IEP Teams Must Consider Assistive Technology Devices and Services

Pursuant to 34 C.F.R. § 300.324(a)(2)(v), IEP teams must consider assistive technology devices and services when they are developing a child’s IEP.

34 C.F.R. § 300.324(a)(2)(v) specifically states:

(a) Development of IEP—

(2) Consideration of special factors.

The IEP Team must—

(v) Consider whether the child needs assistive technology devices and services.

34 C.F.R. § 300.5 defines technology device:

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 the functional capabilities of a child with a disability. 

34 C.F.R. § 300.6 defines assistive technology service:

300.6 Assistive technology service.

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. The term includes—

(a) The evaluation of the needs of a child with a disability, including a functional evaluation of the child in the child’s customary environment;

(b) Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by children with disabilities;

(c) Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices;

(d) Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;

(e) Training or technical assistance for a child with a disability or, if appropriate, that child’s family; and

(f) Training or technical assistance for professionals (including individuals providing education or rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of that child.

Technology Is a Game Changer

Technology is more than the computers students struggled with during COVID online learning. It is something with the potential to provide access to, and positively change the experience of, education.

This could be an iPad loaded with software, which allows a child to take a picture of a worksheet on which he or she can type answers instead of writing them. It could be a device that “speaks” for a child. It could be a pen that records a lecture while a student takes notes, and then syncs to that exact section of the audio for ease of access when the student reviews a specific note. It could be “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 the functional capabilities of a child with a disability.” 

Guidance Released After COVID-Closures Started

September 30, 2021, United States Department of Education (USDOE) issued a guidance document that addresses some of the issues related to the use of technology to access education. The document, Return to School Roadmap: Development and Implementation of Individualized Education Programs in the Least Restrictive Environment Under the Individuals with Disabilities Education Ace, includes the following:

• Considering the Assistive Technology Needs of a Child with a Disability
When developing, reviewing, or revising a child’s IEP, the IEP Team must consider whether the
child needs assistive technology devices and services. 34 C.F.R. § 300.324(a)(2)(v). As a result
of the COVID-19 pandemic, some children with disabilities and their families may have, for the
first time, used assistive technology devices and services as part of the child’s access to FAPE.
Challenges with ensuring equitable access to technology and Wi-Fi connectivity during this time
may have affected whether and how the child received appropriate services to support skill
development and progress toward attaining the child’s IEP annual goals.

Question C-1: For LEAs that provided laptops or other technology devices or services to some or all children to facilitate virtual instruction, must they continue to provide such devices or services for a child with a disability who is returning to school for in-person instruction?

Answer: It will depend on the child’s needs. As noted above, each child’s IEP Team must consider whether the child needs assistive technology devices and services as part of the determination of special education, related services, and supplementary aids and services that are needed to enable the child to receive FAPE. 34 C.F.R. § 300.324(a)(2)(v). For some children with disabilities, the continued provision of these devices or services will be appropriate to ensure the provision of FAPE.

Under IDEA, an 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 the functional capabilities of a child with a disability. 34 C.F.R. § 300.5. In this circumstance, the IEP Team should review the child’s use of the laptop computer or other such device that was provided for virtual instruction, along with information provided by the parent and others, including the child, as appropriate. If the IEP Team determines that the laptop or other technology device is an assistive technology device that the child requires in order to receive FAPE, the LEA must provide the necessary assistive technology device. The IEP Team has discretion in determining the type of assistive technology that the child needs in order to receive meaningful educational benefit. In addition, the IEP Team may consider the need for other devices that were not previously provided, if they are needed to ensure FAPE.

The IEP Team also must consider whether the child requires assistive technology services as defined under 34 C.F.R. § 300.6. Generally, the assistive technology service directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device.

This could include evaluating the child’s needs, including a functional evaluation of the child in the child’s customary environment; purchasing, leasing, or otherwise providing the necessary assistive technology device(s); selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices; and coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs. One component of assistive technology services is training or technical assistance for a child with a disability or, if appropriate, that child’s family. The IEP Team could also consider whether parent counseling and training should be provided as a related service under IDEA to help the child’s parent acquire the necessary skills that will allow them to support the implementation of the IEP, including the assistive technology device. 34 C.F.R. § 300.34(c)(8).

Question C-2: What steps can SEA and LEA leaders take to ensure equitable access to assistive technology devices, services, and connectivity to Wi-Fi to support the learning of children with disabilities?

Answer: Circumstances related to the COVID-19 pandemic exacerbated existing difficulties with equitable access to technology and digital learning for all learners. Barriers to access include factors such as the price of procuring services and devices privately (e.g., home internet service and mobile data); lack of broadband access in rural areas; and lack of parent understanding and familiarity with use of technology, including assistive technology to support their child’s learning.

With the recent influx of Federal funds, particularly those under the American Rescue Plan Act of 2021 (ARP Act), Congress specifically authorizes SEAs and LEAs to purchase educational technology (including hardware, software, and connectivity) for children who are served by the LEA that aids in regular and substantive educational interaction between children and their classroom instructors, including low-income children and children with disabilities, which may include assistive technology or adaptive equipment. Section 2001(e)(2)(K) of the ARP Act. See also Question C-19 of the Department’s Frequently Asked Questions on the Elementary and Secondary School Emergency Relief (ESSER) Programs and Governor’s Emergency Education Relief (GEER) Programs (May 2021 FAQ). Additionally, under Section 2014(a) of the ARP Act, Congress provided supplemental IDEA Part B and Part C funds for Fiscal Year 2021 to States and LEAs. These funds may also be used to address technology needs of children with disabilities.