www.StarTraining.org Objective Assistive Technology & the IEP - PDF document

Presented via Webinar 02/13/2013 www.StarTraining.org Objective Assistive Technology & the IEP Nancy Anderson, J.D. Identify key factors in how an IEP Team should consider Alabama Disabilities Advocacy Program a student’s need for Assistive Technology (AT) and nanderso@adap.ua.edu why. Laura Parks, M.Ed. Assistive Technology Specialist T.A.S.C. and STAR Training lparks@ucphuntsville.org IDEA’s Definition of 2012 ADAP Parent AT Survey Assistive Technology Device Any item, piece of equipment, or product system , whether For Children NOT Using AT, Was it Considered at IEP Meetings? acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve Yes the functional capabilities of a child with a disability. The term does not include a medical device that is surgically No implanted, or the replacement of such device. 20 U.S.C. § 1401(1); 34 CFR § 300.5 IDEA’s Definition of IDEA’s Definition of Assistive Technology Device Assistive Technology Device Any item, piece of equipment, or product system, whether Any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or acquired commercially off the shelf, modified, or customized , that is used to increase, maintain, or improve customized, that is used to increase, maintain, or improve the functional capabilities of a child with a disability. The the functional capabilities of a child with a disability . The term does not include a medical device that is surgically term does not include a medical device that is surgically implanted, or the replacement of such device. implanted, or the replacement of such device. 20 U.S.C. § 1401(1); 34 CFR § 300.5 20 U.S.C. § 1401(1); 34 CFR § 300.5 Nancy Anderson Laura Parks 1

Presented via Webinar 02/13/2013 www.StarTraining.org IDEA’s Definition of Assistive Technology Service Assistive Technology Device “Any service that directly assists a child with a disability in the Any item, piece of equipment, or product system, whether selection, acquisition, or use of an assistive technology acquired commercially off the shelf, modified, or device,” including: customized, that is used to increase, maintain, or improve a) Evaluating a child’s AT needs; the functional capabilities of a child with a disability. The b) Purchasing, leasing, or otherwise acquiring an AT device; term does not include a medical device that is surgically c) Selecting, designing, fitting, customizing, adapting, applying, implanted, or the replacement of such device . maintaining, repairing, or replacing AT devices; 20 U.S.C. § 1401(1); 34 CFR § 300.5 Assistive Technology Service (cont.) Where does AT fit into the IEP? d) Coordinating and using other therapies, interventions, or (1) Special education under § 300.36 services with AT devices; (2) Related services under § 300.34 e) Training or technical assistance for a child with a disability or, if appropriate, that child’s family; and (3) Supplementary aids and services f) Training or technical assistance for professionals, employers, under § 300.38 and § 300.114(a)(2)(ii) or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of that child. 20 U.S.C. § 1401(2); 34 CFR §300.6 SPECIAL INSTRUCTIONAL FACTORS Items checked “YES” will be addressed in this IEP: Does the student have behavior which impedes his/her learning or the YES NO • learning of others? [ ] [ ] Does the student have limited English proficiency? [ ] [ ] • The IEP shall consider whether the child Does the student need instruction in Braille and the use of Braille? [ ] [ ] • Does the student have communication needs (deaf or hearing impaired [ ] [ ] • requires assistive technology devices and only)? Does the student need assistive technology devices and/or services? [ ] [ ] • services. Does the student require specially designed P.E.? [ ] [ ] • Is the student working toward alternate achievement standards and [ ] [ ] • 34 CFR § 300.346 (a) (2) participating in the Alabama Alternate Assessment? Are transition services addressed in this IEP with an annual goal(s)? [ ] [ ] • 34 CFR § 300.324(a)(2)(i)-(v) Nancy Anderson Laura Parks 2

Presented via Webinar 02/13/2013 www.StarTraining.org Have you ever considered buying a To Consider Car? ∗ Why do you need a new car? ∗ What do you need the new car to be able to do? To think about something ∗ Research ∗ Test Drive carefully before making a decision ∗ Crunch the numbers ∗ Decision or developing an opinion. ∗ Not always happy ∗ Live with it? ∗ Pimp your ride? ∗ Sell and buy another? Consideration Pointers Possible Decisions • All students with disabilities • It’s a TEAM activity • AT not needed • Informed by knowledge and skills • AT already being used • Guided by the student's IEP goals and objectives • “Show me the money” (i.e. data, evidence) • AT needs to be tried • Not just what you have in the closet or what’s the cheapest • Not sure if or what AT is needed • Document the process and its results in the IEP, including supporting evidence Adapted from WATI http://natri.uky.edu/assoc_projects/qiat/qualityindicators.html Considering AT for Matt Matt • 4 th Grader • Illegible, slow handwriting Decision: AT needs to be tried • Does not like to write • OT has tried various pencil grips, lined Matt will try using the classroom paper, visual motor activities computers to type assignments requiring • No spelling concerns more than a paragraph to see if it can • No language organizational concerns increase his speed and quality of writing. • Beginning typing skills (6-8 words per minute) Nancy Anderson Laura Parks 3

Presented via Webinar 02/13/2013 www.StarTraining.org Considering AT for Brian Brian • 10 th Grader Decision: AT already being used • Independently uses the Uses a wireless joystick to access the • computer to type using joystick computer in the classroom and an and onscreen keyboard onscreen keyboard to type all notes and • Is taking Calculus assignments (IT Joystick & Click N Type • Enjoys reading electronic books Keyboard) and listening to audio books Brian Considering AT for Emilio • 2 nd Grader Decision: AT already being used • Intellectual Disability Uses specialized math software to enable • Primer Reading Comprehension • him to type formulas (efofex) • Struggles with oral comprehension Due to his print disability, he receives • • Extended standards electronic and audio books from AIDB, • Mastered all IEP goals with Bookshare, Learning Ally, and NLS. accommodations & modifications Emilio Considering AT for Angelina • 8 th Grader Decision: AT not needed • Struggles with organization IEP team has no concerns with • Late turning in assignments Emilio being able to access his • Forgets project due dates curriculum in the least restrictive • Misses afterschool activities including cheerleading environment. • Diagnosed with executive function disorder Nancy Anderson Laura Parks 4

Presented via Webinar 02/13/2013 www.StarTraining.org Angelina Assistive Technology Decision: Not sure if or what AT is needed. Legal Basics Angelina has not been successful using a daily planner or calendar. She has a android based smart phone (i.e. enough to get you started) and would like to use that. The IEP team is not sure which app could help her but will explore options and begin trying various apps after spring break to determine which one may best assist her in high school. Assessing the Need for AT Denial of AT can be a Denial of FAPE “[E]ach public agency must ensure that, as part of its Part B Each public agency must ensure that a student with a disability receives the AT educational evaluation when warranted by the child's suspected necessary for FAPE. The determination as to whether the AT is necessary for disability, it assesses, in accordance with the [IDEA’s] evaluation FAPE is to be made by the student's IEP team, and the relationship that must requirements …, the student's functional capabilities and whether they may be increased, maintained, or improved through the use of exist is between the student's educational needs and the device or service. assistive technology devices or services. …The evaluation should Letter to Naon , 22 IDELR 888 (OSEP 1995). provide sufficient information to permit the IEP team to determine Failure to provide a student with AT is a denial of FAPE if that student is unable whether the student requires assistive technology devices or to obtain a meaningful education without such technology . services in order to receive FAPE.” High v Exeter TP School Dist. WL 363832, 5. E.D.Pa. 2010. Letter to Fisher , 23 IDELR 565 (OSEP 1995) Assessing the Need for AT Assessing the Need for AT District failed to do any assessment prior to providing an State Department of Education investigation determined that IEP AT device to a nonverbal child with an intellectual disability, Team violated the IDEA when it provided no documentation of why citing to Letter to Fisher regarding the obligation to it disagreed with an AT evaluator’s recommendation that a student evaluate the need for AT. be provided AT to assist with her reading and writing needs. Clark County School District , 111 LRP 60397 (SEA NV 07/21/11). Baltimore City Public Schools, 110 LRP 72182 (June 21, 2010). Nancy Anderson Laura Parks 5