Michigan Protection & Advocacy Services, Inc

Assistive Technology (AT) in Special Education

Mark McWilliams, Education Team

Michigan Protection & Advocacy Service, Inc. (MPAS)

Updated October 2007

9/19/07 MPAS Spec Ed & AT 3

About MPAS• Our mission is to advance the dignity,

equality, self-determination, and expressed choices of individuals.

• MPAS provides information and referral, written materials, training and technical assistance, and individual and systemic representation in selected areas.

The Basics

9/19/07 MPAS Spec Ed & AT 5

Access for All• Children are eligible based on

category or functional limitation.• Access includes access to general

curriculum, standardized tests, nonacademic/extracurricular events.

• AT can be used to provide this access, either as special education or as a related service.

9/19/07 MPAS Spec Ed & AT 6

Multidisciplinary Evaluation

• Evaluations must address eligibility, program needs, participation in general education.

• AT evaluations may address hearing, vision, communication, motor abilities.

• Evaluations must be conducted within 30 school days after consent granted – timeline starts with a written request.

9/19/07 MPAS Spec Ed & AT 7

Individual Planning/Goals

The Individualized Education Program (IEP) describes special education services and supports.

The critical parts of the IEP are:• Present level of performance;• Measurable annual goals; and,• Instruction and services to meet goals,

including AT devices and AT services.

9/19/07 MPAS Spec Ed & AT 8

Definition of AT• An AT device is any item, piece of

equipment, or product system that is used to increase, maintain, or improve a student’s functional abilities.

• An AT service is any service that directly assists a student in the selection, acquisition, or use of an AT device.

(34 CFR 300.5, 300.6)

9/19/07 MPAS Spec Ed & AT 9

Free and Appropriate• A free appropriate public education

(FAPE) is free, planned using the IEP process, and reasonably calculated to confer educational benefit.

• FAPE is not the best education, a place, a choice of teacher, a choice of school building, or a choice of methodology.

9/19/07 MPAS Spec Ed & AT 10

AT Exception

The surgically implanted medical device exception excludes from AT “a medical device that is surgically implanted, the optimization of that device’s functioning (e.g. mapping), maintenance of that device, or the replacement of that device.”

(34 CFR 300.34(b)(1))

9/19/07 MPAS Spec Ed & AT 11

With the Exception

A school must still perform routine checks of external components of a device; and, monitor and maintain devices necessary for health and safety (including breathing, nutrition, other functions).

(34 C.F.R. §300.34(b)(2)), 300.113)

9/19/07 MPAS Spec Ed & AT 12

Benefit and Home Use• AT devices and services can be

part of a program that is “reasonably calculated to confer educational benefit.”

• Home use should be allowed if necessary to provide FAPE. (34 CFR 300.105(b))

9/19/07 MPAS Spec Ed & AT 13

Least Restrictive Environment

• Students with disabilities must go to school with their nondisabled peers “to the maximum extent appropriate.”

• Students with disabilities may be segregated only when the nature or severity of their disabilities prevents education in a general ed school, even with aids and supports.

9/19/07 MPAS Spec Ed & AT 14

More about FAPE

• National Instructional Materials Accessibility Standards (NIMAS) – Appendix C to Part 300 – AT may play a role in making instructional materials accessible.

• Technology-based instructional programs are not AT devices, but can be provided if necessary to ensure FAPE.

9/19/07 MPAS Spec Ed & AT 15

Participation/Due Process• Notice• Opportunity to inspect records • Due process hearing• Compliance complaint• Independent educational evaluation• Mediation• OCR/504 complaint

9/19/07 MPAS Spec Ed & AT 16

The Three Books of Rights - IDEA

• Individuals with Disabilities Education Act (IDEA), 20 USC 1400, 34 CFR Part 300, 71 FR 46753.

• IDEA Rules or IDEA Rules 2

9/19/07 MPAS Spec Ed & AT 17

The Three Books of Rights - Michigan

• Michigan Revised Administrative Rules for Special Education, R340.1701 – 1873

• Rules and updates (2002 rules plus supplements)

9/19/07 MPAS Spec Ed & AT 18

The Three Books of Rights – Section 504

• Section 504, federal Rehabilitation Act, 29 USC 794, 34 CFR Part 104.

• Rules and FAQs (PDF)• Rules and FAQs (web)

Questions?

9/19/07 MPAS Spec Ed & AT 19

Common Problems

9/19/07 MPAS Spec Ed & AT 21

Common Problems 1

o Problem: “The school never acted on my verbal evaluation request.”

o Reason: In most cases, timelines don’t begin until the school receives a written request to do something.

o Solution: Call the district, make the request, follow up with a letter or note.

9/19/07 MPAS Spec Ed & AT 22

Common Problems 2o Problem: “The school says my

prescription or report is not enough.”o Reason: The need for AT devices

and services must relate specifically to educational needs.

o Solution: Ask your clinician to explain if and how AT devices and services meet educational goals.

9/19/07 MPAS Spec Ed & AT 23

Common Problems 3o Problem: “The school won’t give my

child any AT devices or services.”o Reason: AT devices and services

must be designed to meet an IEP goal.o Solution: Check the IEP goals to

make sure they are complete and robust; suggest a review if necessary.

9/19/07 MPAS Spec Ed & AT 24

Common Problems 4o Problem: “I don’t agree with the way

the school is teaching my child.”o Reason: Methodology is the school’s

choice, but it must be reasonably calculated to help your child learn.

o Solution: Schedule regular reviews to discuss progress; insist on different methods if current ones don’t work.

9/19/07 MPAS Spec Ed & AT 25

Common Problems 5o Problem: “The school wants to bill my

insurance or Medicaid for a device.”o Reason: Schools can bill outside

sources, with your consent, if they do not violate the “free” requirement.

o Solution: Check your benefits to make sure there is no cost to you; refuse consent to a billing if there is a cost.

9/19/07 MPAS Spec Ed & AT 26

Common Problems 6o Problem: “The school wants to bill me

for damage to an AT device.”o Reason: Schools can hold a family

responsible for damage from misuse but not for regular wear and tear.

o Solution: Check district policy that applies to all students; clarify any responsibility up front (in the IEP).

9/19/07 MPAS Spec Ed & AT 27

Common Problems 7o Problem: “The school is not providing

or using AT written in my child’s IEP.”o Reason: Usually it’s a lack of money

or staff knowledge, neither of which can excuse the school’s inaction.

o Solution: Use the complaint process if necessary to complain about legal violations or failure to provide FAPE.

9/19/07 MPAS Spec Ed & AT 28

Common Problems 8o Problem: “I don’t agree with what the

school district’s evaluator said.”o Reason: There may be problems with

standardized tests or different interpretations of the same information.

o Solution: Ask for an explanation; request an independent evaluation.

Any Questions?

9/19/07 MPAS Spec Ed & AT 29

9/19/07 MPAS Spec Ed & AT 30

Thank you for Attending!

MPAS

Michigan Protection & Advocacy Service, Inc.

4095 Legacy Parkway, Suite 500

Lansing, MI 48911

(517) 487-1755 or (800) 288-5923

www.mpas.org