Guam Legal Services Corporation-Disability Law Center

AT Process, Tips, Precautions Who Chooses Device? Example Cases Factors Other Than Cost AT In The Home Eyeglasses and Hearing Aids AT for Infants AT for Students In Transition GLSC PAAT Program

purpose: better advocate for your child

IDEA- Individuals w/ Disabilities Education Act FAPE- Free Appropriate Public Education IEP- Individualized Educational Plan IEP Team- Admin, Teachers, Parents, 1:1 IDELR- Individuals w/ Disabilities Education Law

Report CFR- Code of Federal Regulations OSEP- Office of Special Education Programs AT Device- increase/maintain capabilities, FAPE

(not med devices for breathing/nutrition/body functions)

Mandatory: IEP Team consider need for AT34 CFR 300.324(a)(2)(v)

AT Evaluation 34 CFR 300.532

Team Determines Yes AT Needed = AT Must be provided at NO COST to parents

34 CFR 300.105

School board cannot unilaterally change IEP Team Decision on AT, even if unusual/ expensive device

Letters to Anonymous,18 IDELR 627 (OSEP 1991)

AT can be ‘special education’, ‘related services’, or ‘supplementary aids’

34 CFR 300.34, 36, 38, 114(a)(2)(ii)

Loading/unloading (strollers): don’t let school say it’s a ‘transportation methodology’ within its sole discretion. It’s educational AT issue, so is subject to IEP Process

Davis Sch. Dist., 18 IDELR 696 (SEA UT 1992).

If child is making academic progress and social gains w/o device, he does not need it to receive FAPE

Bd. Of Educ. OfSmithtown Ctr. Sch.Dist., 22 IDELR 818(SEA NY 1995)

School chooses which particular device is bought as long as it provides appropriate level of educational benefit

Tuscaloosa City Bd. Of Educ.,34 IDELR 83 (SEA AL 2000)

No need to replace w/ easier-to-use device if student able to communicate and making progress

Tuscaloosa

DYNAVOX

-easier to use-more expensive-parent’s choice

Loser

SUPERHAWK

-allows student to communicate-student making progress-school’s choice

Winner!

IDEA does not require that schools provide the best education, just that they provide an adequate education –NY Fed Court

Blake C. v. Dep’t of Educ., State of HI, 593 F.Supp.2d 1199 (D. Hawaii, 2009): IEP must be tailored to child’s unique needs & reasonably calculated to provide meaningful educational benefits

Cost is a consideration, but cannot be determining factor under IDEA

Must be balanced w/ other factor: opportunity to progress

Greenwood county Sch. Dist. #52,19 IDELR 355 (SEA CA 1992).

Parents win

•Make sure AT you request helps rather than hurts child

•Confer w/ IEP Team

Parent requested advanced calculator, lost= blessing in disguise (old calculator made student work through problem, new one gave answer w/ push of a button, taught him nothing)

Sherman and Nishanian v. Mamaroneck Union Free Sch. Dist., 39 IDELR 181(2d Cir. 2003).

•Nothing in IDEA prohibits providing AT inside and outside school

34 CFR 300.105(b)

-IEP Team Decision -Necessary for FAPE(needed for homework)

xmas, summer

Want or a Need? Jefferson County Sch. Dist. R-1,

34 IDELR 212 (SEA CO 2001)

16-year old student w/ dysgraphia, parent asks for take-home computer w/ writing software

School refused, saying student could use computers at school for assignments

School Wins! (take-home computer would be helpful, but is a want, not a need)

Wireless vs. desktop

Reasonable Repairs

IDEA requires school to make reasonable repairsto take-home computer unless unauthorized use

State law governs if parents are liable for loss, theft, damage due to negligent use of publicly-owned property

IDEA definition of AT device comes from Technology Related Assistance for Individuals Act of 1988 (‘new technology and advancements’ ≠ glasses/hearing aids)

Written broadly = wiggle room If glasses/hearing aid/pulmonary nebulizer is

required for FAPE, must be providedLetter to P. Seiler, 20 IDELR 1216Letter to T. Bachus, 22 IDELR 629Letter to Anonymous, 24 IDELR 388

If provided, school must make sure hearing aids function properly

School need not do high expertise AT services (mapping, maintaining, replacing cochlear implants), but must ensure that hearing aid (if provided) or cochlear implant is working properly

34 CFR 300.113, 34(b)(2)(ii)

Service not covered by IDEA if need not be completed during school day/on campus

AT Funding for Preschool (age 0-2): IDEA Part C20 U.S.C. §1431-1444, 34 CFR Part 303

AT Funding for age 3-5: IDEA Part B20 U.S.C. §1419, 34 CFR §300.800-818

All Early Intervention Services, including AT, are provided at no cost to parents (state may opt for sliding scale family payment unless state guarantees FAPE from birth and Guam does)

17 G.C.A. §1901

Part C = payor of last resort (if Medicaid or private insurance can pay, it must)

20 U.S.C. §1440(a), 34 CFR §303.527(a)

IDEA definition of AT includes coordinating AT with Rehabilitation Programs (DVR)

20 U.S.C. §1401(2)(D)

IDEA does not relieve DVR from paying for transition service it would otherwise provide

34 C.F.R. § 300.348(b)

USDOE: if graduating student will clearly need AT for education/training/employment, it’s ‘reasonable, efficient, cost-effective, & advisable’ for DVR to buy it (in 1st instance, or from school)

OSEP Policy Letter to S. Goodman,30 IDELR 611 (6/21/98)

Need for AT will be reflected in IEP (and IPE), w/ reference to DVR as payer

USDOE permits school to transfer AT device (> $5,000) to DVR if will no longer need it for other students, and expects that most AT devices will be modified for individual student and thus no longer needed by school once student graduates

If < $5,000, school may transfer AT device to DVR even if needed for other students

Protection and Advocacy for Assistive Technology:

Outreach to promote awareness in use of AT Advocate need for AT and protect student’s right

to AT devices & services Represent individuals in removing barriers to

obtain needed AT devices

Guam Legal Services CorporationDisability Law Center

Matthew E. Wolff, PADD Staff AttorneyLeslie E. Gatan, PADD Advocate

477-9811/12Mon.-Fri., 8am-5pmClosed on Holidays

matthew.wolff@guamlsc.orgleslie.gatan@guamlsc.org