Assistive Technology and Schools

Assistive Technology (AT) is a device or services that help people with disabilities increase, maintain, or improve their abilities.

When it comes to AT and a student with disabilities, there are rules the schools and families need to know.

An AT device is any item, piece of equipment, or system that is used to increase, maintain, or improve the functioning of a student with a disability.

Examples of AT devices include:

• computers and specialized software
• augmentative communication devices, including tablets
• adaptive switches
• books on tape or other formats
• auditory equipment
• standing devices and gait trainers
• specialized transportation equipment like adapted buses, lifts, and ramps

Schools do not have to provide AT that is surgically implanted.

An AT service is any service that directly helps get or use an AT device. For example:

• an evaluation to determine what AT is appropriate
• purchasing, leasing, adapting, or repairing AT
• training for the student, staff, or other people involved in the student’s educational program, like employers 

School districts have to give students with disabilities a Free Appropriate Public Education (FAPE). This means that if a student with a disability needs AT in order to get an appropriate education and have equal access, the school district has to make the AT available to the student.

There are 3 main laws that give students with disabilities the right to use AT in public schools:

1. The Individuals with Disabilities Education Improvement Act (IDEA). Under IDEA, school districts have to provide special education and related services. School districts have to provide AT to students if the AT is needed for the student to benefit from the educational program. Students in special education services have the greatest access to AT in schools.
    
2. Section 504 of the Rehabilitation Act. This prohibits discrimination in regular and special education against students with disabilities. AT may be required as a “reasonable accommodation” under a 504 plan. A reasonable accommodation is when a school makes changes to their buildings or their rules so that a student with a disability can have equal access to education and space.
    
3. The Americans with Disabilities Act (ADA). School districts have to provide reasonable accommodations to students with disabilities and provide devices and services, so a student can communicate. These are things like: interpreters, closed captioning, or large print materials.

A student with a disability that greatly impacts a major life activity may be eligible for a 504 plan even if they don’t qualify for special education.

Schools have to make reasonable accommodations for all students with disabilities when the disability greatly impacts one or more major life activity. These are things like, caring for oneself, doing manual tasks, walking, seeing, hearing, speaking, breathing, learning, or working. A 504 Plan may include AT devices and services.

Schools districts also have to provide AT as a reasonable accommodation if the student needs it to have access to educational programs or physical space.

Note: The rest of this fact sheet is information for students who are eligible for special education services. If your child is not eligible for special education but you think (s)he may be eligible for a 504 plan, talk to an advocate or contact the MN Disability Law Center for more information or help.

Before a student can get special education services, there has to be an evaluation to determine if the student is eligible. The evaluation also identifies the student’s educational needs.

The evaluation is done by a team from the school district. Parents or guardians and the student are part of the team. The team creates an Individual Education Program (IEP). For students under age 3, the IEP is called an Individual Family Service Plan (IFSP). The IEP lists the special needs of the student, goals and objectives that will help the student make progress, accommodations, related services, and supplementary aids and services.

For any student in special education, the IEP team must consider if the student needs AT devices and services.

The IEP team decides what AT the student needs. If the team has questions about what AT is needed, they can do another evaluation. An evaluation for AT can be done at the time of the initial evaluation for special education services or can be done later if the student’s needs change. The team decides who will do the evaluation. If a school district does not have qualified staff to do it, the district must contract with an experienced person from another public or private organization. It can’t be any cost to the parent.

Yes. A student already using AT must be able to use that AT during evaluation or testing. For example, a student who uses a communication device or a pencil grip must have access to those devices during any testing.

The evaluation must be completed within 30 days.

If you do not agree with an evaluation done by the school district, you can ask for an outside evaluation. The school district has to pay for it. This request should be made in writing to the case manager or district representative on the team. If the school district refuses to do an outside assessment, they have to start a hearing to prove the evaluation was appropriate and complete.

Parents can use their health plan or pay for an evaluation by an outside independent person. The IEP team must consider the recommendations from the outside evaluation. But the school district doesn’t have to follow those recommendations unless the IEP teams agrees and puts them in the IEP.

For all students in special education, the IEP team must look at if the student needs AT devices and services. There are several sections of the IEP that may include AT:

• annual goals
• short-term objectives
• the list of supplementary aids and services
• the list of related services the student needs 

If AT is needed for a student to benefit from special education, the school must provide it at no cost to the student or family. School districts may charge a fee to students with disabilities if it is a fee charged to ALL students, like a lab fee for computers.

School districts can use other sources of funding as long as there is no cost to the student or family. Other funding sources are:

• Medical Assistance
• the student’s private health plan
• Vocational Rehabilitation Services
• State Services for the Blind
• private community resources and foundations

Schools have to ask parents for permission to access a health plan (health insurance).

Note: Using a private health plan could cause an increase in premiums or count against the family cap, which would be an indirect cost. Parents can refuse to let a school district go through a health plan.

If the school district buys a device using the student’s Medical Assistance or private health plan, the student owns the device. The IEP team decides how the device is used at school. But the student can take the device home after school and on weekends, holidays, and summer vacations.

If the IEP team decides that the student needs AT, the district must provide the AT device or service even if their financial situation is poor.

No. Only the IEP team can change an IEP. An administrator or school board cannot change an IEP. A school district has to implement an IEP even if they object to it.

As much as possible, students in special education have to be educated with students who do not have disabilities. If AT can be used to help the student learn in the regular classroom, the school must provide the AT in the regular classroom.

Yes, but that has to be written into the IEP. There must be an educational reason to take the device home.

The school district must follow the IEP. The IEP should state where and when the student has access to the AT. Schools can’t deny or restrict access to devices that help students function.

If a school has to take away a device, like walkers, wheelchairs, hearing aids, and communication boards to prevent harm to a person or the device, it must be returned to the student as soon as possible.

A school district must provide AT to suspended or expelled students with disabilities who need the AT to be able to get their Free Appropriate Public Education (FAPE).

If the school district owns the device and a student with a disability changes school districts, the new school district may buy the device from the old school district. A school district doesn’t have to sell it though, if the device can be used by other students.

If the student is transitioning to a work environment or a postsecondary educational program, the Department of Employment and Economic Development (DEED) can buy the device from the school district. The student must be getting vocational rehabilitation services from DEED and the device must be identical to the one in the rehabilitation plan the student made with DEED.

If you do not agree with proposed IEP or evaluation or if the school district refuses to provide needed AT devices or services, you should first informally discuss the issue with the IEP team or other school staff. If you still disagree, you can ask for any of these things:

• an independent evaluation (see page 3)
• a conciliation conference
• mediation
• a facilitated IEP meeting, or
• a due process hearing

You can also file a complaint with the Minnesota Department of Education (MDE).

You have the right to meet with school district staff if you disagree with the proposed IEP. School districts must offer a conciliation conference if a parent objects to the proposed IEP.

You can also ask for one by giving a written request to the case manager or district representative on the team. The conciliation conference must be held within 10 days at a place and time agreed to by both the parents and the school district.

Within 5 days of the final conciliation conference, the school district must give you a written memorandum and a proposed IEP says what the school district is going to do.

You can ask for mediation through the Minnesota Special Education Mediation Services. This is at no cost to the parent. A trained mediator tries to help the family and school district work out the problems and reach a good decision for the student.

Both you and the school district must agree to mediation. Contact the local special education director to ask for mediation.

If you have questions about mediation, call the Alternative Dispute Resolution Services coordinator at MDE: (651) 582-8518.

A facilitated IEP meeting is an IEP team meeting with a neutral person (facilitator) who tries to help the team talk it over and develop an IEP. The facilitator is not a decision maker. You or the school district can ask for a facilitated IEP meeting.

The meeting has to be at a time and place agreed to by everyone. You can bring advocates or other people to the meeting.

If you have questions about a facilitated IEP meeting, call the Alternative Dispute Resolution Services coordinator at MDE: 651-582-8518.

If none of these fix the problem, you can file a complaint or ask for a due process hearing.

Complaints

You, or any interested party can file a complaint with the MDE. You can file a complaint if:

• The school district violates state or federal law

• There is a disagreement between the parent and the school district about the student’s services. This includes when a district does not provide AT as written in the IEP.
   

Complaints have to be filed within one year. The MDE reviews the complaint and makes a decision within 60 calendar days.

There is a complaint form (PDF) on MDE’s website at http://education.state.mn.us.

Send or fax the completed form to:

Minnesota Department of Education
Special Education Dispute Resolution Supervisor
Division of Compliance and Assistance
400 NE Stinson Blvd.
Minneapolis, MN 55413

651-582-8725 (Fax)

You must send a copy of the complaint to the school district or public education agency serving the child at the same time you file the complaint with MDE.

Due Process Hearings

A due process hearing helps resolve disputes about the identification, evaluation, placement, services, or provision of FAPE, including disputes over AT.

It is a chance for you to present evidence and cross-examine school officials. It is led by an independent hearing officer. The officer must issue written findings of fact and a decision. A due process hearing is a formal legal process.

You don’t have to find a lawyer, but it is a good idea to talk to one before asking for a due process hearing.

There is more information on special education on www.LawHelpMN.org.

The MDE website also has more information. (https://education.mn.gov/)

The Minnesota Disability Law Center provides free legal help to people with disabilities in Minnesota. Contact us at:

Metro: (612) 334-5970
Toll Free: 1-800-292-4150

Minnesota Disability Law Center
111 North 5th Street, Suite 100
Minneapolis, MN 55401-1780

www.mndlc.org

This publication was made possible by Grant Number 90AG0003-01-00 from the Administration for Community Living to the Minnesota STAR Program. Its contents are solely the responsibility of the authors and do not necessarily represent the official views of the Department of Health and Human Services or the Administration for Community Living.