EDUDEAF: Assistive Listenening Device Regulations

Key words: Information, Technologies for Deaf/HH

Document 1 of 1

Date: Thu, 10 Oct 1996 22:03:30 -0400
Reply-To: A Practical Discussion List Regarding Deaf Education
Sender: A Practical Discussion List Regarding Deaf Education
Subject: ALD regs
To: Multiple recipients of list EDUDEAF

Much of the validation for our position that an ALD must go home comes from case law and position statements by the US Dept of Education. If you look at 18 IDELR 627 of the Individuals with Disabilities Education Law Report (Vol 18, Issue 12, 4/3/92 p. 627), you'll find the Digest of Response dated November 27, 1991 which states:

DIGEST OF INQUIRY (Date not provided)

DIGEST OF RESPONSE (November 27, 1991)

TEXT OF INQUIRY

I would like to have a copy of the policy classification on Assistive Technology.

I also have a question to ask regarding Assistive Technology such as a closed circuit T.V.

My daughter uses a CCTV in school and it is on her IEP program. My daughter is visually impaired. The initial request was made by me, the parent, to the appropriate people involved in her education, and discussed and approved by the committee on an individual basis.

My question is: I would like to make the request to the appropriate officials for another CCTV for home use to accomplish the same results at home as is done in school. (For homework, reading books, any assignments from school.)

Another question is: If the committee approves this request, it will go to School Board for approval. I would like to know what happens if the School Board doesn't approve the proposal? Is it impartial hearing time?

Thank you for your assistance in this matter

Any information regarding Assistive Technology Information for school and home use would be greatly appreciated.

Is there any time limit on implementation of yearly updated IEPs [?]
Every year I have long delays on implementation of board approved IEP's [.]

TEXT OF RESPONSE

This is in response to your recent letter to the Office of Special Education Programs (OSEP) requesting a copy of any OSEP policy clarifications on assistive technology, as well as asking specific questions concerning the assistive technology needs for your daughter. You also asked a question about the time limits for implementation of an individualized education program (IEP).

In response to your request, I am enclosing a copy of OSEP's August 10, 1990 letter to Ms. Susan Goodman concerning the obligations of public agencies under Part B of the Individual With Disabilities Education Act (Part B), formerly cited as Part B of the Education of the Handicapped Act, to provide assistive technology to children with disabilities, along with some additional information on assistive technology and a copy of the Part B regulations. I would also like to provide you with OSEP's response to each of your specific questions as stated below.

"I would like to make the request to the appropriate officials for another CCTV for home use to accomplish the same results as is done in school. (For homework, reading books, any assignment from school).

The IEP, which must be developed at a meeting that includes parents and school officials, must contain, among other things, a statement of the specific special education and related services to be provided to the child. See 34 CFR 300.343-300.346. As stated in OSEP's letter to Ms. Goodman, if the IEP team determines that a child with disabilities requires assistive technology in order to receive a free appropriate public education (FAPE), and designate such assistive technology as either special education or a related service, the child's IEP must include a specific statement of such services, including the nature and amount of such services. See 34 CFR 300.346(c); App. C to 34 CFR Part 300 (Ques. 51). The need for assistive technology is determined on a case-by case basis, taking into consideration the unique need of each individual child. If the IEP team determines that a particular assistive technology item is required for home use in order for a particular child to be provided FAPE, the technology must be provided to implement the IEP.

"If the committee approves this request, it will go to the School Board for approval. I would like to know what happens if the School Board doesn't approve the proposal? Is it impartial hearing time?"

As part of the public agency's Part B obligation to provide FAPE to an eligible child with disaiblities, the public agency must ensure that special education and related services are provided in conformity with an IEP which meets the requirements of 34 CFR 300.340-300.349. One requirement, at 34 CFR 300.343 (a), is that the public agency conduct a meeting to develop, review, and revise a child's IEP. The Regulations require that certain participants attend the IEP meeting. See 34 CFR 300.344. The role of the participants at the IEP meeting is to determine the specific special education and related services that a child needs in order to receive FAPE. Once the determination is made at a meeting convened pursuant to 34 CFFR 300.343(a), Part B does not recognize any authority on the part of a local School Board to unilaterally change the statement of special education and related services contained in the IEP. After the IEP is developed and the placement decision is made by a group of persons knowledgeable about the child, the meaning of the evaluation data and placement options, the public agency must implement the IEP. See 34 CFR 300.533(a)(3). Without reconvening the IEP meeting, the local school board could not change the IEP.

Judy Schrag
Director
Office of Special Education Programs

Uploaded by: Jessica Soltesz/Kent State University/Deaf Education Major