1. “iPads, iPhones…iCaramba!”: Evaluating and Providing Assistive Technology in the Digital Age Cynthia S. Buechler Buechler & Associates, P.C. 3660 Stoneridge Road, Suite D-101 Austin, TX 78746 attorneys@buechlerlaw.com

2. 1. What is assistive technology? The federal law defines both assistive technology services and assistive technology devices. Specifically, the law defines AT as follows: 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 a child with a disability. The term does not include a medical devise that is surgically implanted, or the replacement of such device. 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.

3. The term includes: The evaluation of the needs of such child, including a functional evaluation of the child in the child’s customary environment Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by such child Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs Training or technical assistance for such child, or, where appropriate, the family of such child Training or technical assistance for professionals (including individuals providing education and rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of such child. – 20 U.S.C. § 1401(1), (2)

4. 2. Is an assistive technology evaluation required? Although the statute doesn’t specifically state an assistive technology evaluation is required, in order to determine what assistive technology is appropriate for a child, an AT assessment needs to be conducted.

5. 3. Who conducts the AT evaluation? The AT evaluation needs to be conducted by someone that has experience with assistive technology. If the school is seeking to determine what devices would enhance communication, a speech language pathologist should assist in determining the appropriateness of the device. If handwriting is a concern, then an occupational therapist would be appropriate to provide input to the evaluation.

6. 4. Must the district have consent before conducting an AT evaluation? Yes. Whenever the district is seeking to assess a child separate from the general populace, the district needs to obtain written consent for evaluation.

7. 5. Once the evaluation is completed, what must be done? The evaluation needs to be considered by the ARD committee. If assistive technology is recommended, the ARD committee must decide what AT will be provided and put that in the IEP.

8. 6. Does the ARD committee need to specify a brand, such as an iPad? No. The ARD committee should not specify a brand. It should describe the type of device and what characteristics it should have in the IEP.

9. 7. If there are low tech options and high tech options, does the school have to provide the high tech option? The ARD committee is required to provide what is appropriate for a student. It depends on the child’s needs and the level of the child’s disability. For example, if a child does not have the dexterity to use a tablet or the tablet would cause the student to stim on the device, it would not be appropriate to use the higher tech option.

10. 8. The parent is seeking to have a specific type of device for the child. Is the district obligated to provide it? Under IDEA, the ARD committee is obligated to provide what is appropriate for the student in order for the student to receive FAPE. The parent may make such a request, but the ARD committee is not required to provide it unless it is necessary for the student to receive FAPE.

11. 9. Can an AT screening be done during the FIE? Depending upon the suspected disability(s), a screening could be appropriate. However, the more significant the child’s needs, a full AT evaluation would be warranted.

12. 10. Can the parent request an IEE for assistive technology? Yes. A parent can request an IEE for assistive technology. The district would either need to pay for the IEE in accordance with its IEE criteria or defend its own AT evaluation.

13. 11. Is the district required to provide cochlear implants? No.

14. 12. Is the district required to provide eyeglasses? No. However, the district should attempt to help the parent to access resources to get the eyeglasses if the parent is financially unable to get the eyeglasses.

15. 13. The parent is insisting on a specific device for communication. Does the District have to provide it? The district is responsible to provide the appropriate AT devices for the student to receive FAPE. The district is required to consider the request, but is not required to provide the specific device if the student can receive FAPE without the device. Remember that a request for a certain device for communication may also be made under Title II. If such a request is made, the district must complete a separate Title II analysis.

16. 14. If the student is using the AT device at school, can the student take it home? If the ARD committee determines that the student requires the device at home in order to receive an appropriate program, then the device could be taken home. For example, if the student uses a laptop for writing assignments, then the student would need the device at home to complete assignments that require writing.

17. 15. Can the parent insist on a specific software to use with the child? No. As previously indicated, the parent’s requests need to be considered, but the ARD committee does not specify the specific software. Rather, it describes the characteristics the software should have.

18. 16. The speech therapist has recommended a multimodality approach to a student’s communication needs. The parent wants to discontinue working on verbal communication since the child is difficult to understand and wants the school to focus exclusively on using an AT device for communication. What should the school district do? While parental input is important, the ARD committee is responsible for doing what it thinks is appropriate for the child. It is important to rely on the speech language pathologist’s recommendations since the speech therapist has the expertise in this area.

19. 17. Who is responsible for the maintenance of the AT? The district is responsible for the maintenance of its AT devices.

20. 18. Who is responsible for training the student on the device? Clearly, the district is responsible for training the student on how to use the device. The staff also need to be trained on the device.

21. 19. What if AT evaluation found that the student would require a device and the district did not provide the device? The district would not be providing FAPE since its own evaluation recommended the device in order to receive FAPE.

22. 20. The student is making good grades in every class. However, the parent believes the student would perform better with his own tablet with voice recognition software. What are the school’s obligations? Under the IDEA, the purpose of AT is to allow the student to receive FAPE. If the student is performing well without an AT device, the district is not obligated to provide the AT device to greater enhance the student’s performance.

23. 21. Should there be goals and objectives for AT? Goals and objectives may be appropriate depending on the AT. For example, if a student is going to be using an augmentative communication device to communicate, an objective would be appropriate that would include the use of the device to communicate.