An assistive technology (AT) device is used to maintain or improve the functional capabilities of a student with a disability. An assistive technology service assists in the selection, acquisition, or use of an AT device, and incorporates evaluations, modifications, maintenance, and repair of devices, as well as training for the student, family, and school personnel to use them.
Funding for AT
Medicare: Under Medicare Part A, AT devices or services may be covered if considered medically necessary while inpatient at a hospital or skilled nursing facility. Call 1-800-MEDICARE, or visit www.medicare.gov.
Medicaid: Medicaid may purchase, rent, or lease various types of assistive devices for beneficiaries as “durable medical equipment.”
Internal Revenue Service (IRS): The IRS allows full or partial deductions for certain assistive technology devices. Call 1-800-829-1040 or visit www.irs.gov.
Division of Vocational Rehabilitation Services (DVRS): DVRS will often pay for assistive technology if it will enhance the worker’s ability to prepare for, get, or maintain a job. Call 1-866-871-7867 or (609) 292-5987, or visit http://lwd.dol.state.nj.us/labor/dvrs/content.
The Commission for the Blind and Visually Impaired (CBVI): CBVI may fund low and high technical aids and appliances. Call (973) 648-2324 or visit www.nj.gov/humanservices/cbvi/home.
Schools and Educational Systems: Local school districts may pay for devices when necessary for a child to function in the classroom. Parents, in turn, must be prepared to demonstrate how a device will enhance their child’s ability to obtain an appropriate education in the least restrictive environment possible—the legal requirement under the Individuals with Disabilities Education Act (IDEA). Under IDEA, each public school child receiving special education and related services must have an Individualized Education Program (IEP), describing the goals set for the child for each school year, as well as any special supports needed to help achieve them. Including a detailed justification for the purchase of one or more assistive products in a child’s IEP can frequently successfully rationalize the school’s funding of them.
Q: What does the law require?
The Individuals with Disabilities Education Act (IDEA) mandates that assistive technology devices and services be taken into account and provided by local school districts for each student, as appropriate and necessary. As part of the Individualized Education Plan (IEP) process, consideration must be given to the question of whether these devices and services are essential for a student to receive a free, appropriate public education. Any and all special education services that a student is entitled to—including AT devices and services—must be funded by the school district and not the students or their families, unless it is the family’s choice to do so, and may not be denied the student by boards of education, school districts, and child study teams based upon cost alone. If, however, two different devices are recommended that would each make possible the achievement of a student’s IEP goals and objectives, the child study team may choose the less expensive device.
Q: How can parents and educators ensure that a child’s IEP addresses assistive technology devices and services?
Once assistive technology devices and services have been properly considered for a student, the next step is to obtain additional verification to determine that he or she does in fact need them. To do this, the child study team should arrange an evaluation of the student by a qualified professional. If parents disagree with the results of the evaluation, they have the right to request a second, independent evaluation at the school’s expense. When this process is completed to everyone’s satisfaction, the resulting recommendations should state the need for assistive technology devices and services, as appropriate and necessary. The child study team must then list these on the student’s IEP and fund their purchase, and include detailed descriptions of AT devices and services, training, maintenance, and any repair, as well as the student’s use of the devices. Finally, if it will help the child, school personnel and family members will be provided training. All needs must be addressed in the IEP.
Q: What if parents disagree with what is proposed for their child?
If parents do not agree with the child study team or their child’s IEP, or if the school district refuses to provide assistive technology devices, first, they should informally discuss the matter with the child study team and other district personnel. Next, if the parents still differ, they may request mediation, during which an impartial mediator, a parent, and a school district representative—and perhaps legal representation—will resolve differences.
Then, the trained mediator will recommend potential solutions. Finally, if this method does not settle the conflict, parents may request a due process hearing—a more formal, trial-type proceeding before a judge—at which parents can represent themselves, or bring an attorney or advocate, and present witnesses and evidence and cross-examine the school district’s witnesses. Parents may appeal the judge’s decision in court if unsatisfied.
Q: Can a child bring the device home?
Even though assistive technology devices are owned by the school, students may use them outside the classroom or school property, whenever necessary, to achieve the completion of IEP goals and objectives. For example, if an IEP calls for the use of an assistive technology device so a student can execute his or her homework assignments, the student may bring the device home at any point.
Q: What happens in transition?
Consideration of a student’s need for assistive technology devices and services should continue during transition, and must inform the child’s IEP. Transition begins at 14 years old, and the plan should identify appropriate adult service providers and encourage a working relationship with those agencies. If a student will need to continue to use an assistive technology device, parents may ask the school to transfer ownership or sell the device to the adult service provider. This prevents any gap in services between the special education system and the adult service system.
Q: What if my child or student with a disability is not classified?
A child with a disability who does not require special education as a result of it would not be protected under IDEA’s eligibility requirements. However, he or she would be protected by the law under Section 504 of the Rehabilitation Act, guaranteeing the protection of individuals on a much broader scale, and prohibiting discrimination in providing educational services to students with disabilities whether they are enrolled in regular or special education.
©2012, reprinted with permission from Disability Rights New Jersey (http://www.drnj.org/atac/?p=63)
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