Assistive Technology Devices and Services for Children With Disabilities Under the IDEA

400 MARYLAND AVE. S.W., WASHINGTON, DC 20202-2600 www.ed.gov The Department of Education’s mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access. UNITED STATES DEPARTMENT OF EDUCATION WASHINGTON, DC 20202 January 22, 2024 Dear Colleagues, High quality educational opportunities should be a ccessible to all learners , and emerging technolog ies hold promise to transform instruction and learning while reducing barriers. They can contribute to the reinforcement and progression of relationships between educators and students, reinvent approaches to learning and collaboration, reduce persistent disparities in equity and accessibility, and adapt learning experiences to meet the needs of all learners. The Office of Educational Technology and the Office of Special Education Programs are pleased to share the attached guidance in support of children with disabilities who need assistive technology (AT) devices and services for meaningful access and engagement in education . This guidance aims to increase understanding of the Individuals with Disabilities Education Act’s (IDEA’s) requirements regarding AT devices and services, and dispel common misconceptions regarding AT, while also providing examples of the use of AT devices and services for children with disabilities . The document is intended for a wide range of individuals incl uding parents, 1 early intervention service providers, special educators, general educators, related services personnel, school and district administrators, technology specialists and directors, and employees at State lead agencies and educational agencies. AT devices and services can help improve outcomes for children, develop important skills and abilities, and prepare them for the workforce and life after high school. By providing children with disabilities with the tools they need to succeed, we can help break down barriers and create a more inclusive and equitable educational system for all. In 2015, the Every Student Succeeds Act (ESSA) amended the Elementary and Secondary Education Act of 1965 (ESEA) and incorporated a renewed commitment to ensuring equal opportunities and introduced Universal Design for Learning in K-12 educational policy. This is echoed in the U.S. Department of Education 2024 National Education Technology Plan (NETP) , which states institutions should, “[d]esign and sustain systems that support ongoing learning for new and veteran teachers and administrators, providing them with the time and space needed to design learning opportunities aligned with the Universal Design for Learning (UDL) Framework.” A key understanding of universal design practices is that accessible and inclusive design benefits everyone, including children with disabilities. 1 IDEA broadly defines “parent” to include the biological or adoptive parent of the child, a foster parent (unless State law prohibits the foster parent from acting as a parent), a guardian authorized to act as the child’s parent or to make educational decis ions for the child (but not the State if the child is a ward of the State), an individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives, a n individual who is legall y responsible for the child’s welfare, or a surrogate parent who ha s been appointed consistent with IDEA’s requirements in 34 C.F.R. § 300.519. For a complete definition, see 34 C.F.R. §§ 300.30 or 303.27.

MYTHS AND FACTS SURROUNDING ASSISTIVE TECHNOLOGY DEVICES AND SERVICES 1 M YTHS AND F ACTS S URROUNDING A SSISTIVE T ECHNOLOGY D EVICES AND S ERVICES U.S. DEPARTMENT OF E DUCATION JANUARY 2024 MYTHS AND FACTS SURROUNDING ASSISTIVE TECHNOLOGY DEVICES AND SERVICES 1 I. A SSISTIVE T ECHNOLOGY R EQUIREMENTS U NDER P ART B OF THE INDIVIDUALS WITH D ISABILITIES E DUCATION A CT MYTH 1: Assistive Technology ( AT ) should only be considered at some individualized education program ( IEP) Team meetings. FACT: Each time an IEP Team develop s, reviews , or revises a child’s IEP, the IEP Team must consider whether the child requires AT devices and services. 5 Further, w hen an IEP Team determines AT devices and services are required to enable the child to receive a free appropriate public education (FAPE) , the local educational agency (LEA) 6 is responsible for providing and maintaining the AT device and providing any necessary AT servic e. 7 The IEP Team has discretion in determining the type of AT device and service that the child needs to receive meaningful educational benefit. Specifically, IEPs must include a statement of the special education and related services and supplementary aids and services, which may include AT devices and services, based on peer - reviewed research , to the extent practicable , that will allow the child to: (i) advance appropriately toward attaining the annual goals in a child’s IEP; (ii) be involved in and make progress in the general education curriculum; (iii) participate in extracurricular and other nonacademic activities; and (iv) be educated and participate with other children with disabilities and nondisabled children. 8 MYTH 2: Pr oviding AT devices and services is optional under IDEA and an LEA does not have to provide AT devices and services if there are no funds available for the AT device and service. FACT: IEP Teams must consider AT devices and services for all children with IEPs and must provide and fully fund the AT devices and services if the IEP Team determines they are necessary to provide FAPE for the child. As required by IDEA and its regulations, IEP Teams , as part of the development, review and revision of a child’s IEP, must consider whether a child needs AT devices and services . 9 AT devices and services must be funded by the LEA and be provided to a child if the IEP Team determines they are required as part of 5 34 C.F.R. § 300.324(a)(2)(v ) and (b)(2). 6 To increase readability, the Department has used the term “LEA” in place of “public agency.” Public agency is defined in 34 C.F.R. § 300.33 to include the state educational agency ( SEA), LEAs, educational services agencies (ESAs), nonprofit public charter schools that are not otherwise included as LEAs or ESAs and are not a school of an LEA or ESA, and any other political subdivisions of the State that are responsible for providing education to children with disabilities. The program requirements under Part B of IDEA apply to public agencies. See 34 C.F.R. §§ 300.120 and 300.600(b)(2). 7 34 C.F.R. § 300.105. 8 34 C.F.R. §§ 300.320(a)(4) and 300.324(a)(2)(v) and (b)(2). 9 34 C.F.R. § 300.324(a)(2)(v) and (b)(2). MYTHS AND FACTS SURROUNDING ASSISTIVE TECHNOLOGY DEVICES AND SERVICES 2 the child’s special education, related services or supplementary aids or services. 10 If IEP Team members lack knowledge about AT options to support the child’s needs, they must engage other individuals who are knowledgeable about AT options in the decision -making process. 11 IEP Team members could also contact their State or territory AT program for additional technical assistance on appropriate AT devices and services (see Myth/Fact 22). MYTH 3: Providing an AT device to a child with a disability satisfies the IDEA’s AT requirements. FACT: IDEA requires IEP Teams to consider whether a child with a disability needs AT devices and services. While providing a needed AT device is a critical component of meeting the IDEA’s AT requirement, AT services are important and must be considered by a child’s IEP Team because they directly assist a child with a disability in the selection, acquisition, or use of an AT device . 12 AT services also ensure that parent s and families, teachers and related service providers receive training on how to use and implement the device as well as ensure coordination so that the AT device provided to the child can be used correctly and consistently both in school and at home. For example, if an IEP Team determines that a child needs a pencil grip as an AT device to improve the child’s grasp of a pencil, the AT service could include testing out multiple pencil grips, selecting the appropriate pencil grip, training the child’s parent s and teachers on the correct way to use the pencil grip and developing strategies to support the child in using the pencil grip throughout the day. MYTH 4: An AT evaluation must be conducted prior to providing an AT device and service to a child with a disabilit y. FACT: An AT evaluation can be included as an AT service for a child but is not required under the IDEA . The specific AT devices and services needed by a child with a disability are determined appropriate by the IEP Team based on the child’s needs. Many AT devices and services can be provided without an AT evaluation. For example, a graphic organizer that assists a child to categorize ideas into topics, subtopics , and supporting facts generally would not require an evaluation prior to its use. An AT evaluation may be needed for a child when it comes to determining an appropriate AT device that the child would need to use throughout the school day, such as read -aloud software , or the use of peer reader s during different academic periods. IDEA calls this a functional evaluation of the child in the child’ s customary environment. 13 An AT evaluation may be included as part of an initial evaluation or reevaluation , or it may be a standalone evaluation. 14 If an IEP Team determines that an AT evaluation is needed , consent must be 10 34 C.F.R. § 300.105(a) . 11 34 C.F.R. § 300.321. 12 34 C.F.R. § 300.6. 13 34 C.F.R. § 300.6(a). 14 See Office of Special Education Programs (OSEP ) Letter to Fisher, December 4, 1995 . MYTHS AND FACTS SURROUNDING ASSISTIVE TECHNOLOGY DEVICES AND SERVICES 3 obtained from the parent prior to conducting the evaluation . 15 The functional evaluation may include observ ations of the child’s interact ions across different locations in school and a t home and identify strengths and weaknesses the child has in completing tasks. This evaluation can provide data and information to determine when and why an AT device and service is needed and could then be matched with an appropriate AT device and service based on the child’s needs. MYTH 5: Children can learn to use an AT device on their own; educators have no obligation to provide training to a child or to their family. FACT: It is the responsibility of the LEA to ensure that the child with a disability , parents, and educators know how the AT device works through the provision o f AT services. Should an IEP Team determine that a child requires an AT device, the IEP Team also needs to consider whether the child requires training or technical assistance on using the AT devices and ensure that the training and technical assistance is provided if required. 16 For example, the IEP Team determines that a four -yea r-old child who is nonverbal needs an augmentative and alternative communication (AAC) device 17 to support the child ’s communication with teachers, related service providers and other children in a preschool classroom . To ensure that the child can successfully use the AAC d evice, the I E P Te a m needs to conside r and potentially provide AT services , including but not limited to: • Selecting, designing, fitting, customizing, and adapting the AAC device; • Coordinating and using other therapies, interventions, or services with the AAC device, such as those associated with existing education plans and programs; • Training or technical assistance for a child with a disability or, if appropriate, that child's fa mily; • Training or technical assistance for educational professionals or other individuals who are otherwise substantially involved in the major life functions of the child; and 18 • If determined by the IEP Team, identifying additional individuals who will assist the child in accessing the AAC device and addressing any other communication needs of the child. 19 15 34 C.F.R. § 300.300(a) and (c) . 16 34 C.F.R § § 300.324(a)(2)(v) and 300.6. 17 While not defined in IDEA, augmentative and alternative communication devices are devices that either supplement a person’s speech and language skills (augmentative) or replace a person’s speech (alternative). See, for example, the American Speech- Language- Hearing Association website for a description of AAC https://www.asha.org/public/speech/disorders/aac/. For this example, an AAC device is an AT device. 18 34 C.F.R. §§ 300.6(c) -(f). 19 IDEA also requires IEP Teams to consider the communication needs of a child which may require additional special education, related services and supplementary aids and services for the child to receive FAPE. See 34 C.F.R. § 300.324(a) (2)(iv). MYTHS AND FACTS SURROUNDING ASSISTIVE TECHNOLOGY DEVICES AND SERVICES 4 MYTH 6: Specific AT decisions do not need to be included in the written IEP document . FACT: IDEA requires the IEP to include a statement about a child’s special education, related services , and supplementary aids and services . I f AT devices and services are being made available as part of the special education, related services , or supplementary aids or services for a child with a disability , they must be included in the IEP. 20 This ensures that the teachers and providers who are responsible for implementing the IEP are aware of the specific AT devices and services that must be p rovided to the child in accordance with the IEP . 21 MYTH 7: AT does not need to be considered as part of the secondary transition process (i.e., transitioning out of high school to post -secondary education, employment opportunities or adult services) . FACT: AT should be considered for inclusion in a child’s transition plan , as AT devices and services create more opportunities for that child to be successful in their post- secondary plans. The AT needs of a child with a disability do not necessarily stop when they transitio n out of high school. If a child requires an AT device and service in their IEP, then it should be discussed and included in their transition plan. IDEA requires that the first IEP after a child turns 16 (or sooner if determined appropriate by the IEP Team or if required by State law) includes transition services . Transition services are a coordinated set of services designed to assist a child with a disability in reaching their envisioned post - secondary goals. 22 If the IEP Team determines that the transition services will consist of special education and related services , then the IEP Team must also consider the child’s need for existing or new AT devices and services as part of the transition services. 23 With the consent of the parents (or the child if they are at the age of majority) , the LEA must invite any participating agency that is likely to be responsible for providing or paying for transition services to be a member of the IEP Team and collaborate with that agency to ensure that transition services are provided in accordance with the IEP . 24 The child’s AT needs should be shared with the participating adult agency , so that AT devices and services can be provided when the child exits the LEA. AT devices and services can support vocational -related or post- secondary education -related tasks. Research has demonstrated positive outcomes for individuals with disabilities, including increased postsecondary education enrollment, improved post -secondary academic outcomes, positive vocational outcomes, and improved independe nt living skills, who receive AT devices and training on the AT device for their post -secondary life . 25 20 34 C.F.R. §§ 300.105, 300.320(a)( 4), and 300.324 (a)(2)(v) and (b)(2). See also OSEP Letter to Anonymous, November 27, 1991. 21 34 C.F.R. § 300.323(d) . 22 34 C.F.R. § 300.43. 23 34 C.F.R. §§ 300.43(b) and 300.105. 24 34 C.F.R. §§ 300.321(b)(3) and 300.324(c) . 25 Satterfield, B. (2020). Mastery of Assistive Technology in High School and Postsecondary Performance. Assistive Technology Outcomes & Benefits (ATOB), 14. MYTHS AND FACTS SURROUNDING ASSISTIVE TECHNOLOGY DEVICES AND SERVICES 5 MYTH 8: AT cannot be used for participation in S tate academic assessments. FACT: The Elementary and Secondary Education Act (ESEA ) requires States to provide the appropriate accommodations, which include s the use of AT devices for students with disabilities as part of their State assessments . 26 The ESEA requires States to give academic assessments to all public school students in reading/language arts and math ematics annually in grades 3 through 8 and once in high school and at least once in grades 3- 5, 6- 9, and 10- 12 in science. IEPs must include a statement of any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of the child on State and districtwide assessments. 27 Generally, assessment manuals for each State assessment provide information on how AT devices and other appropriate accommodations can b e utilized when participating in these assessments , and state educational agencies ( SEAs) and LEAs must ensure that school personnel know how to administer assessments and how to use appropriate accommodations during assessments for children with disabilit ies. 28 Stumbo, N. J., Martin, J. K., & Hedrick, B. N. (2009). Assistive technology: Impact on education, em ployment, and independence of individuals with physical disabilities. Journal of Vocational Rehabilitation , 30 (2), 99 -110. Malcolm, M. P., & Roll, M. C. (2017). The impact of assistive technology services in post -secondary education for students with disab ilities: Intervention outcomes, use -profiles, and user -experiences. Assistive technology , 29 (2), 91 -98. 26 34 C.F.R. § 200.6(b). 27 34 C.F.R. § 300.320(a)(6)(i) . 28 34 C.F.R. § 200.6(b)(2)(ii) . MYTHS AND FACTS SURROUNDING ASSISTIVE TECHNOLOGY DEVICES AND SERVICES 6 II. C OMMON M YTHS AND F ACT S ABOUT A SSISTIVE T ECHNOLOGY D EVICES AND S ERVICES MYTH 9: AT always involves an electronic device and is always high -tech. FACT: Many AT devices or tools may be computer based, but items like visual schedules and calendars, binder clips, squishy balls, or stickers may also be considered AT. To illustrate that not all AT devices are electronic devices or high-tech, the IRIS Center — a technical assistance center funded by the U.S. Department of Education’s Office of Special Education Programs (OSEP) — develops and disseminates free, online resources about evidence- based instructional and behavioral practices to support the education of all students, particularly struggling learners and those with disabilities. The IRIS Center created a chart that categorizes AT devices into low -tech, mid- tech, and high-tech devices that assists in showing the type of AT device and the relative cost of the device. 29 Ty p e Definition Examples Low -tech Devices that are readily available, inexpensive, and typically do not require batteries or electricity • Specialized rubber pencil grip • Page holder • Modified scissors Mid -tech Devices that are usually digital and may require batteries or another power source • Calculator • Audio book • Digital recorder High -tech Devices that are typically computer -based, likely to have sophisticated features, and can be tailored to the specific needs of an individual student • Tablet • Screen reader • Voice recognition software MYTH 10: AT devices and services should only be considered for children with certain disabilities. FACT: AT must be considere d for all children with IEPs and can play an important role in the provision of FAPE , regardless of the type of disability. AT has been proven to be effective for children with a variety of disabilities. It is a common misconception that AT is only for children with certain disabilities (e.g., sensory disabilities). AT devices and services must be considered for all children with disabilities. 30 29 Assistive technology: An overview. IRIS Center Peabody College Vanderbilt University. (n.d.). Retrieved February 6, 2023, from https://iris.peabody.vanderbilt.edu/module/at/#content 30 34 C.F.R. § 300.324(a)(2)(v) and (b)(2). MYTHS AND FACTS SURROUNDING ASSISTIVE TECHNOLOGY DEVICES AND SERVICES 11 MYTH 17: If a child doesn’t want to use AT, a teacher doesn’t need to follow up to model and encourage the child to use the AT. FACT: If a child does not want to use an AT device , it is critical that the IEP Team works with the child to understand and address the root cause of the child’s refusal . There could be a variety of reasons a learner does not want to use a specific AT, such as dislik ing a certain device, feeling stigmatized, or not understanding how to use the AT device correctly . Examples of ways a teacher can support a child’s use of an AT device include training the child on how to use the device, using the device themselves, if appropriate, connecting the use of the device to real life (non -school) functions, if appropriate, and generally supporting the various uses of technolo gy in their classroom. The IEP Team should meet to develop a plan to further understand the root cause of the learner’s refusal and to determine possible recommendations to be carried out by the Team — potentially through an AT evaluation . 52 If the AT evaluation determine s that the child either does not like the particular AT device and /or refuse s to use it, then the IEP Team should incorporate strategies into the IEP that will create greater comfort using the AT device or alternatively choose a different AT device and revise the IEP accordingly . 53 MYTH 18: When children are using their own device s for AT , there is less responsibility on the school or educator. FACT: AT devices and services written into the IEP are the responsibility of the LEA. There may be flexibility if the parent and the LEA agree on using a child’s device instead of using an LEA’s AT device. AT devices and services that are part of a child’s special education, related services , or supplementary aids and services must be provided at no cos t to the child. See IDEA’s definition of FAPE. 54 If the LEA and the parent agree that a child’s AT device (e.g., a smartphone) should be used instead of an AT device provided by the LEA, there are issues that should be addressed to ensure that both the parent and the LEA understand their responsibilities. These issues can be addressed in the child’s IEP, or in another document that is available to the parent and relevant staff in the school and the LEA. Potential topics include: • Acknowledging that the use of the child’s own AT device is voluntary , and the parent may choose an LEA -supplied AT device at any time; • Determining when an AT device may be used as part of the child’s special education, related services and supplementary aids and services, and when t he device should not be used; • Providing professional development, t raining or technical assistance of LEA staff on how to support the child using the AT device ; 52 34 C.F.R. § 300.6(a). 53 34 C.F.R. §§ 300.6(c) , 300.320( a)(4), and 300.324 (a)(2)(v) and (b)(2). 54 34 C.F.R. § 300.17. See also 34 C.F.R. § 300.105(a). MYTHS AND FACTS SURROUNDING ASSISTIVE TECHNOLOGY DEVICES AND SERVICES 12 • Factoring additional costs associated with the AT device including subscriptions, software/app costs, data usage, maintenance, repair and replacement costs ; • Installing and updating security software if the AT device connects to the LEA ’s network ; and • Ensuring that the LEA will not discipline the child for using their own device as an AT device . Ultimately, if the LEA and the parent cannot come to agreement on the use of the child’s own device as an AT device, the LEA must make an appropriate AT device available for the child. MYTHS AND FACTS SURROUNDING ASSISTIVE TECHNOLOGY DEVICES AND SERVICES 13 III. C OMMON M YTHS AND F ACTS ABOUT D EPLOYING A SSISTIVE T ECHNOLOGY D EVICES AND S ERVICES MYTH 19: Buying AT devices takes a long time and won’t give timely services to the child as required. FACT: IDEA requires that as soon as possible following the development of the I E P, special education and related services are made available to the child in accordance with the child's IEP. 55 This include s AT devices if they are required as part of the child’s special education or related services. 56 AT devices vary greatly in their availability, cost, and needed customization prior to their use by a child with a disability. Some AT devices may be downloaded and printed off a computer and shared with the child immediately, such as a graphic organizer. Other devices may be purchased at a local office supply store with minimal customization needed, such as a larger keyboard. Some children may require specialized AT devices that are unique to the child and uniquely sized for the child’s needs , such as a communication device with spe cific communication software. Regardless of the type of AT device the child needs, IDEA requires that as soon as possible following the development of the IEP, special education and related services are made available to the child in accordance with the child’ s IEP. 57 If the IEP Team believes that a child’s AT device will likely take time to order and customize, the IEP Team should consider other strategies to support the child until the appropriate AT device is delivered. The IEP could include a statement explaining how the AT device will be ordered and appropriately fitted for the child and identify interim AT devices and services that will be provid ed pending final deployment of the AT device . 58 Since IDEA considers AT devices and services to be part of a child’s special education, related services and supplementary aids and services , 59 if there is a delay in the timely provision of AT devices and services, a child’s IEP Team may determine that compensatory services are necessary to mitigat e the impact of disruptions and delays in providing appropriate AT devices and services to the child. 60 55 34 C.F.R. § 300.323(c)(2) . 56 34 C.F.R. § 300.105. 57 34 C.F.R. § 300.323(c)(2) . 58 34 C.F.R. § 300.6(b)-(c). 59 34 C.F.R. § 300.105(a) . 60 See question D- 6 of the Return to School Roadmap: Development and Implementation of Individualized Education Programs (Sept. 30, 2021). MYTHS AND FACTS SURROUNDING ASSISTIVE TECHNOLOGY DEVICES AND SERVICES 14 MYTH 20: All AT devices must be approved by an L E A’ s information technology (IT) department. FACT: The IEP Team makes the determination on what AT device and service is necessary to meet the child’s needs. IEP Team members should be familiar with a child’s AT needs and engage in regular communication with other personnel such as IT and LEA leaders to support the timely provision of AT devices and services in accordance with the child’s IEP . The IT department is a valuable resource for the IEP Team to build a partnership with and collaborate regarding potential and needed AT. MYTH 21: Only staff who specialize in AT can deploy AT devices or provide AT services. FACT: IDEA requires the IEP Team to have representatives of the LEA who are qualified to provide or supervis e the provi sion of specially designed instruction to meet the unique needs of children with disabilities. The individuals or process needed to select, purchase , and provide AT devices and services varies by the child’s unique need s as determined by the IEP T eam. In many cases, the AT device and service is delivered by the child’s regular classroom teacher , special education teacher, or related services provider . If there are complex AT needs, either the parent or the LEA can include other individuals who have knowledge or special expertise regarding the child as a member of the child’s IEP Team. 61 An LEA may also access technical assistance with a Section 4 State or Territory AT Act program (State or Territory AT program) in their State regarding AT needs for a child. MYTH 22: There are no resources available to LEAs who can provide technical assistance on AT devices (e.g., loaning and testing of AT devices) . FACT: Every State has a State or Territory AT program that can provide device demonstrations and device loans to LEAs so they may evaluate an AT device’s effectiveness prior to purchasing. It can be difficult to justify purchasing an AT device when the IEP Team is unsure of what device to purchase and whether that device will prove effective. Through the 21st Century Assistive Technology Act 62 ( AT A c t ) , administered through the U.S. Department of Health and Human Services Administration for Community Living, States receive funding to provide technical assistance (i.e., share knowledge and resources) to a wide range of individuals including those with disabilities, parents and educator s across their State. 63 Through these State or Territory AT programs, IEP Team members (including parents) can receive support from a specialist to: • Discuss and learn about various devices that may work for a specific child; 61 34 C.F.R. § 300.321(a)(6). 62 29 U.S.C. § 3001 et seq. 63 A listing of State or Territory AT programs can be found at https://at3center.net/state -at-programs/ MYTHS AND FACTS SURROUNDING ASSISTIVE TECHNOLOGY DEVICES AND SERVICES 15 • Request a demonstration of any device ; • Borrow a device for a short time period; and • Learn about how to purchase the device through the school or financing and loan options. Through these resources, an LEA can assess an AT device by collecting data on the child’s performance during the short -term borrowing period to determine whether the device is effective and should be purchased or if a different device should be obtained. If the data shows that the child’s performance decreased or remained the same, the IEP Team can obtain additional support from the AT program in their State or T erritory and explore other AT devices that are appropriate for the child. IDEA also funds technical assistance centers to support the use of AT devices and services. For example, the Center on Inclusive Technology and Education Systems (CITES), funded under an IDEA Part D grant from the U.S. Department of Education, supports LEAs in creating and sustain ing inclusive technology systems that serve all students, including students with d isabilities who require assistive technology or accessible educational materials. CITES also provides resources for families. MYTHS AND FACTS SURROUNDING ASSISTIVE TECHNOLOGY DEVICES AND SERVICES 16 IV.A SSISTIVE T ECHNOLOGY R EQUIREMENTS U NDER P ART C OF THE INDIVIDUALS WITH D ISABILITIES E DUCATION A CT MYTH 23: Infants, toddlers , and their families do not benefit from AT devices and services. FACT: AT devices and services can and often do support infants, toddlers , and their families in meeting the developmental needs of an infant or toddler with a disability and the needs of the family to assist appropriately in the infant ’s or toddler ’s development. Similar to the way s that AT devices and services increase, maintain, or improve the functional capabilities of school -age children with disabilities, AT devices and services play a ro le in supporting infants and toddlers with disabilities and their families in meeting developmental milestones . There are numerous AT devices and services that can be deployed to support an infant or toddler with a disability and their family who requires an AT device and service . Examples o f AT devices and services for infants and toddlers with disabilities and their families include: 64 • A functional AT evaluation to assess if an infant or toddler could benefit from AT devices and services ; • AAC devices 65 ( e.g., pictures of activities or objects , or a handheld tablet ) that help infants and toddlers express wants and needs ; • Tactile books that can be felt and experienced for infants and toddlers with sensory issues ; • Helmets , cushio ns, adapted seating , and standing aids to support infants and toddlers with reduced mobility ; and • AT t raining services for parents to ensure that AT devices are used throughout the infant or toddler’s day. Just like AT devices and services for school-a ge children, AT devices can vary from low-tech to high-t ech devices an d services (see Myth/Fact 9, above). 64 See Rhoads, L., & Seiler, R. (2007). Assistive technology for infants and toddlers with disabilities: A handbook for parents and caregivers . Moscow, ID: Idaho Assistive Technology Project. 65 See Myth/Fact 5, above, for a description of AAC devices. MYTHS AND FACTS SURROUNDING ASSISTIVE TECHNOLOGY DEVICES AND SERVICES 17 MYTH 24: IDEA Part C does not contain any provisions regarding AT devices or services. FACT: Both the IDEA and its implementing regulations include AT devices and services as an early intervention service. Part C of IDEA and the implementing regulations include both AT devices and AT services within the definition of early intervention service. 66 There fore, if an individual ized family service plan (IFSP) Team , in collaboration with a parent , determine s that an AT device or service will be required to meet the developmental needs of an infant or toddler with a disability and the needs of the family to assist appropriately in the infant ’s or toddler ’s developmen t, then the AT device or service must be provided to the infant , toddler or family members at no cost. 67 As an early intervention service, t he IFSP Team must document the AT device and service in the infant or toddler ’s IFSP 68 and the AT device and service must be included in the periodic review and annual evaluation of the IFSP. 69 MYTH 25: AT does not need to be considered when a toddler transitions from early interv ention services to special education services at the preschool level. FACT: AT must be considered when a to ddler is transitioning from early intervention services to preschool, regardless of whether the child currently receives AT services through an IFSP. For all toddlers whom the early intervention service providers (EIS providers) believe may be eligible for special education or related services by an LEA, the EIS provider must convene (with the consent of the family) a transition conference at least 90 days before the toddler ’s third birthday to discuss any special education, related services , and supplementary aids and services the toddler may receive from an LEA (usually through an IEP). 70 If the toddler is currently receiving AT devices and services as an early intervention service, it should be discussed during the transition conference with an EIS provider knowledgeable of the child’s AT needs in attendance, and potentially be included in the transition plan. 71 At the initial IEP Te a m meeting for a child who received early intervention services, the LEA, at the request of the parent, must invite the Part C service coordinator or other representatives of the Part C system to assist with the smooth transition of services—which could include existing AT devices and services. 72 At the initial IEP Team meeting , the IEP Team must consider (regardless of whether a child received AT devices and services as early intervention services ) whether a child needs AT devices and services. 73 See Myth/Facts 1 and 2, above. 66 IDEA section 632(4)(E)(xiii) and 34 C.F.R. § 303.13(b)(1). 67 Unless the State has an approved system of payments that allows for insurance co- payments, premiums, deductibles or for family fees for early intervention services. See 34 C.F.R. §§ 303.520- 303.521. 68 34 C.F.R. § 303.344(d). 69 34 C.F.R. § 303.342(b) and (c). 70 34 C.F.R. § 303.209(c) . 71 34 C.F.R. § 303.209(d) . 72 34 C.F.R. § 300.321(f) . 73 34 C.F.R. § 300.324(a)(2)(v) and (b)(2). MYTHS AND FACTS SURROUNDING ASSISTIVE TECHNOLOGY DEVICES AND SERVICES 18 MYTH 26: State lead agencies and EIS providers are not eligible to access technical assistance from State AT programs. FACT: State AT p rograms serve all individuals of any age, including infants and toddlers, and with any type of disability. It can be difficult to justify purchasing an AT device when the IFSP Team is unsure of what device to purchase and whether that device will prove effective. Through the AT Act, States receive funding to provide technical assistance (i.e. , share knowledge and resources) to early interventions service providers across their State. 74 Through these State or Territory AT programs , parents and IFSP Team members can receive support from a n AT specialist to: • Discuss and learn about various devices that may work for a specific child; • Request a demonstration of any device ; • Borrow a device for a short time period; and • Learn about how to purchase the device through the school or financing and loan options . Through these resources, an EIS provider can assess an AT device by collecting data on the in fant or toddler ’s performance during the short- term borrowing period to determine whether the device is effective and should be purchased or if a different device should be obtained. If the data shows that the AT device is not working for the infant or tod dler or will not assist the infant or toddler in meeting developmental milestones, the EIS provider can obtain additional support with the State or Territory AT program and explore other AT devices that are appropriate for the infant or toddler . 74 A listing of State or territory AT programs can be found at https://at3center.net/state -at-programs/ MYTHS AND FACTS SURROUNDING ASSISTIVE TECHNOLOGY DEVICES AND SERVICES 19 V.C OMMON M YTHS AND F ACTS ABOUT A SSISTIVE T ECHNOLOGY C OSTS AND F UNDING S OURCES MYTH 27: AT is expensive. FACT: While some AT may be expensive, there are many forms of AT devices and services with little to no cost. AT can 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. 75 Some AT devices may be expensive , such as an electronic braille display that allows children who are blind to read on devices such as a tablet. However, there are many low -cost examples of AT devices, including binder clips or sticky notes , to help a child organize themselves or keyboard stickers to provide color contrast for children with low vision. Further, with technology development in recent years, many accessibility features, such as large text or a text -to -speech feature may be included in existing software owned by the LEA and may meet the AT needs of a child with a disability. Ultimately, a child’s AT device s and services should be determined by the child’s needs rather than the cost. MYTH 28: There are limited funding sources for AT devices and services. FACT: There are multiple funding sources for AT devices and services. In addition to State and local funding for early intervention services and special education and related services , the following are some examples of Federal funding sources for AT devices and services: a. For infants and toddlers with AT devices and services that are required as part of their IFSP, IDEA Part C grants may be used as a funding source. IDEA Part C grants support early intervention services for infants and toddlers with disabilities and their f amilies. 76 b.For c hildren with AT devices and services as part of their IEP, IDEA Part B grants may be used as a funding source. IDEA Part B grants assist States and LEAs in providing a FAPE in the least restrictive environment for children with disabilities . There are two grant programs (IDEA section 611 and IDEA section 619) , both of which allow for a portion of funds to be reserved at the State level and require the remainder to be allocated to eligible LEAs. 77 75 34 C.F.R. §§ 300.5 and 303.13(b)(1)(i) . 76 See https://www2.ed.gov/programs/osepeip/index.html 77 See https://www2.ed.gov/programs/osepgts/index.html (IDEA section 611) and https://www2.ed.gov/programs/oseppsg/index.html (IDEA section 619) MYTHS AND FACTS SURROUNDING ASSISTIVE TECHNOLOGY DEVICES AND SERVICES 20 Fo r children with disabilities aged 3-5, the following IDEA Part B fund s may be used to provide AT devices and services : • IDEA section 619 funds reserved by States for author ized State-level activit ies other than administration (34 C . F. R . § 300.814(b)) • IDEA section 611 funds reserved by States for authorized State- level activities other than administration (34 C . F. R . § 300.704(b)(4)(v)) • IDEA section s 611 and 619 subgrants to LEAs ( 34 C.F.R. §§ 300.202(a) , 300.705, and 300.815 ) For children with disabilities age d 3- 21 , th e following IDEA Part B funds may be used to provide AT devices and services : • IDEA section 611 funds reserved by States for authorized State- level activities other than administration (34 C . F. R . § 300.704(b)(4)(v)) • IDEA section 611 subgrants to LEAs ( 34 C.F.R. §§ 300.202(a) and 300.705) The U.S. Department of Education’s Office of Educational Technology released a Dear Colleague Letter on Leveraging Federal Funds for Teaching and Learning with Technology in February 2023 , which includes guidance on leveraging Federal funds to purchase AT devices and services.

400 MARYLAND AVE. S.W., WASHINGTON, DC 20202-2600 www.ed.gov El Departamento de Educación tiene como misión promover el alto rendimiento académico y la preparación de los estudiantes para la competitividad global al fomentar la excelencia en la educación y garantizar la igualdad de acceso. DEPARTAMENTO DE EDUCACIÓN DE EE.UU. WASHINGTON, DC 20202 22 de enero de 2024 Estimados colegas: Todos los estudiantes deben tener acceso a oportunidades educativas de alta calidad, y las tecnologías emergentes prometen transformar la instrucción y el aprendizaje al mismo tiempo que reducen las barreras. Pueden contribuir al refuerzo y la progresión de las relaciones entre educadores y estudiantes, reinventar la colaboración y los enfoques de aprendizaje, reducir las disparidades persistentes en la equidad y accesibilidad , y adaptar las experiencias de aprendizaje para satisfacer las necesidades de todos los estudiantes. L a Oficina de Tecnología Educativa y la Oficina de Programas de Educación Especial se complacen en compartir la guía adjunta para apoyar niños con discapacidades que necesitan aparatos y servicios de tecnología de asistencia (AT) con acceso significativo y participación en la educación. Esta guía tiene como objetivo aumentar la comprensión de los requisitos de la Ley de Educación para Personas con Discapacidades (Individuals with Disabilit ies Education Act, IDEA) con respecto a los dispositivos y servicios de AT , disipar conceptos erróneos comunes sobre la AT y proporcionar ejemplos del uso de dispositivos y servicios de AT para niños con discapacidades. El documento está destinado a una am plia gama de personas, incluidos los padres, 1 los proveedores de servicios de intervención temprana, los educadores especiales, los educadores generales, el personal de servicios relacionados, los administradores escolares y distritales, los directores y especialistas en tecnología, y los empleados de agencias estatales líderes y agencias educativas. Los dispositivos y servicios de AT pueden ayudar a mejorar los resultados de los niños, desarrollar habilidades y destrezas importantes y prepararlos para la vida laboral y la vida después de la escuela secundaria. Al brindar a los niños con discapacidades las herramientas que necesitan para tener éxito, podemos ayudar a derribar barreras y crear un sistema educativo más inclusivo y equitativo para todos. En 2015, la Ley Cada Estudiante Triunfa ( Every Student Succeeds Act, ESSA) modificó la Ley de Educación Primaria y Secundaria de 1965 (Elementary and Secondary Education Act, ESEA), incorporó un compromiso renovado para garantizar la igualdad de oportunidades e introdujo el Diseño Universal para el Aprendizaje en la política educativa K -12. Esto tiene eco en el Plan Nacional de Tecnología Educativa (National Education Technology Plan, NETP) 2024 del Departamento de Educaci ón de EE.UU., que dice lo siguiente: “ …las instituciones deben diseñar y sostener sistemas que apoyan aprendizaje continuo para m aestros nuevos y veteranos, 1 IDEA ofrece una definición amplia de “padres” en la que se incluye a los padres biológicos o adoptivos de un niño; un padre de crianza (a menos que la ley estatal prohíba que un padre de crianza actúe como tal); un tutor autorizado para actuar como padre del niño o para tomar decisiones educativas para el niño (pero no el Estado si el niño está bajo la tutela del Estado); una persona que actúe en lugar de un padre biológico o adoptivo (incluido un abuelo, padrastro u otro pariente) con quien el niño viva, o una persona que sea legalmente responsable del bienestar del niño; o un padre sustituto que haya sido designado de acuerdo con los requisitos de IDEA en el Título 34 §300.519 del C.F.R. Para obtener una definición completa, consulte el Título 34 §§300.30 o 303.27 del C.F.R. Página 2 – Carta a los colega s estimados sobre la provisión de dispositivos y servicios de tecnología de asistencia para niños con discapacidades bajo IDEA 2 proporcionado a ellos el tiempo y el espacio necesario de diseñar oportunidades de aprendizaje alineados con un Marco de Diseño Universal para Aprendizaje ( Universal Design for Learning o el UDL Framework).” de aprendizaje que incorporen la flexibilidad y el poder de la tecnol ogía para crear ecosistemas de aprendizaje equitativos y accesibles … las instituciones deben insistir en el uso de recursos y el diseño de experiencias de aprendizaje que utilicen Prácticas de Diseño Universal (Universal Design, UD) para garantizar la accesibilidad y una mayor equidad de las oportunidades de aprendizaje”. Un aspecto clave de las prácticas de diseño universal es que el diseño accesible e inclusivo beneficia a todos, incluidos los niños con discapacidades. Además de los requisitos de ESEA que se aplican a todos los niños y jóvenes en los grados K-12, la IDEA garantiza que todos los niños con discapacidades reciban igualdad de oportunidades educativas que conduzcan a la participación plena, la vida independiente y la autosuficiencia económica. Esto significa que más allá de garantizar un acceso equitativo a la tecnología y los materiales educativos, los niños con un plan de servicios familiares individualizado (IFSP) o un programa educativo individualizado (IEP) también pueden necesitar dispositivos y servicios de AT para acceder y participar de manera significativa en la educación. De hecho, al desarrollar un IEP, los equipos deben considerar si el niño necesita dispositivos y servicios de A T. 2 Los dispositivos y servicios de tecnología de asistencia se pueden usar para bebés, niños pequeños, niños y jóvenes con discapacidades según lo exigen las Partes B y C de IDEA. El uso de dispositivos y servicios de AT es de vital importancia para muchos niños con discapacidades, ya que pueden mejorar en gran medida la experiencia educativa, mejorar los resultados educativos y postescolares, y ayudar a desarrollar habilidades y aptitudes importantes. Estos dispositivos y servicios d eben estar disponibles, y ser accesibles y apropiados para los niños con discapacidades y sus familias. Todos tenemos un papel que desempeñar para garantizar el acceso a los dispositivos y servicios de AT necesarios para niños con discapacidades. Considere estos ejemplos de dispositivos de AT para niños con distintas discapacidades: • Software de conversión de texto a voz para escuchar materiales digitales o software de subtítulos para acceder a videos. Estas herramientas pueden ayudar a los niños co n discapacidades a acceder y comprender el contenido de los cursos de manera más efectiva, lo que puede conducir a mejores resultados académicos y una mayor comprensión del material. • Dispositivos de predicción de palabras para ayudar con la escritura y la comunicación. Estos dispositivos de AT permiten que los niños con discapacidades participen en clase y completen tareas junto con sus compañeros sin discapacidades. Así, se rompen barreras que, de otro modo, podrían impedirles participar plenamente en el proceso educativo. • Dispositivos de comunicación aumentativos y alternativos para ayudar a los niños con discapacidades a comunicarse con maestros, compañeros y sus familias. Esto no solo ayuda a desarrollar habilidades de comunicación, sino que también ayud a a mejorar su autoestima y confianza, lo que puede tener un impacto positivo en su bienestar general. • Horarios visuales y cronómetros visuales para comprender mejor las rutinas diarias y el paso del tiempo. Estos dispositivos de AT permiten que los niños con discapacidades 2 Título 34 §300.324(a)(2)(v) y (b)(2) del C.F.R. Página 3 – Carta a los colega s estimados sobre la provisión de dispositivos y servicios de tecnología de asistencia para niños con discapacidades bajo IDEA 3 participen en las actividades diarias de manera oportuna y comprendan qué se espera de ellos. Es fundamental que los miembros del IFSP y del equipo del IEP comprendan cómo adquirir, implementar y evaluar los dispositivos y servicios de AT para niños con discapacidades. Le alentamos a leer la guía adjunta y le agradecemos por apoyar a los niños de nuestra nación para que aprovechen al máximo su educación. Atentamente, /f/ Glenna Wright Gallo Sub secretar ia Oficina de Educación Especial y Servicios de Rehabilitación /f/ Roberto J. Rodríguez Sub esecretario Planificación, Evaluación y Desarrollo de Políticas