Return to Table of ContentsAre schools required to pay for assistive technology devices and services?
Is it necessary to use IDEA, Part B monies to purchase assistive technology devices and services?
Can schools consider personal devices such as hearing aids and eyeglasses as assistive technology?
Question 38: Are schools required to pay for assistive technology devices and services?
Response: It is the responsibility of the school district to provide for the equipment, services or programs recommended in the Individual Education Program (IEP). Schools should always be mindful, however, that if the assistive technology devices and services appear in the IEP, then the school is responsible for providing for the identified assistive technology need(s). The school district may purchase the equipment, service or programs using federal, state, or local funds. The school district may also choose to access other sources such as Medicaid, Vocational Rehabilitation, the parents, and/or private health insurance policies, to pay for the devices, and services. The following points are critical to remember:
Schools cannot require the parents to pay for an assistive technology device(s) or service(s) identified on a child's IEP.
Schools cannot require parents' health insurance to pay for child's FAPE.
Schools can use Medicaid to pay for a child's FAPE.
Question 39: Can schools/ regional CDS sites require parents to use their private insurance to pay for necessary assistive technology devices and services?
Response: No. The "free" in FAPE is extremely significant regarding children with disabilities who may require assistive technology devices or services. As stated in IDEA and its regulations, all aspects of the special education and related services must be provided "at no cost to the parents." The term "free" is interpreted broadly and goes far beyond the simple paying of deductibles and copayment. The courts have interpreted "free" to apply to a cadre of parameters including but not limited to: future insurability, depletion of maximum lifetime caps, raised premiums, discontinuation of policy, and preexisting condition exclusions. If the family agrees to allow the school or the regional CDS site to access their private insurance, this decision must be strictly voluntary. (See Chapter 180, § 8)
Question 40: Can families ever be asked to purchase the devices or augment the identified assistive technology needs of their child?
Response: Yes. Education is a shared responsibility between school, families, employers, and community. Schools develop relationships with families and as part of this communication, there are times when parents can be asked what devices or services they could afford to purchase. It is well recognized that assistive devices and services are used across a broad spectrum. These devices and services serve functional as well as educational needs. When viewed in this manner, the possibility of joint funding is entirely appropriate as long as the parents' willingness to share the financial responsibility is voluntary. Even if the family does purchase the assistive technology device, the schools cannot mandate that the device be brought to school. Families can insist that another device be provided for school use. Additional information regarding sharing responsibilities with families can be found in the Maine CITE publication, Parent Guidebook to Assistive Technology or the Special Education Regulations. Copies of both documents are available through the:
Office of Special Services
Department of Education
23 State House Station
Augusta, Maine 04333-0023
207-624-6650 (voice); 207-624-6800 (TTY) or
Question 41: Is it necessary to use IDEA, Part B monies to purchase assistive technology devices and services?
Response: Federal dollars may be used to purchase an assistive device, if appropriate, but it is not required. Assistive technology services are an allowable special education expense if these services are provided by a qualified individual as referenced in the Maine State Special Education Regulations §18.3 on page 107. Assistive technology devices may also be purchased and claimed for subsidy under General Purpose Aid but not as an allowable special education cost.
Question 42: What are some of the additional funding sources that a local school unit regional CDS site might consider utilizing in meeting the assistive technology needs of students with disabilities?
Response: In addition to a variety of federal, state and local educational dollars, there are a number of potential funders that schools/ CDS site might consider utilizing in providing the necessary assistive technology devices for children with disabilities. Some of these programs are: The Adaptive Equipment Loan Program (AELP), Medicaid, Cub Care, Vocational Rehabilitation, Private Insurance and the Department of Mental Health Mental Retardation and Substance Abuse Services' Children's Services. For more complete information including eligibility, age ranges and types of devices and services likely to be considered by these and other programs, consult the Maine CITE publication, Easy Reference Handbook to Maine Assistive Technology Funders.
Question 43: Are there other options for schools to consider in lieu of purchasing the assistive technology device?
Response: Yes. There are times when the outright purchase of equipment or devices is not necessary or even advisable. In instances such as these, schools might consider rental or long-term lease/ purchase options. Equipment rentals or long-term lease/purchase options are not intended to be less costly than purchase. There are certain advantages worth considering depending on the individual needs of the student. For example, renting equipment might be a reasonable strategy if the child's condition is considered temporary; if the child's condition is expected to improve or deteriorate; or, when it is necessary to try-out the equipment before purchase for a student. Long-term leasing or lease/ purchase agreements also have potential benefits for schools which include: no obligation on behalf of the school to purchase the device; reduction of obsolete inventory; flexible leasing terms; use of equipment without a lump sum purchase; upgrading of equipment as more improved technology becomes available; and, upgrading of equipment as the student's needs change.
Question 44: Can schools share the funding responsibilities of providing assistive technology devices and services?
Response: Yes. This practice, while not well developed, is certainly recommended. This practice is especially appropriate for children with disabilities who are expected to be transitioning from birth to five programs (i.e., Child Development Services and HeadStart) or transitioning to adult services such as those which may be funded by Vocational Rehabilitation.
Ownership of the device is an important issue to consider by IEP teams especially during times of transition. The CDS site and the receiving public school may discuss purchase of the device for continued use in the public school, if appropriate.
Question 45: How can schools share the funding responsibilities of providing assistive technology devices and services?
Response: An excellent example of shared funding responsibilities includes the Memorandum of Understanding (MOU) which was signed between the Maine Department of Education and the Maine Department of Labor. Under the provisions of this agreement, local educators and Vocational Rehabilitation counselors should explore, when appropriate to meet the individual's post secondary aspirations, the "depreciated buy-out" or assistive technology transfer principle which was incorporated into the MOU. In essence this provision allows the school administrative unit to sell the assistive technology which has been used by the student to Vocational Rehabilitation as the individual pursues his/her employment related goals. In fact, if the school does not need or want the AT used by the student for another student, then EDGAR does not prohibit family members from purchasing the AT through a "depreciated buy-out" option. If you would like to explore this option, contact your local special education administrator.
Another example of shared funding includes participation in interdistrict and intradistrict loans of assistive technology devices. These loans are designed to enhance sharing of unused assistive technology between local school units. Upon completion of its inventory on available equipment, schools inside and outside of the district can borrow unused equipment from each other.
Question 46: Do districts have responsibility to pay for an independent educational evaluation (IEE) regarding AT?
Response: As part of IDEA procedural safeguards, a parent has a right to an IEE at public expense "if the parent disagrees with an evaluation obtained by the public agency" (34 C. F. R. § 300.503(b)). Description of the legal requirements for an IEE are contained in the Maine Special Education Regulations in §9.19 on pages 51-52. This regulation provides that if a parent states that the school district's evaluation is not appropriate, the school administrative unit (SAU) must either pay for the IEE or request a hearing to show that the district's evaluation was appropriate. If the final hearing decision is that the district's evaluation was appropriate, the district is not responsible for the cost of the independent evaluation. Whenever an independent evaluation is obtained at the school district's expense, the criteria under which the evaluation is obtained, including the location of the evaluation and qualifications of the examiner, must be the same as criteria used by the school district. Regardless of who pays for the independent evaluation, the results must be considered in any decision regarding the provision of FAPE to the student.
Question 47: Are schools responsible for customization, maintenance, repair, and replacement of assistive technology devices?
Response: AT services such as customization, maintenance, repair, and replacement are included as considerations in the acquisition of equipment or devices purchased/ provided by the school. It is the responsibility of the school unit to ensure that students who require assistive technology devices also receive the necessary assistive technology services that will make the technology meaningful to the student. This requirement reflects the "individualization" of a specific type of device.
If family owned AT is used by the school, is listed in the Individual Education Program (IEP), and is necessary for providing Free Appropriate Public Education (FAPE), the school unit might also be responsible for maintenance, repair, and re-placement. Responsibilities for these services should be identified in the IEP.
Question 48: Can schools consider personal devices such as hearing aids and eyeglasses as Assistive Technology?
Response: Historically, the U. S. Department of Education has ruled that schools are not required to provide personal devices which a student would require whether or not in school. However, because the definition of AT device does not include this limitation, the U. S. Department of Education has changed its position. It has stated that a hearing aid is covered under the definition of "AT device". Therefore, if the child requires a hearing aid in order to receive FAPE, the school must provide it at no cost to the child or parents, (OSEP Policy Letter to P. Seiler, 20 IDELR 1216 (11/19/93); OSEP Policy Letter to J. Galloway, 22 IDELR (12/22/94)). Similarly, if a student requires eyeglasses in order to receive FAPE, the school must provide the eyeglasses at no cost to the parents, (OSEP Policy Letter to T. Bachus, 22 IDELR 629 (1/13/95)). This same analysis would apply to a pulmonary nebulizer, (see OSEP Policy Letter to Anonymous, 24 IDELR 388 (1/23/96)). The comments to the new regulations also confirm this position, (Federal Register, p.12540, 3/12/99).
This response is in no way intended to alter the content of § 6.16 of the Maine Special Education Regulations which appears on page 32.
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