CONNECTIONS

Learning Independence Through Computers, Inc (LINC)

1001 Eastern Avenue, Baltimore, MD 21202




Assistive Technology and the IEP...It's the Law

by Leslie Seid Margolis, Staff Attorney, Maryland Disability Law Center

Since 1990, federal special education law has explicitly included assistive technology devices and assistive technology services as two of the elements that may be part of an appropriate education for students with disabilities. Assistive technology may be a special education service, or a “related service”; that is, a supportive service that is necessary in order for the student to benefit from his or her education. Assistive technology may also be a "supplementary aid or service," which is a service that enables a student to be educated in the general classroom or in the least restrictive environment possible for him or her. Whatever assistive technology is considered to be for a particular student, it must be reflected on the student’s individualized education program (IEP) if the device or service is necessary for the student to make meaningful educational progress.

The federal special education law was reauthorized in 1997, and Congress made a number of significant changes in such areas as IEP development, discipline, and parent involvement. One of the changes requires that in developing an IEP for a student, the IEP team “consider” the stu-dent’s need for assistive technology. This is a significant requirement because it is applicable to every student who receives special education. But what does “consider” mean? It should mean that the IEP team looks at the student’s need for an assistive technology evaluation, the same way that the team looks at the student’s potential need for any other type of service by first obtaining an evaluation. An evaluation is an important step in identifying first, whether or not the student needs assistive technology, and second, if so, what types of technology and services are appropriate. If assistive technology is recommended, it must be incorporated into the student’s IEP.

It is important to think about the purpose of assistive technology for a student. It should not be an end in and of itself, but rather a means to the goal of full participation in the classroom. Assistive technology is a tool. It may be the student’s voice, or the student’s means of writing, or it may support the student’s arithmetic or spelling skills. Therefore, it is important to in- corporate the technology into the student’s IEP and education placement, rather than treating it as something entirely separate from the rest of the student’s education services. For example, if a student uses an augmentative communication device, the IEP might include a goal that by using the device, the student will answer questions in class or the student will present an oral report.

If the student needs assistive technology at home in order to do homework or in order to continue to make educational progress, the school system must allow the technology device to go home with the student or purchase another device for home use.


Workshop at LINC: Assistive Technology (AT) and the Individualized Education Program (IEP)

Presenters: Leslie Margolis, (parent) Staff Attorney, Maryland Disability Law Center
Date: April 10, 2003
Time: 5:00 p.m. - 7:00 p.m.
Fee: Members and nonmembers - free

Please call LINC at 410-659-5462 in advance to register.

Special Education laws have changed significantly over the last few years. This workshop will focus on AT and the IEP. Leslie will discuss the legal definition of AT, assessing for AT, describing AT in the IEP, and who should pay for AT devices and services.


Home LINC Membership LINC Projects LINC Training Calendar
Newsletter Assistive Technology Maryland Resources National Resources Site Map