What is the role of the Maine CITE Project?
What is an assistive technology device?
What is an assistive technology service?
Are children ages birth to 5 eligible to receive assistive technology devices and services?
What kinds of devices qualify as assistive technology and must be provided for by school districts?
How should transportation of assistive technology devices be considered?
How does assistive technology get integrated into the curriculum?
Can children take assistive technology device(s) home?
Can schools require children to bring family owned assistive technology device(s) to school?
Question 1: What is the role of the Maine Department of Education in assuring that assistive technology needs of Maine children are met?
Response: The Department of Education is primarily responsible for the provision of information, technical assistance, support and monitoring for the implementation of the AT requirements contained in the Individuals with Disabilities Education Act (IDEA). The department's Office of Special Services is responsible for leadership, administration and support regarding the implementation of IDEA.
Examples of current Department of Education involvement in the area of assistive technology include but are not limited to:
Question 2: What is the role of the Maine CITE Project?
Response: Maine CITE supports the Maine Department of Education in providing technical assistance and information to local school districts and the public. Maine CITE staff take an active role in reviewing, commenting on and assisting in implementation of Maine's laws and regulations regarding access, evaluation, and acquisition of AT devices and services, electronic and information technologies and universal design. The Maine Department of Education recognizes that a long range planning effort is important to ensure the creation of cost-effective and educationally appropriate model forms, policies, practices and procedures that incorporate assistive technology.
A major responsibility of the Maine CITE Project, therefore, centers on the provision of general information and technical assistance to the Maine Department of Education, local SAUs, parents and the general public. Examples of the types of technical assistance and information which Maine CITE provides include but are not limited to:
Question 3: What are the roles and responsibilities of local school districts and the regional Child Development Services site?
Response: The roles of the local school district/ regional Child Development Services (CDS) site are to utilize the Individual Education Program (IEP) or Individualized Family Service Plan (IFSP) development process to determine individual assistive technology needs, and then to provide assistive technology devices and services set forth in each IEP/ IFSP. In order to do this, local districts and regional CDS sites may develop specific procedures for addressing the following issues: the need for staff and user training, the development of IEPs or IFSPs, the acquisition and maintenance of assistive technology devices, the provision of assistive technology services and the identification and access of other available funding sources (i.e., Medicaid, private insurance, Vocational Rehabilitation).
If there are questions regarding the availability of and access to AT devices and services for a particular child, you should contact the local administrator of special education or the regional CDS director. He or she will be able to explain the policies and procedures which have been developed in the child's School Administrative Unit (SAU) or regional CDS site.
Question 4: What is an assistive technology device?
Response: The term "assistive technology device" as used in the Maine Special Education Regulations means "any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of children with disabilities" (Chapter 101, § 2.2 and Chapter 180, § 3A and 3AA).
Question 5: What is an assistive technology service?
Response: The term assistive technology service as used in the Maine Special Education Regulations means "any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device." The term includes:
A) The evaluation of the needs of a child with a disability, 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 children with disabilities;
C) Selecting, designing, fitting, customizing, adapting, applying, retaining, repairing, or replacing assistive technology devices;
D) Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;
E) Training or technical assistance for a child with a disability or, if appropriate, that child's family; and
F) Training or technical assistance for professionals (including individuals providing education or rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of children with disabilities" (Chapter 101, § 2.3 and Chapter 180, § 3A and 3AA).
Question 6: What are the provisions of the Individuals with Disabilities Education Act (IDEA) that support funding and/ or provision of assistive technology devices and/ or services?
Response: The Individuals with Disabilities Education Act contains six programs, services and administrative sections that can be viewed as supporting potential funding of assistive technology. Each of these terms is described below.
1. Free Education
The "free" in free appropriate public education (FAPE) is significant to children with disabilities who may require assistive technology. As stated in the statute and regulations, all aspects of the special education and related services provided to a child with disabilities must be "at no cost to the parents." This "at no cost" rule prohibits regional CDS sites and school districts from excluding assistive technology devices and/ or services on the Individual Education Program (IEP) or Individualized Family Service Plan (IFSP) based on its expense. The only time "cost" can be a consideration is where two equal alternatives exist that would each enable the child to receive an "appropriate" education. In this case, the school or site may choose the less expensive option (See Chapter 101, §1.3 Free Appropriate Public Education, §18.8 User of Third Party Funding, See Chapter 180, § 8 re: Third Party Liability and "At No Cost").
2. Special Education
"Special education" is defined in the Individuals with Disabilities Education Act and in Maine Special Education Regulations as:
"Specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability, including i) Instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and ii) Instruction in physical education" (20 U. S. C. 1401( 25); 34 C. F. R. Section 300.26).
The most important part of this definition is that the instruction is "specially designed" to "meet the unique needs" of a child. Based on the individual child's needs, the "special design" may be minimal or intensive.
3. Related Services
As stated in the IDEA and the Maine Special Education Regulations, "related services" means: "... transportation and such developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education, and includes speech pathology and audiology, psychological services, physical and occupational therapy, recreation, early identification and assessment of disabilities in children, counseling services, including rehabilitation counseling, and medical services for diagnostic or evaluation purposes. The term also includes school health services, social work services in schools, and parent counseling and training" (20 U. S. C. 1401 (22); 34 C. F. R. § 300.24).
In order for a child with a disability to receive a related service, it must be established that the service is required to assist a child with a disability to benefit from special education. All children, regardless of the severity of their disability, are presumed to have needs that can be addressed by specially designed instruction and are entitled to any related services that will assist the specially designed instruction.
4. Least Restrictive Environment
The IDEA requires special education and related services be provided "to the maximum extent appropriate" in the least restrictive environment (LRE) (20 U.S.C.1412(a)(5); 34 C.F. R.§ 300.550 (b)(1). LRE uses as a comparison the educational placement the child would be in if she/ he had no disabilities. Children with disabilities have the right to attend schools and classes in schools closest to their homes and with children who do not have disabilities. Children with disabilities are removed from these least restrictive settings and placed in a more restrictive environment only when their individual educational needs warrant. LRE is one of the assurance requirements contained in the state plan which is mandatory if a state is to be deemed eligible to receive federal funding.
In implementing this LRE requirement, school districts or regional CDS sites must make available a "continuum of placements" (34 C.F.R. 300.550-.556). This means that a district must operate and/or contract for a wide range of educational settings such as regular education classes, resource classes, public separate day schools, private separate day schools, public residential placements, private residential placements and homebound and hospital placements. It is important to realize that throughout this range of placements, children with disabilities must receive the special education and related services as well as the supplementary aids and services they require. In the IDEA Amendments of 1997, the term supplementary aids and services is defined for the first time (20 U.S.C.1401(29); 34 C.F. R. § 300.28). Supplementary aids and services are always tied to the child's placement and should be viewed as the devices and services children with disabilities require in order to achieve or most closely approximate the abilities of children who do not have disabilities.
In addition, the LRE requirement must be applied to every school subject and every activity. Educational performance is defined in the Maine Special Education Regulations (§ 2.7). Schools must consider each piece of the school experience separately. Some children may need supplemental aids and services in order to participate in some academic subjects, lunch, physical education, music, art, assemblies, field trips, or extra curricular activities. Others may not need supplemental aids and services in order to participate in these activities. The child's IEP must state the degree to which the child will be in regular education and what, if any, related services and supplemental aids and services will be provided.
LRE for children birth through five is addressed in Chapter 180,§ 5. Finally, the supplemental aids and services requirements are extremely important as they relate to assistive technology. The August 10, l990 Office of Special Education Programs (OSEP) letter confirms the relationship of supplemental aids and services when it expressly states that assistive technology can be considered an LRE factor. As an LRE factor, assistive technology is tied to maximizing the child's ability to be in regular education, and to participate in learning and other activities with children who do not have disabilities (16 EHLR 1317 OSEP, 1990).
5. Staff Development
The IDEA recognizes that in order to be successful, the instructional staff, the administrative staff and the services staff must be aware of the goals of the statute, must be trained appropriately to carry out the goals, and must be aware of and amenable to replicating successful programs in other districts (20 U.S. C.§ 1412(a)(14); 34 C.F.R §.300.380).
The IDEA's staff development requirements are extremely important in regard to assistive technology. One of the most important issues relating to special education is the lack of knowledge about successful programs and a failure to adopt new approaches and techniques. The inclusion of assistive technology service within the IDEA should be read in conjunction with the obligation to provide staff development. Staff development includes training for professionals as an assistive technology service (20 U.S. C. Section 1401(a)(26). If appropriate, in order to meet the individual educational goals of the child, training in the use and operation of assistive technology for teachers and others working with the child with disabilities such as occupational therapists, speech/ language pathologists, physical therapists, peers and/ or family can be written into the IEP as an assistive technology service.
6. Procedural Safeguards
The IDEA rejects the practice of school districts or regional CDS sites offering a "one size fits all" with regard to educational programs. All aspects of the educational program for a child with disabilities must be developed according to a set of standardized procedures. This standardized set of procedures applies to all school districts around the country. The appropriate services provided to the child should be the same regardless if the district is a rich, large, urban district or a poor, small rural one. These "safeguards" ensure that a child's educational program will be teaching meaningful skills with recognition of the unique aspects of the child.
Question 7: Are there provisions in the Americans with Disabilities Education Act (ADA) that support the provision of assistive technology devices and/ or services?
Response: One section of the ADA warrants further attention. The ADA regulations specifically mention the obligation of providing assistive technology devices, when necessary, to accommodate an individual with a disability. Title II of the ADA, Public Accommodations, requires public entities to provide auxiliary aids and services when necessary to eliminate discrimination against individuals with disabilities, unless an undue burden would result. The definition of auxiliary aids and services contained in Title II (28 C. F. R. 35.104) includes the following:
"a. Qualified interpreters, note takers, transcription services, written materials, telephone handset amplifiers, assistive listening systems, telephones compatible with hearing aids, closed caption decoders, open and closed captioning, TTY's, videotext displays, or other effective methods of making aurally delivered materials available to individuals with hearing impairments.
b. Qualified readers, taped tests, audio recordings, large print and Brailled materials, or other effective methods of making visually delivered materials available to individuals with visual impairments.
c. Acquisition or modifications of equipment or devices; and
d. Other similar services and actions."
In addition, Title II of the ADA states that physical barriers in existing facilities must be removed, if removal is readily achievable. If not, alternative methods of providing the services must be offered, if they are readily achievable.
Question 8: Are there provisions in Section 504 of the Rehabilitation Act of 1973 that support the provision of assistive technology devices and/ or services?
Response: Section 504 of the Rehabilitation Act of 1973 does not specifically include an obligation that school districts provide assistive technology devices or services. Children are not required to be eligible to receive special education services in order to be protected under Section 504. However, Section 504 does require that general education programs provide nondiscriminatory access to all children with disabilities. Children are eligible for Section 504 as long as they meet the definition of a qualified person with a disability. All children with disabilities who are educated under IDEA are also covered by Section 504.
Question 9: Must local schools and regional CDS sites be accessible for children with mobility impairments?
Response: Yes. One option that is NOT available to schools or regional CDS sites is to send the child with mobility impairments to other districts or CDS sites. On the contrary, school units and CDS sites must place children with mobility impairments in their home districts. If none of the schools in the home district are accessible, modifications to at least one school must be made in order for the child with mobility challenges to be enrolled. For CDS regional sites, the child should be served in the least restrictive environment. The Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act, 1973 require accessible passenger loading areas, designated parking spaces, and an accessible route to the school's entrance. In addition, consideration should be given to accessibility of hallways and interior doorways, bathrooms, water fountains, libraries, gymnasiums, auditoriums and other sites where school activities are held. If one of the classes or programs is available at only one location and that location is not accessible, Section 504 requires that the class or program be moved, or the location made accessible. Section 504 gives schools choices concerning how but not whether physical barriers are removed. Children with mobility impairments do not have to accept lesser academic or non-academic opportunities simply because of mobility challenges.
Question 10: Are children ages birth to 5 eligible to receive assistive technology devices and services?
Response: Early intervention services, as defined in Part C of IDEA (20 U.S. C. 1400 et seq.), are provided to children ages 0 to 2 years on the basis of a sliding fee scale. Special education services are provided to children ages 3 to 5 years at no cost to the family. In general, if the device meets the legal definition of an assistive technology device and the Individual Family Service Plan (IFSP) or the Individual Education Program (IEP) specifies that the provision of an AT device and/ or service is necessary, then the regional Child Development Services (CDS) site is responsible for providing the device and/ or service.
Question 11: What kinds of devices qualify as assistive technology and must be provided for by school districts?
Response: In general, if the device meets the legal definition of an assistive technology device and the IEP specifies that its provision is necessary, for the student to receive FAPE, then school districts are responsible for providing the device. Examples of the types of equipment students might require have been provided in numerous OSEP letters of clarification. These include but are not limited to eyeglasses (1/13/95), hearing aids (11/19/93), a calculator (4/24/92), an FM auditory system (4/6/ 92) and a CCTV (11/27/91); these have all been considered an assistive technology device for individual students.
Examples of other types of AT which have been provided to Maine students to accommodate individual educational and learning needs include but are not limited to audio books, verbally described text, display changes with text format, size, spacing and color, Braille, computers, alternative keyboards, trackballs, mouth sticks, touch screen, keyguard, pencil grip, switch, augmentative alternative communication system, text to speech software, spelling and grammar check, talking dictionary, speech to text software and word prediction software.
Question 12: Must assistive technology devices and services be considered during the development of the Individual Education Program?
Response: Yes. According to the 1999 Maine Special Education Regulations, Chapter101, as part of the development or revision of each student's IEP, the pupil evaluation team shall consider whether the student requires assistive technology devices and services. Refer to Appendix C for example formats.
Question 13: How should transportation of assistive technology devices be considered?
Response: When the Pupil Evaluation Team (PET) determines that the student needs to take the assistive technology device( s) out of the school building such as home or to a school activity, the safe transport of the device should be examined and addressed in the student's IEP. When selecting an AT device, transporting the device to and from school should be considered. Refer to Appendix A for specific questions which might be appropriate to ask.
Question 14: Can school district administrators prohibit personnel from including assistive technology devices and services in the IEP?
Response: No. IEP teams are charged with the responsibility for determining a student's individual need for AT devices and services in order to benefit from his/her education and to have access to the general curriculum. If it is determined that AT devices and/ or services are necessary in order for the student to receive FAPE in the least restrictive environment, the IEP must specify the devices and services. If any type of device or service is necessary to insure FAPE for the student, then the district must provide the required device or service regardless of cost. However, if a less expensive device or service would accomplish the same goals, the IEP team is under no obligation to choose a more expensive option.
Question 15: How does assistive technology get integrated into the curriculum?
Response: The determination of need for AT devices or services should be made in light of the student's educational strengths and needs. For example, the use of a calculator, a word processor, an adaptation to existing classroom computers, or an augmentative communication aid might be necessary for the student to participate in the regular curriculum, participate in the Maine Educational Assessment (MEA) or to achieve the Maine Learning Results (MLR). Appropriate integration of AT into the classroom enables a student with a disability to perform the same tasks, attain the same learning objectives, and achieve the same educational goals as the non disabled peer.
Question 16: How and when are decisions made regarding assistive technology and the student's participation in the Maine Educational Assessment (MEA)?
Response: The decision regarding a student's participation in the MEA is made by the Pupil Evaluation Team (PET) during the development of the IEP. These decisions should be made on an individual basis and no decision should be based on general characteristics of children with disabilities or categories of disability. Guidance for making these kinds of decisions is provided in a Maine Department of Education document, "The Policies and Procedures for Accommodations." This document outlines a variety of possible accommodations but this list is not considered to be an all-inclusive one.
Question 17: How are assistive technology issues regarding transition considered in guiding the Individual Education Program (IEP) development?
Response: When a child reaches the age of 14, it is important to have individuals on the PET who are knowledgeable about assistive technology and transition issues. While the school environment remains fairly consistent, during transition years the young person often moves from school to community. Assistive technology needs will vary depending on the environment. When considering transition services for young people, the questions to be answered should not be limited to solely areas of academic achievement. An "outcome oriented approach" means that discussion areas include the goals for this individual as he/ she reaches adulthood, where the young person is now in reaching that goal, and what will be needed between now and the time the young person completes high school or ages out to be ready to meet those goals? Examples of the types of questions that the PET might consider include but are not limited to:
See Appendix C for additional considerations.
Question 18: Are there any places in Maine that offer the opportunity to try out equipment before a purchase is made for a child?
Response: Yes. The Technical Exploration Center of UCP (TEC) is available for its members (individuals, families, educators or employers) to borrow equipment for use at home, daycare, in school, or on the job. Using equipment in customary environments helps to ensure that a piece of equipment is right before making a purchase. For more information contact TEC at 207-941-2952.
The Maine Center for Assistive Technology and Software (MECATS) at the University of Southern Maine is a preview facility that provides teachers, families and students of all ages and abilities the opportunity to review software and assistive technology devices. MECATS has a fully accessible computer lab for reviewing software and assistive devices. Videotapes describing how to set up various AT devices are available for loan. In addition, MECATS provides information, professional development and technical assistance. For more information contact MECATS at 207-780-5016 (V/TTY) or 800-800-4876 x5016 (V/TTY), 207-780-5224 Fax or visit their Web site: ALLTech
The University of Maine at Farmington (UMF) Center for Assistive Technology is a resource offered free to UMF students, faculty, professionals in the community, individuals with disabilities, and their families. The Center for Assistive Technology provides information about assistive technology (AT), how to use and evaluate various devices, and a place to view AT equipment. Visitors may sign out materials. During the academic year, the Center is staffed by students and operates Monday through Thursday from 1 to 5 pm. The Center for Assistive Technology is located on the campus of the University of Maine at Farmington in 106 Ricker Addition. For more information contact the Center for Assistive Technology at 207-778-7525 (voice), 207-778-7000 (TTY) (only during academic year) or visit their web site. For information during the academic recess, send e-mail to Lorraine Spenciner.
The Iris Network, formerly known as the Maine Center for the Blind and Visually Impaired, offers hands-on opportunities for children or adults who are blind or visually impaired. Iris Network clients can try out various computer hardware and software options with the assistance of a trained computer access specialist. For more information, contact the Iris Network at 207-774-6273 or 800-715-0097 (v/TTY), 207-774-0679 Fax or visit their web site: The Iris Network
Question 19: Can students take assistive technology device( s) home?
Response: If Federal funds are used to purchase the device, then according to EDGAR, the school or regional CDS site owns the device. If state or local education funds are used to purchase the device, then according to state educational financing laws, the school owns the device. If the state Medicaid program or other non-educational third party funder provides the funding for the device, then ownership of the device is interpreted based on existing policy related to the specific source of funding. These facts, however, do NOT determine whether or not the device goes home with the child. To look strictly at ownership as the determining factor as to whether or not the assistive technology device goes home with a child could be viewed as discrimination. After all, school books are owned by the school and students are expected to take them home to do homework and to study. Why should assistive technology devices be viewed differently from other items considered to be school property?
AT may be necessary for the child to achieve educational benefits. Therefore, a more appropriate question may be to ask how the AT is expected to be used by the child in order to achieve educational benefit. In many instances the AT may be most closely compared to a part of the child's body, substituting for his/ her nonworking or impaired body part or function. Viewed in this way, it becomes obvious that a child would not be expected to leave a part of him/ herself at school at the end of the day or during vacations.
If the Pupil Evaluation Team (PET) determines that a particular assistive technology device is required for home use in order for the child to be provided a Free Appropriate Public Education (FAPE), and this is communicated in the Individual Education Program (IEP), then the AT must be provided and allowed to go home in order to implement the IEP (18 IDELR 627,1992). Discussion regarding liability while the device is at home needs to be held and recorded in the IEP. If the device is owned by the school, then the school's insurance policy should be checked to ensure that the AT device is covered.
Question 20: Can schools require students to bring a family owned assistive technology device(s) to school?
Response: No. There is no barrier to a child bringing his/ her AT from home to school, but schools have no authority to mandate that this occur. If the family agrees to allow the device to travel from home to school, then a discussion regarding liability while the device is transported to or is at school needs to be held and recorded in the Individual Education Plan (IEP). If a separate rider is necessary for the device to be covered under the family's insurance, then the school district should reimburse the family for this coverage. The family can and may insist that schools provide the necessary devices as part of the child's IEP even if the child has identical device( s) at home.
Question 21: Are assistive technology devices and assistive technology services considered medical and therefore not appropriate to consider in educational environments?
Response: Congress identified a wide range of related services in IDEA (20 U. S. C.1401(22); 34 C. F. R § 300.24) as educationally related. School units are not free to ignore this designation. Once a service or device is determined to be necessary for a child to benefit from his/ her special education program, then the service or device must be provided by the school. The educational/ medical distinction ceases to have any relevance or significance once there is a recognition of the connection between the service or device and the child's special education. The only alternative would be for the school to argue that the device or service is not needed at all.
Question 22: How do schools determine if the assistive technology device(s) constitute best vs. appropriate educational program?
Response: An educational program is "appropriate" when it provides education benefit and an equitable opportunity. This opportunity must be meaningful and equivalent to that offered to other students. More than a minimal benefit is required for the program to be considered appropriate. The IEP must have meaningful benefit to the student which means that it must provide for significant learning. To address if these benefits are appropriate or best, consider what the student's program is before the recommendation for AT is made. Questions to ask include:
Does the student have access to the same instruction and other activities that are available to his/ her non disabled peers?
Has the student reached the same level of social maturity, motor development, communication skill, etc. as his/ her age peers?
Is the child who is placed in the regular classroom receiving access to the regular curriculum?
Have educational and related service goals been set that will enable the student to achieve the same performance levels as age peers prior to his or her 21st birthday when educational entitlement ends?
AT would be considered best:
If the current level of services provided by the school affords the student the opportunity to develop the same skills to the same degree as his/ her peers; or,
If even with assistive technology device( s) and service( s), the student would not be able to develop these skills at a rate or to a degree significantly greater than he/ she would without the device(s) and service( s).
If these tenets are false, then assistive technology might be considered appropriate in meeting the educational goals of the student.
Question 23: Are there resources available to assist me in obtaining the most appropriate assistive technology devices and services?
Response: There are a number of parent, professional and advocacy organizations or associations which are available to offer appropriate assistance regarding assistive technology devices and services. Refer to Appendix B for specific listings.
Question 24: Do I have any options if the assistive technology device that was purchased does not operate appropriately and/ or is constantly breaking down?
Response: Yes. Maine has an assistive technology "Lemon Law" (Title 10MRSA Section 1500-1500F) which covers any type of adaptive equipment or assistive device bought after September 18, 1997 and is used by a person with a disability. This law says that a device may be taken back within thirty (30) days if the device does not do what you need it to do to help you. In addition, the Lemon Law gives a one year warranty period. If the device needs to be fixed within the first year, the company that made the device must fix it at no charge and provide a loaner as soon as practical to do so while the device is being fixed. If the problem persists, the law also contains a mechanism which allows you to return the device to the place where it was purchased and get a refund if desired. For more information on the Lemon Law contact the Disability Rights Center (Appendix B). If you would like a copy of the Lemon Law Fact Sheet, contact the Maine CITE Project.