This document discusses assistive technology (AT) and its legal implications in public schools. It defines AT as any item or equipment that helps improve the functional abilities of students with disabilities. AT services include evaluating student needs, acquiring devices, training students and professionals on device use. The Individualized Education Program (IEP) team is responsible for determining if AT is necessary to provide students a free and appropriate public education (FAPE). Schools must provide AT at no cost to parents if deemed necessary by the IEP team. The Technology Act of 1988 provided funds for states to develop AT training and services to increase IEP team awareness of available devices and services.

1. A. T. Law
Legal implications for assistive
technology in the public schools.
Slides by Janet DeSenzo

2. Assistive Technology Defined
IDEA 300.5: Assistive Technology Device:
Any item, piece of equipment
or product system, whether
acquired commercially off the
shelf, modified, or customized,
that is used to increase,
maintain, or improve
functional capabilities of
children with disabilities.

3. Assistive Technology Defined
IDEA 300.6: Assistive Technology Service:
Any service that directly assists an individual with
a disability in the selection, acquisition, or use
of an assistive technology device. Such term
includes:
A) The evaluation of needs including a functional
evaluation, in the child’s customary
environment
B) Purchasing, leasing or otherwise providing for
the acquisition of a.t. devices
C) Selecting, designing, fitting, customizing,
adapting, applying, maintaining, repairing, or
replacing of a.t. devices

4. Definition of A.T. Services con’t.
d)
Coordinating with other therapies, interventions,
or services with a.t. devices, such as those
associated with existing education and
rehabilitation plans and programs
e)
Training or technical assistance for an individual
with disabilities, or where appropriate, that
child’s family
f)
Training or technical assistance for
professionals (including individuals providing
education and rehabilitation services),
employers, or other(s) who provide services to
employ, or are otherwise substantially involved
in the major life functions of children with
disabilities

5. FAPE: Free AND “Appropriate”
• IDEA requires schools to
provide assistive
technology if deemed
necessary, just as it requires
schools to provide special
ed services and or
modifications to the
regular ed program AT NO
COST to the PARENTS

6. So, who deems it “necessary?”
The IEP Team
- As stated in the 1997 reauthorization of IDEA
It is the responsibility of the
Team to be aware of A.T.
devices and services, or to
secure the services of
consultants to assist with
recommendations

7. How can school IEP teams become
more aware of A.T. services and
devices?
The “Tech Act” of 1988 provided
federal funds to states to develop
training and delivery systems for assistive
technology devices and services. It
required states and territories to develop
statewide, consumer-responsive
programs of technology-related services
for individuals with disabilities of all ages.
This act first defined Assistive Technology
Devices and Services and promoted the
availability and quality of AT devices
and services to all individuals, including
children