exactly what performance parameters
must be addressed by these goals, but one approach may be to
develop goals related to all of the functioning areas that must be
assessed regarding disability classification: health, vision,
hearing, social and emotional status, general intelligence,
academic performance, communicative status and motor abilities. If
this were done, assistive technology devices and services would
become essential tools for students with function-limiting
disabilities to achieve goals related to vision, hearing, writing,
speaking and physical development (strength, flexibility and
endurance). This would be in addition to its role in helping a
wider range of students with disabilities to achieve general
intelligence and academic performance goals.
- Transition Planning
The 1997 IDEA Amendments strengthen schools' transition
planning obligations. The Amendments include a new requirement
that, beginning at age 14, active planning regarding transition
must begin for every student. At that age, every student's IEP
must include a statement of students' transition services needs
that focuses on their courses of study. The purpose of this
provision is to focus school attention on how the student's
educational program can be planned to help achieve a successful
transition years later to adult life. This planning provision is
an augment to, not a substitute for the existing transitional
services requirements.
Learning to use certain AT devices effectively takes many
years, (e.g., a sophisticated AAC device). Therefore, a planning
requirement should exist that provides a specific opportunities
for a parent to insist on the provision of AT. This is to ensure
that of a training regimen is implemented so that the student will
be as capable a user of the device as possible by the time school
exit occurs.
- AT for Vision Impairments
Just as AT must now be considered in all IEPs, the 1997 IDEA
Amendments refer to use of Braille for students who are blind or
visually impaired. Congress will require Braille instruction
unless the IEP committee specifically notes that it is not
appropriate, after evaluation of the child's reading and writing
skills, needs and appropriate reading and writing media. Clearly,
the availability and use of technologies to aid vision impairment
is expected to be considered as part of this appropriateness
determination.
Conclusion
The 1997 amendments to IDEA reinforce and elaborate on a
student's right to AT devices and services. Although the IEP
sections of the Act do not go into effect until July 1,1998, parents
and advocates should reinforce the concepts embedded in the Act when
advocating for AT users.
ACTION STEPS
- If you believe that your child will benefit educationally from
the use of AT, request an evaluation designed specifically to
address AT needs. If you feel that the AT evaluation your child
receives from the school is inadequate, you may request an
independent evaluation at the school district's expense. It is
most appropriate for an evaluation to be conducted in the
environment in which the student will function.
- Make sure that the goals and objectives in your child's IEP
are written so that AT is integrated into all aspects of his/her
educational program. Some of the factors to consider are listed
below.
- Does your child has full access to the device(s) including
appropriate use at home?
- Do you, as the parent need training to improve your ability
to assist your child with the use of the device?
-
- Do your child's teachers, aides, therapists or other school
staff need training related to the device?
-
- Has your child appropriately been considered for extended
school year services based on his/her reliance on the
device?
- Make sure that your child has a detailed, meaningful
transition services plan. Consider the following:
What is your child expected to do after s/he exits
school? How will his/her day be spent: work, school training?
What are the critical skills your child will need to succeed in
the post school setting? Does your child have those skills
now?
- Educate yourself about the type of AT that is available. Can
your child see, hear, speak write, read, manipulate objects and
ambulate in a manner comparable to children and youth without
disabilities? If not, what AT training or other services are in
place to bring your child's functional level and abilities to at
least minimally adequate levels. Contact the state Tech Act
project to find out about technology centers or other
opportunities for learning about AT.
- If you have requested AT and have been denied, contact your
state Protection and Advocacy agency and ask for the AT attorney.
The school district cannot deny payment for a device if your child
needs it to benefit from his/her educational program.
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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