Pop-Up IEP

3. "We think the cane could pose a hazard to other students. We’d like your child to leave it at the door or in the locker."

Federal Regulations:

Section 300.105(a) Assistive technology.
(a) Each public agency must ensure that assistive technology devices or assistive technology services, or both, as those terms are defined in Sec. Sec. 300.5 and 300.6, respectively, are made available to a child with a disability if required as a part of the child's--

(1) Special education under Sec. 300.36;
(2) Related services under Sec. 300.34; or
(3) Supplementary aids and services under Sec. Sec. 300.38 and 300.114(a)(2)(ii).

IDEA 2004, (Public Law 108-446):

Section 601(c)(5)
Almost 30 years of research and experience has demonstrated that the education of children with disabilities can be made more effective by

(H) supporting the development and use of technology, including assistive technology devices and assistive technology services, to maximize accessibility for children with disabilities

Section 602(1)(A)
‘Assistive technology device’ means any item, piece of equipment or product system…that is used to increase, maintain, or improve functional capabilities of a child with a disability…

(26) ‘Related services’ means ….orientation and mobility services….
(33) ‘Supplemental aids and services’ means aids, services, and other supports that are provided in regular education classes or other education-related settings to enable children with disabilities to be educated with nondisabled children to the maximum extent appropriate…

Read the Law

Additional Information