5349.01
December 2002

Special Education - Technology Summary

Rights

Special education is instruction that is specially designed to meet the unique needs of students with disabilities at no cost to parents. This includes classroom instruction, home instruction, instruction in hospitals and institutions, vocational education and physical education.

Assistive technology devices (and the services necessary to help a child select, acquire, or use an assistive technology device) are available if your child requires them as part of her special education.

The term assistive technology device means 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. This can include very simple “low-tech” equipment up through sophisticated computers with software that provides for voice input or output, or accommodates your child’s special needs in other ways.

The term assistive technology service means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. This definition can include assessments, selecting and modifying equipment, repair, and training in its use for the child and caregivers, etc.

Assistive technology in special education also includes specialized transportation equipment such as “special or adapted buses, lifts, and ramps.”

When hearing aids and eyeglasses are necessary for your child to receive an appropriate special education program, the school district may provide them.

Any equipment purchased by the school belongs to the school district. If your child moves to another school district, the equipment stays with the district that bought it. The school should allow your child to take the equipment home, however, if he needs it to benefit from his education. For example, he might need it to do homework or to practice communication skills outside the classroom.

The school district is responsible for repairing and maintaining the devices it buys.

School districts may also have to provide assistive technology for students as a reasonable modification or auxiliary aid or service under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973. Students who are not eligible for Special Education under the IDEA (perhaps because they do not fit into one of the defined categories or because their learning problems are not severe enough) may still qualify for assistive technology to allow them equal access and opportunity to participate with non-disabled peers.

Schools get specific funding for students with low-incidence disabilities. These funds may be used to purchase AT. The school district cannot deny devices and services because your child does not meet the low-incidence disability criteria, however, or because the school district has already spent all its low incidence funds.

Process

You should ask to include any necessary special education services, including assistive technology, in your child’s Individualized Education Program (IEP). If you do not know exactly what type of device your child needs, ask for an assessment of your child’s need for assistive technology.

An IEP team develops the IEP. The IEP team must include you as the parent and your child (if appropriate).

The Individualized Educational Program (IEP) is a legal document. The IEP sets out your child’s present levels of educational performance, goals and objectives, special education and related services, placement for each school year, and any assistive technology that your child needs as part of her educational program.

In addition, if your child is blind or has visual impairments, the IEP team must provide for instruction in Braille and the use of Braille. The only exception is when the IEP team determines, after evaluating your child’s current and future needs, that instruction in Braille or the use of Braille is not appropriate for her.

The school district may consider cost in deciding whether to provide a device but only if a less expensive device is also appropriate. Cost may not be a factor if the other choice is not appropriate.

Appeal

If you ask for assistive technology devices or services and the school district denies this request, your child’s IEP team should discuss any disagreements and try to resolve them informally. If you disagree with the proposed IEP, you can file for a due process hearing with the state Special Education Hearing office.

You must send a hearing request in writing to:

Special Education Hearing Office
Institute for Administrative Justice
McGeorge School of Law
3200 Fifth Avenue
Sacramento, CA 95817

When you believe the school district has violated a part of special education law or procedure you (or any other person, public agency or organization) may file a complaint with the California State Department of Education (CDE). Examples of non-compliance could be when the school district does not provide a device that is in your child’s IEP or does not follow time lines for assessment and referral.

To file a compliance complaint with CDE, write to:

Early Intervention Services Summary

Eligibility and Benefits

Early intervention services are available for children from birth through 36 months. This can include any necessary assistive technology and assistive technology services. Protections and rules are similar to those that apply to children under the Individuals with Disabilities Education Act (special education).

The term assistive technology device means 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. This can include assessments, selecting and modifying equipment, repair and training in its use for the child and caregivers, etc.

The term assistive technology service means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. This can include assessments, selecting and modifying equipment, repair, and training in its use for the child and caregivers, etc.

School districts must provide early intervention services to children with solely low-incidence disabilities (visual, hearing, severe orthopedic impairments or any combination of these).

Regional centers have responsibility for early intervention services for children who are regional center clients, or who are at risk of becoming developmentally disabled. This includes those children who are also eligible for special education. An infant with Down Syndrome, for example, would receive early intervention services through the regional center.

Process

Authorization for early intervention services must be made to the regional center or school district. The referral may be made orally or in writing by the parent, a doctor, or any other service provider. A brief letter or phone call describing the child’s needs and making your request for early intervention services is enough to initiate the assessment process.

Once your child is referred to the appropriate agency, that agency:

• Appoints a service coordinator;

• Completes an evaluation; and

• Conducts an Individual Family Service Plan (IFSP) meeting within 45 days.

A multidisciplinary team, including the parent or guardian, develops an IFSP from a multi-disciplinary assessment of the unique needs of the infant or toddler. The IFSP also identifies the services appropriate to meet such needs. The IFSP is evaluated at least once a year. In addition, the family is provided a review of the plan at six-month intervals or more often when needed.

Your child’s IFSP must include necessary and appropriate assistive technology and assistive technology services.

If you disagree with an agency about early intervention services (whether you disagree with the regional center or the school district) you may file for a due process hearing. To start the process, write to:

Office of Administrative Hearings
560 J Street, Suite 300
Sacramento, CA 95814
(916) 445-4926