What the Law Says Regarding Assistive Technology

The team that develops an individualized education program (IEP) for a child must consider whether the child requires assistive technology devices and services. The Individuals with Disabilities Education Act defines these requirements for assistive technology:

§300.5 Assistive Technology Device
Assistive technology device 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 functional capabilities of a child with a disability. The term does not include a medical device that is surgically implanted, or the replacement of that device. (Authority: 20 U.S.C. 1401(1))

§300.6 Assistive Technology Service
Assistive technology service means any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device. Assistive technology service 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, maintaining, 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 that child.
(Authority: 20 U.S.C. 1401(2))

§300.105 Assistive technology
Each public agency must ensure that assistive technology devices or assistive technology services, or both, as those terms are defined in §§ 300.5 and 300.6, respectively, are made available to a child with a disability if required as part of the child’s–
(1) Special education under §300.36;
(2) Related services under § 300.34 or
(3) Supplementary aids and services under §§300.38 and 300.114(a)(2)(ii).
(Authority: 20 U.S.C. 1412(a)(1),1412(a)(12)(B)(i))

§300.324(a)(2) Consideration of special factors
The IEP Team must–
(v) Consider whether the child needs assistive technology devices and services....
(Authority: 20 U.S.C. 1412(a)(1), 1412(a)(12)(A)(i))