What is Assistive Technology?
Assistive Technology (AT) plays an important role in providing a Free Appropriate Public Education (FAPE) to students with disabilities, a requirement of the Individuals with Disabilities Education Act (IDEA).
There are two forms of Assistive Technology. The first are AT devices, and the second AT services. An AT device is defined as “any item, piece of equipment, or product system, whether acquired commercially… modified, or customized, that is used to increase, maintain, or improve the functional capabilities of students with a disability.” AT services are “any service that directly assists an infant, toddler, or child with a disability in the selection, acquisition, or use of an AT device.” This includes evaluating a child for an assistive technology device, purchasing or lending AT devices, and the maintenance, customization, and replacement of AT devices. An AT device does not need to be a highly technical piece of equipment. AT devices can range from low-tech, such as a graphic organizer or pencil holder, to high-tech AT devices like a tablet or screen reader.
Assistive Technology (AT) and Individualized Education Plans (IEPs)
Assistive Technology is an important component of an Individualized Education Plan (IEP), and there are many regulations that govern the use, evaluation, and financing of Assistive Technology devices and services. Each time an IEP team meets to create or update a student’s IEP, the topic of Assistive Technology must be discussed. If the student currently uses AT as a part of their IEP, the team must evaluate the effectiveness of the AT on the student’s overall goals. Even if there is no AT currently in a student’s IEP, the need for Assistive Technology must still be addressed each time the IEP team meets.
How an Experienced Special Education Lawyer Can Help
Advocating for your child’s special education rights can be an overwhelming and confusing journey. An experienced educational advocate, like the education lawyers at Tully Rinckey, can help you navigate the process and ensure your child has the Assistive Technology they need to receive a Fair Appropriate Public Education (FAPE).
If you suspect your child’s school is violating your child’s IEP by failing to provide the necessary AT to give them a FAPE in New York State, contact the knowledgeable education attorneys at Tully Rinckey PLLC. With seven (7) offices across New York State (Albany, Buffalo, New York City, Rochester, Saratoga, Syracuse, White Plains), we provide statewide representation in all education law matters.