Question 49: 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).