The IDEA, 504, the ADA and
Assistive Technology
By
Randy Chapman
The Legal Center for People with Disabilities and Older People
www.thelegalcenter.org
rchapman@thelegalcenter.org
RandyChapmans Ability Law Blog
Randychapman.wordpress.com
Assistive technology device:
Any item, piece of equipment, or
product system, whether acquired
commercially or off the shelf,
modified or customized, that is
used to increase, maintain, or
improve the functional capabilities
of a child with a disability.
AT Service

Any service that directly assists a child
with a disability in the selection,
acquisition, or use of an assistive
technology device.
AT services include:

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Evaluating AT needs of student,
including functional evaluation in
student’s customary environment;
purchasing, leasing or otherwise
providing for acquisition of AT devices;
selecting, designing, fitting,
customizing, adapting, applying,
maintaining, repairing, or replacing AT
devices;
AT services include;

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Coordinating and using other therapies,
interventions, or services with AT
devices such as those associated with
education and rehabilitation plans and
programs;
training or TA for student or, where
appropriate, the family;
training or TA for professionals
(educators, rehabilitation personnel,
employers and others).
Under the IDEA AT can be:



Special education: specially designed
instruction to meet student’s needs.
related services: services student needs
to benefit from special education.
supplementary aids or services: aids or
services provided in regular education
classes or other education-related
settings to enable the student to be
educated with students without
disabilities.
Examples of assistive
technology



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Calculators
large print books
adapted spoons
auditory FM trainer
closed circuit TV
head pointers

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Electronic notetakers
cassette recorders
word prediction
software
adapted keyboards
voice recognition
and synthesis
software
IDEA: AT does not include:


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Medical device that is surgically implanted or
replacement of the device;
School not responsible for post-surgery
maintenance, programming or replacement;
but
School must ensure that external components
are functioning properly.
Hearing Aids

School must ensure hearing aids worn
in school are functioning properly.
IDEA: how to get AT


School Assessment: IEP team must
assess the student’s functional
capabilities and whether they may be
increased, maintained, or improved
through the use of AT devices or
services. [OSEP Letter to Fisher, 23
IDELR 565 (1995)]
Independent assessment.
Individualized Educational
Program

AT is a special
factor, this means
the IEP team must
specifically consider
whether the student
requires AT devices
and services.
IEP team must approve AT
device or service if:

It is needed to
ensure reasonable
educational progress
in the least
restrictive setting.
IEP must include:


the special
education and
related services and
supplementary aids
and services.
Projected date when
services begin and
the frequency,
location, and
duration of services.
Special Issues


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Home use OK if IEP
team determines the AT
is needed at home for
FAPE.
Ownership: AT is school
property, but school
may transfer ownership
to student.
Damage: school can’t
charge parents for
normal wear and tear.
Transition services:



Included not later than on the first IEP
when child turns 16 (earlier if
appropriate)
Postsecondary goals
Transition services (including courses of
study) needed to reach goals.
Transition services

A coordinated set of activities
designed in a:
Results oriented process focused on
improving academic & functional
achievement to facilitate moving from
school to post school activities.
Transition services

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Postsecondary education
Vocational education
Integrated employment (including supported
employment)
Continuing & adult education
Adult services
Independent living, or
Community participation
Transition services

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
Based on individual needs, including child’s
strengths, preferences, & interests and
includes:
Instruction, related services, community
experiences, development of employment &
other post-school adult living objectives; and
Acquisition of daily living skills and provision
of a functional vocational evaluation.
Transition Services

If an agency participating in the
transition plan fails to provide transition
services on the IEP, then the local
education agency must reconvene the
IEP to identify alternative strategies to
meet the transition objectives.
Summary of Performance

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For children who graduate or age out:
Must provide a summary of the child’s
academic achievement & functional
performance;
Includes recommendations on how to
assist child in meeting child’s
postsecondary goals.
Section 504

No otherwise qualified individual with a
disability in the United States …shall,
solely by reason of his or her disability,
be excluded from the participation in,
be denied the benefits of, or be
subjected to discrimination under any
program or activity receiving federal
financial assistance...
Title II of the Americans with
Disabilities Act


Prohibits discrimination by public
entities.
Public entities are State or local
government and any department,
agency, special purpose district, or
other instrumentality of a State or local
government.
ADA Title III Public
Accommodations


Covers places of
education and
elementary and
secondary private
schools, day care
programs.
Nondiscrimination
504/ADA Disability
A person has a physical or mental
impairment that substantially
limits a major life activity.
IDEA
An appropriate education means
providing special education and
the related services the student
needs to benefit from the special
education program. Services
developed and provided through
IEP.
IDEA Disability


Child has an impairment (such as mental
retardation, hearing impairments, speech and
language impairments, visual impairments,
serious emotional disturbance, orthopedic
impairments, autism, TBI, OHI, or specific
learning disabilities), AND
because of having an impairment the child
needs special education and related services.
Free appropriate public
education under 504/ADA
Means meeting the individual
needs of students with disabilities
as adequately as the needs of
students without disabilities are
met.
504/ADA FAPE Requires

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Providing general or special education
and related aids and services that are
designed to meet the individual
educational needs of students with
disabilities as adequately as the needs
of students without disabilities are met.
Means providing accommodations and
auxiliary aids and services.
504/ADA and LRE


Students with disabilities receive services, to
maximum extent appropriate, with students
without disabilities.
Includes nonacademic and extracurricular
activities like meals, recess, counseling
services, transportation, health services,
athletics, recreational activities, clubs or
special interest groups.
IDEA vs. 504/ADA


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Eligibility means having
a condition requires
special
education/related
services.
FAPE: providing special
education and related
services.
IEP


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Requires having a
condition that
substantially limits a
major life function.
FAPE: meeting needs
as adequately as
needs of students
w/o disabilities are
met.
504 Plan documents
accommodations and
services.
General education
responsibility.
Auxiliary aids and services

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Qualified interpreters
notetakers
transcription services
taped texts
readers
videotext displays
television enlargers
talking calculators

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Electronic readers
Braille calculators,
printers, type writers
telephone hand set
amplifiers
closed captioned
decoders
open and closed
captioning
More Auxiliary aids and
services

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Voice synthesizers
specialized gym
equipment
calculators or
keyboards with
enlarged buttons
reaching devices for
library use

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Raised line drawing
kits
assistive listening
devices
assistive listening
systems
TDDs
Asthma substantially limits
breathing
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Modify recess, PE
Provide inhalant
therapy assistance
Administer
medication, as
prescribed
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Develop health care
and emergency plan
Provide rest periods
Remove allergens
Arthritis pain limits performing
manual tasks

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Accommodate
absences for doctor’s
appointments
Modified PE
Assistance carrying
books
Provide modified
eating utensils
Notetaker, taped
texts, lectures
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Assistive technology
for writing:
computer, pencil grip
Supply extra set of
books for home use
Bathroom
accommodations,
locate class near
rest room.
Physical disability that limits
walking, fine motor skills

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Provide assistive
technology
Physical therapy
Assist with carrying
books or lunch trays

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Arrange for use of
ramps, elevators
Relocate classes
Extra time between
classes
Epilepsy: student has periodic
seizures limit learning

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Monitor/distribute
medications as
prescribed
Train staff and
children and prepare
emergency plan

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Provide rest time
and academic
considerations
following seizures.
Provide plan to
makeup work do the
student can catch
up with peers.
Parent who is blind entitled to
Braille copies of:

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copies of IEPs
parent handbook
model for requesting due process
information about low-cost or free legal
services (35 IDELR 279)
Appeal Procedures

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Mediation
Due Process Hearing
CDE Complaint Process
Office for Civil Rights Complaint
Court (usually must exhaust
administrative procedures first)
Severe Discrepancy Standard for LD
No longer required


LEAs no longer required to consider
whether student has severe discrepancy
between achievement and intellectual
ability to determine whether student
has learning disability.
LEA may use a process that determines
how student responds to scientific,
research based intervention (RTI).
Severe Discrepancy Standard for LD
No longer required


LEAs no longer required to consider
whether student has severe discrepancy
between achievement and intellectual
ability to determine whether student
has learning disability.
LEA may use a process that determines
how student responds to scientific,
research based intervention (RTI).
Response to Intervention
(RTI)



Before determining student has LD,
assess performance in general
curriculum
If performance is unsatisfactory, try
interventions (specialized teaching staff,
smaller teacher/student ratios, more
intense programming)
Assess effectiveness of intervention
Severe Discrepancy Standard for LD
No longer required


LEAs no longer required to consider
whether student has severe discrepancy
between achievement and intellectual
ability to determine whether student
has learning disability.
LEA may use a process that determines
how student responds to scientific,
research based intervention (RTI).
Response to Intervention
(RTI)



Before determining student has LD,
assess performance in general
curriculum
If performance is unsatisfactory, try
interventions (specialized teaching staff,
smaller teacher/student ratios, more
intense programming)
Assess effectiveness of intervention
Response to Intervention


Multi-tiered model (usually 3 tiers)
A continuum of programs & services for
students with academic difficulties
Severe Discrepancy Standard for LD
No longer required


LEAs no longer required to consider
whether student has severe discrepancy
between achievement and intellectual
ability to determine whether student
has learning disability.
LEA may use a process that determines
how student responds to scientific,
research based intervention (RTI).
Response to Intervention
(RTI)



Before determining student has LD,
assess performance in general
curriculum
If performance is unsatisfactory, try
interventions (specialized teaching staff,
smaller teacher/student ratios, more
intense programming)
Assess effectiveness of intervention
Response to Intervention


Multi-tiered model (usually 3 tiers)
A continuum of programs & services for
students with academic difficulties
Tier 1:Provide instructional supports
in general education




School personnel screen literacy skills,
academics, and behavior
Teachers implement research supported
teaching strategies
Ongoing, assessment and progress
monitoring
Provide different instruction based on data
from ongoing assessments
Severe Discrepancy Standard for LD
No longer required


LEAs no longer required to consider
whether student has severe discrepancy
between achievement and intellectual
ability to determine whether student
has learning disability.
LEA may use a process that determines
how student responds to scientific,
research based intervention (RTI).
Response to Intervention
(RTI)



Before determining student has LD,
assess performance in general
curriculum
If performance is unsatisfactory, try
interventions (specialized teaching staff,
smaller teacher/student ratios, more
intense programming)
Assess effectiveness of intervention
Response to Intervention


Multi-tiered model (usually 3 tiers)
A continuum of programs & services for
students with academic difficulties
Tier 1:Provide instructional supports
in general education




School personnel screen literacy skills,
academics, and behavior
Teachers implement research supported
teaching strategies
Ongoing, assessment and progress
monitoring
Provide different instruction based on data
from ongoing assessments
Tier 2: If performance lags behind
peers provide more specialized
services in general education




Students receive more intensive research based
instruction, targeted to individual needs
Student progress monitored to determine
intervention effectiveness & needed modifications
Parents informed and included in planning and
monitoring progress
General ed teachers receive support (training,
consultation, direct services) from educators qualified
in implementing interventions & monitoring student
progress.
Severe Discrepancy Standard for LD
No longer required


LEAs no longer required to consider
whether student has severe discrepancy
between achievement and intellectual
ability to determine whether student
has learning disability.
LEA may use a process that determines
how student responds to scientific,
research based intervention (RTI).
Response to Intervention
(RTI)



Before determining student has LD,
assess performance in general
curriculum
If performance is unsatisfactory, try
interventions (specialized teaching staff,
smaller teacher/student ratios, more
intense programming)
Assess effectiveness of intervention
Response to Intervention


Multi-tiered model (usually 3 tiers)
A continuum of programs & services for
students with academic difficulties
Tier 1:Provide instructional supports
in general education




School personnel screen literacy skills,
academics, and behavior
Teachers implement research supported
teaching strategies
Ongoing, assessment and progress
monitoring
Provide different instruction based on data
from ongoing assessments
Tier 2: If performance lags behind
peers provide more specialized
services in general education




Students receive more intensive research based
instruction, targeted to individual needs
Student progress monitored to determine
intervention effectiveness & needed modifications
Parents informed and included in planning and
monitoring progress
General ed teachers receive support (training,
consultation, direct services) from educators qualified
in implementing interventions & monitoring student
progress.
Tier 3: Evaluation by interdisciplinary
team to determine eligibility for
special education





Parents informed of due process rights
Consent obtained for evaluation to determine
special education eligibility
Intensive specialized instruction provided and
additional RTI collected, according to IDEA
timelines (60 days?)
IDEA procedural safeguards apply
NOTE: Parent has right to appeal refusal to
assess or place in special education.