Pop-Up IEP

9. "Sorry, our school is not equipped with and does not have the money for the assistive technology your child needs."

Federal Regulations:

Section 300.105(a)(b) 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).

(b) On a case-by-case basis, the use of school-purchased assistive technology devices in a child's home or in other settings is required if the child's IEP Team determines that the child needs access to those devices in order to receive FAPE.

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

(d) PURPOSES—The purposes of this title are—
(1)(A) to ensure that all children with disabilities have available to them a free appropriate education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living;

Section 602 Definitions

(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.

(2) ASSISTIVE TECHNOLOGY SERVICE – The term ‘assistive technology service’ means any service that directly assists a child with a disability in the selection, acquisition or use of any assistive technology devices. Such term includes--

(A) the evaluation of the needs of such child, including a functional evaluation of the child in the child’s customary environment;
(B) purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by such child;
(E) training or technical assistance for such child, or, where appropriate, the family of such child
(F) training or technical assistance for professionals…

Section 614 (1)
(A) (i) Definitions …IEP means… and …includes

(IV) a statement of the special education and related services and supplemental aids and services…and a statement of the program modifications or supports for school personnel that will be provided for the child --

(bb) to be involved in and make progress in the general education curriculum … and to participate in the extracurricular and other nonacademic activities; and
(cc) to be educated and participate with other children with disabilities and nondisabled children …(d) Individualized Education Programs—(3) DEVELOPMENTOF IEP—

(B) CONSIDERATION OF SPECIAL FACTORS—The IEP Team shall—

(v) consider whether the child needs assistive technology devices and services.

Read the Law

Additional Information

Collabortive effort between the
National Center on Severe and Sensory Disabilities
and the National Organization of Parents of Blind Children