Your Local School as a Funding Source for Adaptive Technology

Author:  Kelly Pierce

Special Education Services Provided

It is important to note that all special education
services that could be helpful or beneficial to a
particular child with a disability do not have to be
provided. The courts have placed limits on the
services available. The U.S. Supreme Court, in Board
of Education v. Rail, ruled that a school is not
required to provide the "best" education possible or
one designed to maximize potential. At the same time,
the program must be based on the child's unique needs
and be designed to enable the student to benefit from
the education.

IDEA requires that students receive services in what
it calls "the least restrictive environment." IDEA
aims to provide services and supports so that students
can participate in integrated, mainstream classrooms
with non-disabled students as much as possible.

The student's needs and the services to be provided
are described in a written Individualized Education
Plan (IEP). An IEP is developed at a meeting with a
group of people who are knowledgeable about the
student, including the parents, classroom teachers
and the student, if possible. The parents are
considered "equal participants" with school district
staff members in developing the IEP. The committee
which develops the IEP is sometimes known as a multi-
disciplinary team (as well as a few other terms). I
will call it the IEP committee.
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The IEP Process

The IEP must describe the placement, all special
education services, any supplementary aids or related
services and the schedule under which each will be
provided. The IEP committee reviews the plan once a
year or sooner, if necessary.

Adaptive technology (AT) formally became identified
in IDEA in 1990. IDEA was amended in 1997 to require
that the IEP committee consider adaptive technology at
least once a year in developing a child's education
plan. Also, due to changes IDEA in 1997, it now
requires the teaching of Braille, even if the school
disagrees or the child is being taught how to read
with print.

IDEA defines an adaptive technology device as one
that is used to maintain or improve functional
capabilities of a person with a disability. An "AT
service" is one that assists in the selection,
acquisition or use of an adaptive technology device.
Adaptive technology services include evaluations,
adaptations, maintenance or repair of AT devices.
These services also include training or technical
assistance for teachers and school staff, the student
and, where appropriate, the family.

Remember that the issues involving adaptive
technology and students with disabilities are clearly
at the cutting edge. The AT devices being sought for
students are often items that did not exist even as
recently as a few years ago. The legal requirements
regarding adaptive technology have, in many cases,
emerged only very recently. There are no clear cut
rules that require one thing or another.

An educational process is often needed to bring
everyone involved up to the same level of
understanding. That may include learning about
available products, tech and non-tech options,
available services, approaches to the same problem
being used elsewhere for the same type of disability,
applicable laws and other information which can be
beneficial for parents, students and school staff. The
best results happen not through legal action but
through persistent education and development as well
as exchange of ideas for all involved.

All special education as well as related and
supplemental services must be approved by the IEP
committee and listed in the IEP.

All Requests for special education services,
including adaptive technology, should be made in
writing to the IEP committee. Under IDEA, phone calls
and personal visits with teachers and principals don't
count for much. It is this letter that starts the
referral process to determine what is necessary. In
the end, the IEP committee must approve an AT device,
if it is needed to ensure reasonable educational
progress in the least restrictive setting. Adaptive
technology should be approved, if it will enable a
student to stay in a regular classroom.
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Adaptive Technology Evaluations

Some special education staff members are unfamiliar
with the adaptive technology devices available to
students. Therefore, it is important to obtain a sound
technology evaluation. It might be necessary to go
outside the school system to obtain the evaluation.
Many schools are unfamiliar with the adaptive
technology used by blind persons and those with
disabilities. The IEP committee must obtain, without
charge to the student or parents, an appropriate
evaluation to determine the student's need for
adaptive technology.

If the parents disagree with the school's evaluator
or believe that the evaluation was not appropriate,
they can ask for an independent evaluation at school
expense. The school's special education staff must
then either agree to pay for the independent
evaluation or hold a due process hearing to determine
whether the original evaluation is appropriate under
IDEA.
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When the Student Moves, Graduates or Leaves the School

When the student moves out of the district, graduates
or otherwise leaves school, the general rule is that
the adaptive technology device remains the property of
the school. However, some assistance is available for
the family that moves and leaves a device behind.
Under an interpretation of IDEA by the U.S. Department
of Education, if the new school's IEP committee does
not recommend purchase of the adaptive technology
device and the parents request a hearing, the new
school must provide the device until the case is
resolved.

Some states allow a graduating student to keep the
device after he graduates from school. When the
student reaches 14, the IEP committee can begin to
consider outcome goals following graduation, such as
employment, college, vocational school or independent
living. This transition planning should include a
representative from the state's vocational
rehabilitation system, which provides services for
disabled adults.

Some states and school districts have cooperative
inter-agency agreements that identify how costs will
be shared between the schools and the state vocational
rehabilitation agency and how joint decisions
involving both will be made about adaptive technology.
Be sure to check your local and state policies about
this issue.
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When the Parent Disagrees With the IEP

A parent who disagrees with a proposed IEP can
request a hearing. The parent can be represented by an
attorney or other advocate and can present witnesses
and other evidence to support the appeal. If the
parent wins the hearing or any subsequent
administrative or court appeal, the parent's attorney
may recover attorney's fees as the prevailing party.

The current IEP remains in place during the appeal.
If last year's IEP provided for an adapted computer
and the new IEP eliminates it, an appeal guarantees
that the computer is provided during the course of the
appeal.
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When Someone Doesn't Qualify for Special Education Services

Some students have disabilities that do not meet
eligibility criteria for special education services.
Many of these students still need accommodation and
assistance, including adaptive technology. These
students can get help through Section 504 of the
Rehabilitation Act.

Section 504 requires that reasonable steps be taken
to ensure that students with disabilities have access
to the school's full range of programs and activities.
This includes use of technology and information
devices. In many cases, Section 504 provides for
training, repairs and maintenance.

Section 504 is best suited for those students who can
perform academically without special assistance or
supports in the mainstream but need some type of
equipment to function in the regular classroom. For
example, a student who is a wheelchair user who cannot
sit at a typical desk because it is too low is
entitled to have the height of the desk adjusted or
have another desk provided that can accommodate her
wheelchair.

There are situations where a student with a
disability is not entitled to adaptive technology
through special education criteria but could be
entitled to it under section 504. Consider Larry, a
high school freshman who has a vision impairment.
Larry is able to pass all his courses with a B
average. He would like to use the school's computer
lab that all the other students use but cannot do so
because he cannot read from a conventional computer
screen. Larry and his parents want the school to
purchase and install a software program that magnifies
text and graphics on the screen to eliminate the
barrier caused by his visual impairment.

Under the Board of Education v. Rail criteria, Larry
is arguably not entitled to the computer accommodation
as a special education service because he is able to
benefit from his education without this additional
device. Because section 504 requires access to all
activities and programs and the computer lab is
available to all students, the school must take
reasonable steps to ensure that Larry can have full
access to the computer lab despite his disability.

Schools have developed procedures to determine
Section 504 eligibility. This includes evaluating the
needs of students with disabilities not covered by
IDEA. Schools can use special education procedures and
the IEP to do this. If they don't use the IEP process,
their procedures must include the following:

• A comprehensive, individualized evaluation of
  needs, with regular re-evaluations.
  
  
• Decisions made by a group of people, including the
  parents, who are knowledgeable about the child, the
  evaluation information and the placement options.
  
  
• Written identification of the student's needs and
  services to be provided.
  
  
• Due process rights, including the right to a
  hearing, if the parents disagree. But, unlike IDEA,
  parents do not have the right to an independent
  evaluation at school district expense nor to continued
  services, pending an appeal.
  

Funding for Adaptive Technology in the Home

Adaptive technology and accommodation can not only be
provided at the school but also in the home in some
circumstances. For example, when a student uses a
closed circuit television or another device to magnify
print at school to read and complete assignments, then
providing such equipment at home might be reasonable
in some circumstances, if the student is assigned
homework. The law also provides for training of family
members and regular classroom teachers in the adaptive
technology device.
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Parental Involvement

The staff at the school may have some of the same
questions and dilemmas that you do. Conducting your
own exploration and learning about possible
technological options, products and resources will go
a long way in creating a successful outcome.

How do blind people use a computer or access print
independently through technology? What kinds of
technology assists people with learning disabilities
to access print and express themselves in writing?
Knowing some of these basics can go a long way. Also,
consider connecting with other parents who have a
child with a similar disability. Organizations of
blind and learning disabled parents are great
resources and quite helpful in understanding
appropriate services and potential outcomes.

Much has been written about IDEA, the role of the
parent and the obligations of the school district. I
suggest parents learn about this option in further
detail. See Related Resources and the
Related Links below. Also check organizations for parents
of blind or learning disabled children. In some
cities, training programs are in place to assist the
parent in understanding IDEA and the opportunities it
offers.
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Related Resources

National Organization of Parents of Blind Children

The National Organization of Parents of Blind Children
is a membership organization of parents and friends of
blind children who reach out to each other to offer
vital support, encouragement and information. The
organization also helps parents gain understanding and
perspective through partnership and contact with blind
adults. It has a white cane bank, special interest
networks, an annual Braille reading contest, a Braille
pen pal service and a quarterly magazine. A brochure
is available at:

URL:http://204.245.133.32/brochure.htm

Telephone number: (410) 659-9314.

"Future Reflections" is a magazine for parents and
teachers of blind children. It is published quarterly
by the National Organization of Parents of Blind
Children, a Division of the National Federation of the
Blind (NFB). "Future Reflections" is available in
print and on cassette tape, and a special introductory
book issue is available free from the NFB. "Future
Reflections" covers the issues surrounding blind
children as they grow from birth through college. Each
issue provides resources and information for parents
and teachers as well as a positive philosophy about
blindness. More about "Future Reflections," including
a decade's worth of back issues, can be found at:

URL:http://204.245.133.32/futref.htm.

The Council of Families with Visual Impairment is a
support and resource network for parents of blind
children. It is an affiliate of the American Council
of the Blind. For more information, contact

Roy Ward

Council of Families with Visual Impairment

6212 W Franklin St.

Richmond, VA 23226.

Telephone number: 804-288-0395.

The National Association for Parents of the Visually
Impaired (NAPVI) helps parents fulfill the function as
the long-lasting resource and the only consistent
persons who continually have a child's interest at
heart throughout his or her lifetime. NAPVI is a
national organization that enables parents to find
information and resources for their children who are
blind or visually impaired, including those with
additional disabilities. NAPVI provides leadership,
support and training to assist parents in helping
children reach their potential. The association
provides an information and referral service, has
chapters throughout the U.S. and publishes a quarterly
newsletter. The organization is based in suburban
Boston and can be reached at

National Association for Parents of the Visually
Impaired (NAPVI

P.O. Box 317

Watertown, MA 02272

Telephone numbers: (800) 562-6265 or (617) 972-7441.

URL:http://www.spedex.com/NAPVI/index.htm