The "IDEA" of Assistive Technology

Author: Denise Lance
Published on: Aug 17, 1999

Assistive Technology and the Individuals with Disabilities Education Act (IDEA)

Although PL 94-142 mentioned "supplementary aids and services," it was not until1 990 that the Individuals with Disabilities Education Act (IDEA) was amended to specifically mandate that schools consider each student’s need for assistive technology devices and services during the IEP process (Chambers, 1997). The term "assistive technology device" refers to "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 the functional capabilities of children with disabilities."

The term "assistive technology service" means "any service that assists a child with a disability in the selection, acquisition, or use of an assistive technology device. The term includes: (a) the evaluation of the needs of a child with a disability, including a functional evaluation of the child in the child's customary environment; (b) purchasing, leasing, or otherwise providing for acquisition of assistive technology devices by children with disabilities; (c) selecting, designing, fitting, customizing, adapting, applying, retaining, repairing, or replacing of assistive technology devices; (d) coordinating and using other therapies, interventions, or services the assistive technology devices, such as those associated with existing education and rehabilitation plans and programs; (e) training or technical assistance for a child with a disability, or if appropriate, that child's family; and (f) training or technical assistance for professionals (including individuals providing education or rehabilitation service), employers, or to other individuals who provide services to employ, or are otherwise substantially involved in the major life functions of children with disabilities."

In 1990, IDEA was amended to mandate that schools consider each student’s need for assistive technology devices and/or services during the IEP process (Chambers, 1997). The term "assistive technology device" and "assistive technology service" were directly taken from the Technology-Related Assistance for Individuals with Disabilities Act of 1988 (PL. 100-407).

If the Individualized Education Program (IEP) team determines that assistive technology (AT) devices and services are required for a student to access appropriate education or would help the student participate in a less restrictive educational environment, they must be provided to the student at no cost to the parents (Chambers, 1997). AT can be listed in the IEP as special education, related services, or supplementary aids and services. The 1997 reauthorization of IDEA requires that a student’s need for AT devices and services must be considered each time a new IEP is written. Schools cannot determine that a student does not need AT and then never consider it again.

As Smith (1998) points out, this new requirement is a major improvement. In the past, AT devices and services were primarily considered at an IEP meeting only when a parent or a staff member forced the issue. If the parents of a student feel that the IEP team did not adequately consider the student’s need for AT or if they disagree with the team’s decision regarding AT, they can seek an independent evaluation at the school’s expense (Goodman, 1996; Chambers, 1997).

In the landmark case, Hendrick Hudson Central School District v. Rowley, the court ruled that Amy Rowley was receiving an appropriate education because she was progressing from grade to grade with above average performance. The court also made clear that the school only had to provide enough for the student to have a reasonable chance to make progress, not the best education possible.

While the language of IDEA and the Rowley decision appear simple, many special educators and related service providers find great difficulty with determining the place of assistive technology within the boundaries of the Rowley standard of providing "some benefit" but not providing for maximum development. In other words, when does assistive technology move from being necessary to being just a luxury?

A closely related question arises when the IEP team considers the wide array of assistive devices available, ranging from low technology to extremely advanced systems. Which assistive devices and services are appropriate for the student?

In summary, the IDEA clearly requires the provision of assistive technology devices and services to students needing them for an appropriate education.. However, the standard used to determine which of the available technologies is the appropriate one for the student to benefit from education is still inconsistent. As Bell and Blackhurst (1997) discovered, few schools have written policies to guide such decisions. Therefore, it is up to parents, administrators, and educators to work cooperatively to see that students receive the assistive technology devices and services to which they are entitled.

References

Bell, J. K. & Blackhurst, A. E. (1997). National survey of state department of education assistive technology policies. University of Kentucky Assistive Technology (UKAT) Project, Department of Special Education and Rehabilitation Counseling

University of Kentucky, Lexington, KY 40506-0001.

Chambers, A.C. (1997). Has technology been considered? A guide for IEP teams. Reston, VA: Council of Administrators of Special Education and Technology of Media Division of the Council for Exceptional Children.

Goodman, S. (1996). Right of independent education evaluation (IEE) to include evaluation of needs for assistive technology [On-Line]. Available: http://www.ucpa.org/atdoc/

Hendrick Hudson Central School District v. Rowley, 458 U.S. 176 (1982).

Smith, D. (1998, March). The right to technology under the law of special education: Advocacy tips special education basics, and assistive technology specifics. Paper presented at the 13th Annual Conference on Technology and Persons with Disabilities. California State University: Northridge, CA. [On-Line]. Available: http://www.dinf.org/csun_98/csun98_092.htm

Turnbull, H.R. (1994). Free appropriate public education. Denver, CO: Love Publishing.