DakotaLink

A guide produced by DakotaLink, the South Dakota program for Assistive Technology, through the Division of Rehabilitation Services, Department of Human Services.

DakotaLink, the South Dakota program for Assistive Technology, through the Division of Rehabilitation Services, Department of Human Services has produced this guide as an effort to provide information and technical assistance to individuals, parents, and agencies concerning services and Assistive Technology for individuals with disabilities.

The production staff would like to extend thanks and appreciation to the following individuals and their agencies for providing time and expertise to develop and produce this document.

Dave Vogel	Director, DakotaLink
Joanne Menning	DakotaLink Staff Member
Robert Kean	South Dakota Advocacy Services
Barb Rohrbach	The South Dakota Transition Project
Bev Peterson	South Dakota Parent Connection
Tanya Polkinghorn	Children's Care Hospital and School
Deanna Bies	Technology and Innovation in Education (TIE) a Division of Black Hills Special Services Cooperative
Becky Fish	Technology and Innovation in Education (TIE) a Division of Black Hills Special Services Cooperative
Gloria Gunn	Technology and Innovation in Education (TIE) a Division of Black Hills Special Services Cooperative

The purpose of this publication is to provide parents, educators and advocates information regarding special education for children struggling to be successful in school. It is intended to provide a broad base of information on the rights of children with disabilities to receive a free, appropriate public education (FAPE), the availability of assistive technology in the educational setting, and a quality transition from school to adult living.

The information begins by defining “special” education. That is followed by the legal requirements for schools and parents including an overview of the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act of 1973. Then there is an explanation of Assistive Technology and Transition. The next section is a quick reference (frequently asked questions and answers) intended to address specific issues concerning special education, assistive technology, transition, and funding. This is followed by “Where do I go from here? resources in South Dakota that provide assistance to individuals with questions on Assistive Technology and services for individuals with disabilities.

Although this publication is intended to assist parents, educators and advocates in understanding special education, assistive technology, transition, and the delivery of services, it is not meant to replace the importance of the educational planning process. It is imperative that all decisions be made on a case-by-case basis as part of the student’s individualized education plan.

This publication was produced for the South Dakota Program for Assistive Technology, DakotaLink, through the Division of Human Resources, Department of Vocational Rehabilitation.

DakotaLink is funded by a grant from the National Institute on Disability and Rehabilitation Research, U.S. Department of Education (NIDRR/ED). This publication does not necessarily reflect the position or policy of NIDRR/ED, and no official endorsement of the material should be inferred.

Special education is exactly what it sounds like, education that is provided to meet the “special” needs of an individual child.

Special education means specially designed instruction, given at no cost to the parents or guardians, to meet the unique needs of a child with disabilities, including but not limited to instruction conducted in a classroom, home, hospital, institution, or other setting and instruction in physical education. [34 CFR 300.17 (a)]

Certain children with disabilities are eligible for special education and related services. Both Federal and South Dakota State law define a “child with a disability.” In South Dakota there are 14 categories under which a child may be found eligible for special education and related services including:

1) Autism – An autistic disorder is present in an individual with at least 8 of the following characteristics:

2) Deafness – A hearing impairment that is so severe that the child is impaired in processing linguistic information through hearing, with or without amplification, which adversely affects education performance.

3) Hearing impairments – a hearing impairment, whether permanent or fluctuating, which adversely affects a person’s educational performance but which is not included under ‘deaf’ in this section.

4) Visual Impairments – A visual impairment that, even with correction, adversely affects a child’s educational performance.

5) Deaf – Blindness - A combination of hearing and visual impairments that cause such severe communication and other developmental and educational problems that they cannot be accommodated in special education programs solely for deaf or blind students.

6) Emotional Disturbance – Exhibiting one or more of the following characteristics over a long period of time, which adversely affects education performance:

7) Mental Retardation – A significantly sub-average general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period, which adversely affects a child’s educational performance.

8) Specific Learning Disability – A disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, which may manifest itself in an imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations. The term includes such conditions as perceptual handicaps, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia.

9) Speech / Language impairments – A communication disorder such as stuttering, impaired articulation, a language impairment, or a voice impairment, which adversely affects a child’s educational performance.

10) Traumatic Brain Injury – An acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a child’s educational performance.

11) Developmental Delay (pre-school) - Severe delays in development functions at a developmental level 2 or more standard deviations below the mean in any one area of development or 1.5 standard deviations below the mean in two or more areas of development.

12) Orthopedic Impairments – A severe orthopedic impairment that adversely affects a child’s education performance. It includes impairments caused by congenital anomaly (clubfoot, absence of a limb, etc.), impairments caused by disease, impairments from other causes such as cerebral palsy, amputations, and fractures or burns which cause contractures.

13) Multiple Disabilities – Concomitant impairments (such as mentally retarded – blind, mentally retarded – orthopedically impaired, etc.), the combination of which causes such severe educational problems that they cannot be accommodated in special education programs solely for one of the impairments.

14) Other Health Impairments – Having limited strength, vitality or alertness, due to chronic or acute health problems such as heart condition, tuberculosis, rheumatic fever, nephritis, asthma, sickle cell anemia, epilepsy, leukemia, which adversely affects a child’s educational performance.

According to the Law the disability must affect the child’s educational performance. The question of who is eligible for special education is determined by whether the child has a disability that fits into one of the categories listed above and whether that disability affects how the child does in school. The disability must cause the child to need special education and related services. 20 U.S.C. § 1401(3)

The first step to determining if a child is eligible for special education is to determine if he or she has a disability. If you are a parent you can ask the school to evaluate your child. Contact the director of special education or the principal of the child’s school and let them know you believe your child has a disability and needs special education help. Ask the school to evaluate your child as soon as possible.

The public school may also think a child needs special help, because he or she may have a disability. Evaluations are at no cost to the family.

The school does not have to evaluate a child just because parents have asked. The school may not think a child has a disability or needs special education. In this case, the school may refuse to evaluate the child. It must let the parents know this decision in writing along with the reasons for denying the evaluation. If the school refuses to evaluate a child, parents should ask the school system about its special education policies, as well as parent rights to disagree with decisions made by the school system. These materials should describe the steps parents can take to challenge a school system’s decision. Advice on how to proceed when there is a disagreement can be obtained from South Dakota Advocacy Services at 1-800-658-4782.

Evaluating a child means more than the school just giving the child a test or two. The school must evaluate the child in all areas where he or she may be affected by the possible disability. This may include looking at the child’s health, vision, hearing, social and emotional well-being, general intelligence, performance in school, and how well the child communicates with others and uses his or her body. The evaluation must be complete enough to identify all of the child’s needs for special education and related services.

Evaluating a child appropriately provides a lot of information to help parents and the school decide if he or she has a disability and if so, to properly design instruction to meet his or her needs.

Ø Reviewing existing information. The process begins by looking at information the school already has about a child and information from home parents may wish to share. This information may include the child’s scores on tests given in the classroom, the opinions and observations of teachers and school staff who know the child, as well as parental feelings, concerns and ideas about how the child is doing in school.

Ø Deciding if more information is still needed. As a group, parents and school personnel will decide if the existing information is sufficient to determine if the child has a disability, whether the child needs special education and related services, and what the child’s educational needs are. If the group needs more information to make these decisions, the school must collect it.

Ø Collecting more information. Written permission is required before the school may collect additional information to determine if a child has a disability and is in need of special education. The school should fully describe to the parents any tests that will be used along with the other ways it will gather information about the child. The school should describe for parents how it would conduct the evaluation of their child. Once the parents are satisfied that the process will be complete and have given informed written consent the evaluation will continue.

The information gathered from the evaluation will be used to make important decisions about the child’s education. The decision of whether the child has a disability and is in need of special education is made when the evaluation is completed and the results are in.

Parents are now included in the group that decides a child’s eligibility for special education services. This group will look at all of the information gathered during the evaluation and decide if the child meets the definition of a child with a disability. If so, the child will be eligible for special education and related services.

Under IDEA a child may not be found eligible for services if the determining reason is either that the child has limited English proficiency or that the child has a lack of instruction in math or reading.

If a child is determined to be eligible for special education services, parents and school personnel work together to design an educational program for the child. This process is described in the section labeled “ The Individualized Education Program (IEP) “.

Parents have a right to receive a copy of the evaluation report on their child and the paperwork about their child’s eligibility for special education and related services.

If the group decides that a child is not eligible for special education services, the school system must inform parents in writing and explain the reasons. Under IDEA parents must also be given information about what they can do if they disagree with this decision. Parents should read the information the school system gives them and make sure it includes information about how to challenge the school system’s decision. If that material is not included with what the school provides, parents should ask for it.

Historically known as Public Law 94-142, the Education of the Handicapped Act, the law was changed by amendments in 1990 and 1997 and renamed the Individuals with Disabilities Education Act (IDEA), P.L. 105-17. IDEA makes it possible for states and localities to receive federal funds to assist in the education of children with disabilities. Basically in order to remain eligible for federal funds under the law, states must assure that:

Free and Appropriate Public Education (FAPE) Federal regulations define FAPE to mean special education and related services that:

The U.S. Supreme Court, in Board of Education v. Rowley [458 U.S. 176 (1982)], provided a judicial clarification to the FAPE standard. The court rejected an argument that IDEA (formerly referred to as PL 94-142 and EHA) required maximization of educational benefit and adopted a two-part test to determine if services were appropriate.

The right to a FAPE ends when a student graduates with a regular high school diploma. 34 CFR § 300.122(a)(3)(i). This does not include students who have received a certificate of attendance or a certificate of graduation that is not a regular high school diploma. Id.§ 300.122(a)(3)(ii). However, any graduation is considered a change of placement, requiring prior notice and the right to an impartial hearing. Id. § 300.122(a)(3)(iii). It does not require a re-evaluation. Id. § 300.534(c)(2).

IDEA 97 as amended now allows a State to exclude from the requirements individuals between the ages of 18 and 21 who are incarcerated in adult correctional facilities and who had not been classified or had an individualized education program (IEP) in their last educational placement prior to being incarcerated. 20 USC § 1412(a)(1)(B)(ii).

Pursuant to what is referred to as the “child find” requirement, schools must identify, locate and evaluate all children with disabilities within their jurisdiction, including those attending private schools. Id. § 1412(a)(3)(A). The new regulations specifically mention that this requirement applies to highly mobile children such as migrant and homeless students and to students suspected of having a disability who are advancing from grade to grade. 34 CFR § 300.125(a)(2).

IDEA also includes a concept referred to as “zero reject” : all children are entitled to a FAPE “regardless of the severity of their disabilities.” 20 USC § 1412(a)(3)(A); Timothy W. v. Rochester N.H., School Dist., 875 F.2d 954 (1^st Cir. 1989).

IDEA requires that all students receive their educational services in the least restrictive environment (LRE) 20 USC § 1412(a)(5). Removal from regular education classes is to occur only when the student cannot be successfully educated in that setting even with supplemental aids and services. 34 CFR § 300.550(b)(2). School districts are responsible to document the extent to which a student with a disability is participating in the general education curriculum and the reasons why a student cannot achieve his/her IEP goals in the regular education environment alongside non-disabled peers.

However, in determining the LRE for a student, the program must still be appropriate to meet the student’s individual needs. 34 CFR § 300.550(b)(1). Accordingly, schools must have available a continuum of alternative placements, ranging from services in regular classes to separate classes, separate schools and even residential programs. Id. § 300.551.

Moreover, in determining the students actual placement, it should be as close as possible to the child’s home and, unless the IEP calls for some other arrangement, the child should attend the school he or she would attend if not disabled. Id. § 300.552(c).

Placement decisions must be based on the needs of the student and not on such factors as the classification of the student, availability of services, “configuration of the service delivery system, availability of space, or administrative convenience.” 34 CFR Part 300, Appendix (App.) A, Question (Quest.) 1.

An Individualized Education Program (IEP) is a written statement of the educational program designed to meet a child’s individual needs and is the focal point of IDEA. Every child who receives special education services must have an IEP. The Individualized Education Program has two general purposes: (1) to set reasonable learning goals for the child; and (2) to state the services that the school district will provide for the child.

According to IDEA, a child’s Individualized Education Program must include the following statements:

A group called the IEP team comes together and works to develop the child’s IEP.
The group includes:

During the IEP meeting, the different members of the IEP team share their thoughts and suggestions. The team may review relevant evaluations. After various team members, including the parent(s), have shared their thoughts and concerns about the child, the group will have a better idea of the child’s strengths and needs. This allows the team to discuss and decide on (1) the educational and other goals that are appropriate for the child and (2) the type of special education services the child needs.

The IEP team will also talk about the related services the child will need to benefit from his or her special education. Some of the related services as listed in IDEA include:

There are a lot of important matters to talk about in the IEP meeting. Keep in mind that all the team members are there to help the child. Based on the discussions of the information the team then writes the child’s IEP. This includes the services and supports the school will provide the child. It will also include the location where individual services will be provided. The child’s placement (where the IEP will be carried out) will be decided every year, must be based on the child’s IEP, and must be as close as possible to the child’s home.

Depending on the needs of the child and the services to be provided the IEP could be carried out in regular classes, in special classes (where all the students are receiving special education services), in special schools, at home, in hospitals and institutions, and in other settings. Which of these placements is best suited for the child? Can he or she be educated in the regular classroom with supplementary aids and services? (The IDEA prefers this placement option.) If not the team will look at other placements for the child. Before the school system can provide the child with special education for the first time , the parents must give written consent.

At least once a year following the initial IEP, a meeting must be scheduled to review the child’s progress and develop the next IEP. This annual IEP meeting allows the review of the child’s educational program and changes it as necessary. Any member of the IEP team (particularly the child’s parent) may ask to have the child’s IEP reviewed or revised at any time.

Recognizing that the needs of a student with a disability change over time IDEA (as amended in 1997) generally requires that an eligible student be re-evaluated at least every three years and more frequently if either 1) “conditions warrant” or 2) if the student’s parent or teacher so requests.

However, IDEA as amended does not require the school to perform re-evaluations every three years solely to satisfy statutory requirements. § 1414 (1)-(4) Provisions in the law require that existing evaluation data on a child be reviewed to determine if any additional information is needed to make decisions about a child’s eligibility and services. It is important to know that only the IEP team, including the child’s parent, can make the decision that no significant change has occurred requiring additional data to assist in determining services in a particular area.

If it is determined by the IEP team and other qualified professionals that no additional data are needed, the parents must be advised that no additional data are needed, the reasons for not needing new or additional information, and of the parent’s right to still request an evaluation. Unlike IDEA before the 97 amendments no further evaluations would be required unless requested by the parents.

A new provision in the 1997 amendments suggests by implication that a re-evaluation should address the following four issues: 1) whether the child continues to have a particular disability, 2) ascertainment of the child’s present levels of performance and educational needs, 3) whether the child continues to need special education and related services and, 4) whether any additions or modifications to the special education and related services called for in the child’s IEP are needed to enable him or her to meet measurable annual goals or to participate, to the extent possible, in the general curriculum.

On June 4, 1997, President Clinton signed into law a significant amendment to IDEA, (IDEA 97) enhancing the services available to children with disabilities, strengthening the role of parents and increasing the role of Assistive Technology to ensure that students receive an appropriate education. The tone of the changes is demonstrated by the Congressional finding that education of children with disabilities can be made more effective by: (1)having high expectations and ensuring access to the general curriculum to the maximum extent possible; (2)strengthening the role of parents and ensuring that families “have meaningful opportunities to participate in the education of their children”; (3)coordinating IDEA requirements with other school improvement efforts to ensure that students benefit from those efforts and that special education becomes a service for children rather than a place where they are sent; (4)”providing appropriate special education and related services and aids and supports in the regular classroom” whenever appropriate; (5)”supporting high-quality, intensive professional development for all personnel working” with children; (6)”providing incentives for whole-school approaches and pre-referral interventions to reduce the need to label children” to obtain services; and (7)”focusing resources on teaching and learning while reducing paperwork and requirements that do not assist in improving educational results.” 20 U.S.C. § 1400(C)(5)

On March 12, 1999, the final federal regulations implementing IDEA 97 were issued with full compliance required by October 1, 1999. The regulations incorporate changes made by IDEA 97, as well as longstanding interpretations of IDEA by the U.S. Department of Education’s Office of Special Education Programs (OSEP). As with IDEA 97, which required that IEP teams consider the potential need for Assistive Technology for all students with disabilities, the new regulations added provisions governing the availability of Assistive Technology to meet students needs. As all of the requirements of IDEA 97 are currently in effect, any of the regulations that merely restate IDEA 97 must be implemented immediately. Federal Register, pp. 12406-12407, et seq., 3/12/99.

Students who have disabilities, but who are not eligible for special education and related services under IDEA, may be qualified for services under Section 504. Specifically, Section 504 of the Rehabilitation Act of 1973, as amended in 1992 (P.L. 102-569) states that,

“No otherwise qualified disabled individual shall, solely by reason of his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving financial assistance.”

This statute includes public schools that receive federal funds. For students with disabilities, this means that schools may need to make special arrangements so that these students have access to the full range of programs and activities offered.

Section 504 does not provide individual funding. It is a civil rights statute that requires equal access and equal opportunity to persons with disabilities. A school district is not required to make every part of every building it owns accessible. However, it is responsible for ensuring that all of its programs are accessible to students with disabilities. 34 CFR § 104.21.

Many schools use an instrument called a “504 Plan” to set down in writing the school’s goals and their implementation regarding the student’s needs. The “504 Plan” is very similar to the IEP and allows for parental input.

Congress, recognizing the importance Assistive Technology (AT) can play in the lives of individuals with disabilities, first defined the terms assistive technology device and assistive technology service in the Technology-Related Assistance for Individuals with Disabilities Act of 1988 (P.L. 100-407). These definitions were later adopted in the Individuals with Disabilities Education Act, or IDEA, (P.L. 101-476) and the 1997 amendments (P.L. 105-17).

The IDEA defines an assistive technology device as “any item, piece of equipment or product system, whether acquired commercially of the shelf, modified, or customized, that is used to increase, maintain, or improve functional capabilities of a child with a disability.” 20 USC § 1401(1). This definition is broad and includes a range of devices from low technology to high technology including computer hardware and software.

The definition of an assistive technology service as it appears in IDEA is “any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device. Specifically these services include:

The number of opportunities to include assistive technology devices and/or adaptive equipment in a child’s educational environment is virtually limitless. Depending on the student’s abilities and needs, there are a wide variety of items commercially available that could prove beneficial. Recognizing that each child is an individual with a unique learning style, there are an infinite number of modifications that could be made to existing equipment and equally endless possibilities for inventing and fabricating a custom assistive device.

The following categories of education-related technology are intended to provide a general guide of a variety of applications. Although these are not all inclusive, perhaps they will help the reader identify areas in which assistive technology could benefit the student.

Any of these devices can play an important role in classroom instruction and the student’s education. These are but a few examples of the types of technology that can be provided by the local school district for the child.

The provisions of the Individuals with Disabilities Education Act (IDEA) are designed to ensure that children with disabilities receive the special education and related services, including assistive technology, which they require in order to benefit from their educational program. IDEA contains the definitions for AT device [20 USC § 1401(a)(1)] and AT service [20 USC § 1401(a)(2)]. Regulations implementing the IDEA state that assistive technology can be included in an Individualized Education Program (IEP) for three reasons: as part of special education, as a related service, or as a supplemental aid or service to allow the child to be educated in the least restrictive environment [34 CFR § 300.308(a)] on a case by case basis. In short, AT may be necessary for some students to benefit from their education programs. In addition, the school purchased assistive technology can be used in the child’s home or other settings if required to ensure a free and appropriate education, as determined by the child’s IEP team on a case by case basis [34 CFR § 300.308 (b)].

The 1997 amendments to the IDEA focus on improved educational performance and results for children with disabilities. The intent of this focus with respect to AT is to confirm that access to AT will enable children to achieve better outcomes and improved performance. First, the amendments encourage “high expectations” for children with disabilities. Second, the legislative history underscores that the focus of the revised IDEA is not simple access, but high performance. By increasing access of AT, students with disabilities are more likely to participate more easily across educational environments. This essentially levels the playing field by helping to reduce the effects of barriers associated with the disability. It can allow them the opportunity to compete, collaborate and interact with their non-disabled peers. Finally, the Act envisions education resulting in student achievement of “productive, independent, adult lives to the maximum extent possible” and participation in “advanced-placement courses”. [20 USC § 1414 (d)(1)(A)(vii)(1)]

The IDEA 97 adds new specificity, which fosters including AT services and devices in IEPs. The most significant development is a requirement that IEP teams consider AT for all students whenever an IEP is developed. [20 USC § 1414 (d)(3)] Moreover, to ensure the consideration of AT needs in non-academic settings, the revisions clarify that IEPs must address educational needs apart from progress in the general curriculum. [20 USC § 1414 (d)(1)(A) and (d)(6)(A)(ii)] Finally, IEPs must include descriptions of program modifications and supplementary aids and services.

Assistive technology should be considered when a student is being assessed to determine eligibility for special education. AT devices and services should be considered as an option for every IEP. Some students will not require technology to meet the goals on their IEP, but many students will benefit from the use of assistive technology.

Consideration should be given if the assistive technology is necessary for the student to achieve educational or social goals, benefit from education, or make reasonable progress in the least restrictive environment. The IEP team should analyze what is required of students without disabilities of the same age and determine how many of these requirements could be completely or partially fulfilled by the student with a disability who is being assessed, if that student had access to appropriate assistive technology.

The results of the evaluation should be described in the applicable sections of the IEP including the present levels of performance, goals and objectives, related services, supplementary aids and services, modifications to the regular education program and/or specialized equipment. If an assessment reveals that a student would be eligible for special education, then the IEP team should consider assistive technology needs when making recommendations for the Individualized Education Program.

There are three places in the IEP where assistive technology may be included.

1. Assistive technology can be a part of the annual goals and short term objectives on an IEP . How assistive technology will contribute to achieving the goal and objectives must be clearly stated. The inclusion of assistive technology in the IEP requires an explanation of how and why the technology will be used to accomplish a particular goal. A goal, which includes AT, should indicate that the device will be part of conditions needed to acquire an academic or social skill. An annual goal for the IEP should express: 1) an estimate of what the student can accomplish in a skill area during the course of one year, 2) under what conditions the skill is to be developed, and 3) what criteria will be used to indicate whether or not the skill has been learned.

2. The list of supplementary aids and services necessary to maintain the student in the least restrictive environment. Students with disabilities are guaranteed the right to placement in the educational setting which is the least restrictive environment. In order to be successful in the least restrictive environment, students are to be afforded whatever supplementary aids and services necessary. Among the supplementary aids that may allow a student to remain in a less restrictive environment are a variety of assistive devices that compensate for disability and allow the student to perform educational and social tasks.

3. The list of related services necessary for the student to benefit from his or her education is not exhaustive and includes many developmental, corrective, or support services. It is through this provision in the law that many school districts are providing students with disabilities assistive technology devices and services. Related services must be provided to a student with a disability at no cost to the parent or guardian.

For students to be successful with AT devices, they need to receive training on the use of the equipment. Training to use a computer, an augmentative communication device, or large print viewer, can occur as a related service that supports the student’s educational program. Training on AT devices can be written into the IEP as a related service.

The transition years bridge the gap between childhood and adulthood; a life centered in the home and school; the broader experience of employment and interaction with the community. This impacts the student, parents, school districts, and adult service agencies. For the student with a disability and his or her parents, changes during the transition years can create a need for enhanced assistive technology. Assistive technology can play a crucial role in enabling students with disabilities to achieve age-appropriate levels of personal independence and responsibility while reducing demands on their parents and family members.

School districts responsible for the education of students with disabilities encounter transitional situations. IDEA, Section 504 of the Rehabilitation Act of 1973 and other Federal and State laws have a direct impact upon school districts. Assistive Technology can be a cost effective means of meeting mandates, particularly when the student’s increased functional abilities will enable him or her to participate in regular education classrooms, or reduce or eliminate the need for paraprofessionals and /or assistants.

Adult service agencies are also impacted by the extent to which students with disabilities achieve age-appropriate functional abilities during their school years. Therefore, it is critical to involve representatives from agencies, organizations, etc., that correspond to each major transition service area along with other IEP Team members. The involvement of the various agencies is determined by the needs and goals of the student, as defined by the major transition services areas. It is important to note that these decisions begin at the age of 16, or younger when determined to be appropriate, and continue on an annual basis until exit from school. The district’s IEP Team must coordinate the involvement of agency representatives, as required, and document the involvement in the student’s IEP. Assistive technology can enable some students to move directly into post-secondary education, employment, and community living activities. This eliminates delays and reduces the student’s need for specialized adult disability services.

Transitions include every type of change that occurs during a child’s life. Transitions occur when the child moves from home to school. Transitions also occur within the school environment. There are transitions made when the student changes buildings, classrooms, and/or teachers. Family dynamics also create transitions (e.g., separations, divorce, death of family members ). All transitions can have a direct impact on the use of assistive technology and the type of assistive technology that needs to be used. For example, some assistive technology may be appropriate for an elementary program but not appropriate in a high school setting. As the child grows and matures his/her needs and abilities change. Assistive technology needs to keep up with these changes.

The material that follows centers on the student’s transition from a school-based program to employment and integration into the community. This transitional process involves the student, parents, educators, and adult service agency representatives who jointly plan for and deliver services necessary for a smooth, seamless transition from school to adult life.

Transition planning occurs during the normal course of the student’s IEP. Federal and state laws specify that transitional services must be considered for each student by the age of 16 but often are initiated by the age of 14 or even earlier when appropriate. These “transition IEP services” must address the student’s needs in relation to: 1) instruction 2) community experiences, 3) Vocational evaluations and the development of employment objectives, and 4) Acquisition of daily living skills and post-school living objectives.

As a transition team addresses these four areas it will naturally involve a process that helps the student identify post-school goals that relate to work, living arrangements, additional education plans, and involvement in the community. As the student identifies appropriate post-school goals, services must be planned for and provided that will enable the student to achieve those goals.

Any identified IEP goals and objectives, including those related to transition, must specify the supports and services necessary to achieve those goals, including needed assistive technology. When considering transition goals that are likely to involve work or community experiences, additional emphasis is placed on the need for assistive technology. Often, when a student needs assistive technology in the school, at home, or both, assistive technology is also likely needed in the work site or community-based environments. It is imperative that the IEP team gives consideration to assistive technology in the additional environments. The team should ask themselves:

There are many issues related to students and assistive technology. These issues become increasingly complicated when students are moving from the school environment to the adult world. During the transition years students will programmatically move from school to community, as their education becomes increasingly real life-based. Although this provides an excellent educational opportunity, it offers many challenges to providing necessary supports including assistive technology. When a student reaches the age of fourteen, it is important to have someone on the IEP team who is knowledgeable about assistive technology and transition issues.

Learning to use certain AT devices effectively may take many years. Therefore, Assistive Technology and a corresponding training regimen should be provided early enough so that the student will be a capable user of the device by the time school exit occurs.

While the school environment remains fairly consistent, students often experience multiple work sites while in transition, with each site being a unique environment with varying functions and assistive technology needs. This requires comprehensive planning by a diverse group in order to maximize resources and avoid duplication of assistive technology efforts as students move from school to work or other post-secondary environments.

Students transitioning from education programs have often been faced with the need to give up vital AT devices and services and to wait for provision or replacement devices and services by the rehabilitation system. A long interval without technology can result in a loss of employment opportunities as well as opportunities to integrate in a variety of other activities. Recent interpretation of laws regarding transferring the title of assistive technology devices from one public agency to another has been very hopeful.

The Office of Special Education and Rehabilitation Services in the U.S. Department of Education has stated that federal regulations allow the continued use of equipment by students after leaving school. The regulations also allow for the transfer of the ownership of certain AT devices to the rehabilitation system or other entities in all cases where the school district does not have a continuing need for the assistive technology device. The final decision rests with the school district.

If you have additional questions you can contact DakotaLink by writing to 1925 Plaza Boulevard, Rapid City , South Dakota 57702-9302. You can contact DakotaLink by calling 605-394-1876 (V/TDD) or call toll free within the State of South Dakota at 800-645-0673. Please visit the DakotaLink web site, dlweb@tie.net or info@tie.net for the latest information on assistive technology devices and services. Additional information on assistive technology and education is available on the web site along with funding resources, additional support services and access to the equipment connection a referral service that matches people who have assistive devices for sale, loan, or to give away, with individuals who wish to obtain such equipment.

DakotaLink is available to provide consultation, assessments, equipment acquisition, and training. DakotaLink has several outreach centers located though-out South Dakota to provide information and referral to individuals and professionals about assistive devices, services, and resources.

You may also contact Children’s Care Hospital and School, 1100 W. 41^st Street, Sioux Falls, South Dakota, 1-800-584-9294. Children’s Care Hospital and School provides individualized programs in education, therapy, and health care to children all across South Dakota. Customized programs are available through outpatient, outreach, day school, and residential services. Children’s Care Hospital and School invites individuals to visit their Assistive Technology Demonstration Center to view adaptive computer access, augmentative and alternative communication systems, and a wide variety of environmental controls. Evaluations, follow-up services, workshops and a variety of products are available on an outpatient basis at the Rehabilitation Center in Sioux Falls.

Another resource in South Dakota is the South Dakota Parent Connection a non-profit organization formed by parents, educators and service personnel to provide information and training to parents of children with disabilities or special needs throughout the State of South Dakota. The Parent Connection’s mission is to empower families caring for children with disabilities in the planning and delivery of quality educational services. The Parent Connection can be contacted at 3701 W. 49^th Street, Suite 200B, Sioux Falls, South Dakota 57106. You can also contact them at (605) 361-3171 or by calling toll free in South Dakota at 800-640-4553. They are also listed on the internet at www.sdparent.org

IDEA is the federal law that ensures a free appropriate public education (FAPE) for eligible children with disabilities and is used by school systems around the country to guide the way in which special education and related services are determined for children with disabilities.

FAPE stands for a free, appropriate public education. An appropriate public education may require an adapted curriculum and additional learning aids in order to maximize a student’s learning capabilities, depending on the nature or the student’s disability and current aptitude level. A FAPE consists of three interrelated parts: special education, related services and supplemental aids, and services to provide education in the least restrictive environment.

Special education is instruction that is specially designed to meet the unique needs of children who have disabilities and to help the child learn the information and skills that other children are learning (IDEA, public law 105-17). This is done at no cost to the parents and can include special instruction in the classroom, at home, in hospitals or institutions, or in a variety of other settings and programs.

The first step is to find out if your child has a disability. To do this you must ask the school to evaluate your child. Contact the special education director or principal of your child’s school and explain that you believe your child could use special education help because you think he/she has a disability. Ask the school to evaluate your child as soon as possible.

The school will look at your child in all the areas where he/she may be affected by the possible disability and must be complete enough to identify all of your child’s needs for special education and related services. Evaluating your child appropriately will give you and the school district a lot of information to help decide if your child has a disability and how to design instruction to meet your child’s needs.

Yes, your informed written permission is required before the school may evaluate, test, or collect information of any kind. The school must provide you with information on how it will conduct the evaluation and who will be involved.

The information gathered is used to decide if your child is eligible for special education and related services and to help you and school personnel decide your child’s educational needs.

The school does not have to evaluate your child just because you ask. If the school decides your child does not have a disability or need special education it must let you know in writing as well as the reasons why it has denied your request.

Ask the school for information about its special education policies and parent’s rights to disagree with the decisions made by the school. They should provide you with materials describing the steps parents might take to challenge a school districts decision. South Dakota Advocacy Services is a federally funded program to assist parents in managing disagreements over decisions affecting their children. They can be contacted at 1-800-658-4782.

What happens if my child is determined to be eligible for special education services?

Once a child is determined to be eligible for special education a meeting must be held within 30 days to develop an Individualized Education Program, usually called an IEP.

An individualized education program (IEP) is a written document describing an educational program designed to meet a child’s individual needs. The purpose of the IEP is to set reasonable learning goals for your child and to state the services that the school district will provide for your child.

Yes, the law is very clear that you are an invaluable part of the team that develops your child’s IEP. You know your child very well and the school needs to know your insights and concerns.

Your child’s IEP must include statements describing: 1) your child’s present levels of educational performance, 2) annual goals of yearly accomplishment including short term objectives and major benchmarks, 3) the special education and related services to be provided to your child, 4) an explanation of any time that your child will be educated away from non-disabled children or not participate in extracurricular/nonacademic activities, 5)the limitations, if any, to your child participating in any state or district wide assessments, 6) when services and modifications will begin; how often they will be provided, and how long they will last, 7) your child’s transition service needs if he/she is age 14 (or younger if the IEP team determines it appropriate), 8) the needed transition services and if appropriate a statement of the interagency responsibilities or any needed links to additional agencies or services if your child is age 16 (or younger if the IEP team determines it appropriate), 9) how the school personnel will measure your child’s progress toward the annual goals and 10) how you, as parents, will be informed on a regular basis of your child’s progress and if that progress is adequate to meet the annual goals.

These are additional services that your child may need to benefit from his/her education. Related services might include: transportation, speech-language pathology, Audiology services, psychological services, physical therapy, occupational therapy, recreation (including therapeutic recreation), counseling services, orientation and mobility services, medical services for diagnostic or evaluation purposes, school health services, social work services in schools, parent counseling and training, and assistive technology. Related services might be directed towards your child’s behavior that may be interfering with his or her education. This list does not necessarily include all related services a child might need but offers typical examples.

Yes, at least once a year a meeting must be held to review your child’s progress and to develop the IEP for the next year. You do not have to wait for this annual review. You or any IEP team member may ask to have your child’s IEP reviewed or revised at any time you have concerns.

No. The IEP sets out the individualized instruction to be provided for your child, but it is not a contract. The school is responsible for providing the instructional services listed in the IEP and school officials must make a good-faith effort to help your child meet those goals. However, the school is not responsible if your child does not reach the goals listed in the IEP. If you have concerns you may wish to let the school know what they are and the IEP team may need to meet and revise your child’s IEP.

Assistive technology refers to both devices and services that can improve the functioning and independence of a person with a disability. Assistive technology is defined in the Technology Related Assistance For Individuals with Disabilities Act of 1988 as well as by the 1997 amendments to the Individuals with Disabilities Education Act (IDEA) and must be considered in the IEP process. There are a wide range of devices and services that fall within the definition of Assistive Technology which may enable your child to participate in and enhance their educational experiences including extracurricular activities and community resources.

An assistive technology device is 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 a person with a disability. The term assistive technology device includes a broad range of items or pieces of equipment that help people do things independently. These devices include items considered “low tech” such as pencil grips and earplugs, to “high tech” learning tools such as voice synthesizers, Braille readers, augmentative communication devices, and computer systems. Assistive technology devices also include items that assist mobility like manual and motorized wheel chairs; ramps, lifts, and grab bars for home, work or in a vehicle.

Assistive technology services are any services that directly assist a person with a disability in the selection, acquisition, or use of an assistive technology device. This can include information and referral services; evaluations; equipment training for the individual, their family, or the professionals working with them; product selection, adaptations, maintenance, repair, or replacement; and coordinating other interventions or therapies with the assistive technology device.

It is the responsibility of the school district to provide the equipment, services, or programs identified in the IEP. The school district may pay for equipment, services, or programs itself, utilize other resources to provide and/or pay for the device or services, or cooperatively fund the device(s) and/or services. Other resources may include, but are not limited to, Medicaid, foundations, fraternal organizations, church or social groups, charitable organizations, businesses, and individuals.

Can schools require parents to pay for assistive technology devices or services identified in their child’s IEP or require parents to use their own private health insurance to pay for the device and/or service?

The “free” in FAPE is extremely significant regarding students with disabilities who may require assistive technology devices or services. As stated in IDEA and it’s regulations, all special education and related services identified in an IEP must be provided “at no cost to the parents”. A Parent’s private health insurance and/or Medicaid may be used to pay for assistive technology devices and services. However, the parents must give permission to use their private insurance and/or Medicaid and must be fully aware of how that use will impact the future use or benefits or their insurance or Medicaid. If there will be an adverse impact a parent’s private insurance or Medicaid do not have to be used.

Can a school refuse to provide assistive technology devices or services listed in an IEP?

Schools may not refuse to include assistive technology devices or services on and IEP based on the cost of such devices or services. The only time that cost may be considered is where two alternative devices or services exist that would each enable the student to receive an appropriate education. In that case, the school may choose the less expensive option.

When are the devices and/or services identified in the IEP provided to the student’s education program?

Provisions of an IEP are required to be implemented as soon as necessary arrangements are completed, but not more than 30 school days from the date or parental consent to the IEP are obtained.

If the school district purchases the equipment, the equipment belongs to the school. If using private insurance to purchase the device, then the device belongs to the parent and is meant for the exclusive use of the student.

Can a student take the assistive technology device(s) owned by the school to their home?

Yes. If the IEP team determines that the student needs access to an assistive technology device at home to enhance, complete or implement their educational program, the student may take it home.

When a student moves from one level of schooling to another, such as from one grade level to the next, does the assistive technology device follow the student?

If an assistive technology device is necessary to fulfill the requirements of the student’s IEP, such a device must be provided in the school the student attends. The same devices may not necessarily follow the student from one school to another, but a comparable device that fulfills the IEP requirements will be needed in the new school. In many cases the assistive technology device provided to a student is unique to that particular student and in those cases, most often, the device follows the student as they progress through the educational process for as long as it is needed.

Yes. An assistive technology device may be shared if it is the property of the school and each student who requires use of the device has access to that device as needed.

Is the school district required to provide “state of the art” equipment for the student?

No. However, the school must provide appropriate technology for the student’s need to ensure a free appropriate public education. The decision as to what type of assistive technology is appropriate should be based on the assistive technology evaluation recommendations and IEP team decision. If a less expensive device would accomplish the same goal, the IEP team is under no obligation to choose a more expensive option.

Will the student become too dependent on technology and not learn to use the skills they have?

Assistive technology should be used as support for access, learning, and performing daily tasks. If assistive technology is necessary for a student to have access to educational opportunities or to benefit from education, then it is a legitimate support. Some skills are too laborious or taxing to accomplish at a rate or with a degree of proficiency to allow participation in the least restrictive environment. With assistive technology, the student can participate more fully and closer to the approximate levels of achievement and interaction of his/her peers.

If an assistive technology device is broken and beyond repair, who replaces the broken device?

If the assistive technology is necessary for the IEP to be implemented, the school district must replace the broken device. If the device is broken at home through negligence, the parents could be held responsible for the repair costs.

Are schools responsible for customization, maintenance, repair, and replacement of assistive technology devices?

Related services such as customization, maintenance, repair and replacement are included as considerations in the acquisition of equipment or devices purchased/provided by the school. Responsibilities for these services should be discussed at the IEP meeting and identified in the IEP document. If family owned assistive technology is used by the school and is listed in the IEP as necessary for providing a free appropriate public education, the school might also be responsible for maintenance, repair and replacement.

The state Assistive Devices “Lemon Law” (South Dakota Codified Laws 37-31) protects consumers when an assistive technology device is defective or does not work right to meet the needs of the consumer. The law does not cover devices altered from their original state by the consumer.

A product system is more than one piece of equipment working together to produce a desired result. An example would be a computer operated with voice synthesizer software.

How does a person distinguish between assistive technology and personal items?

Currently, IDEA does not distinguish between assistive technology and personal items. This stems in large part from IDEA’s broad definition of assistive technology. If a student with a disability needs an assistive technology device to ensure a free appropriate public education, then the school district and parents need to work together to find fiscal resources to purchase the item. Ultimately, it is the schools responsibility to provide any assistive technology device or related service provided for in an IEP.

Training is an organized, scheduled event with specific goals and, perhaps an outline of topics to be covered. Technical assistance is a more informal way of obtaining assistance, and may involve an ongoing relationship between the persons who seek assistance and those who provide it. Technical assistance may involve a great deal of “trouble shooting” or strategizing.

Training and technical assistance should be provided to the student, the student’s parents, and those persons who work directly with the student including, teachers (both special and regular education), related service providers, and instructional assistants.

This is a section of the IEP that lays out a plan to help a child move from being a student in school to an adult. The child’s input must be obtained to create his/her transition plan. The transition plan should specify activities and services to help the child move from being a student to being an adult. The activities in the plan will depend on the individual student’s needs and preferences and may include: 1) special instruction, 2) community experiences,3) employment objectives, and 4) a functional vocational assessment. The school district must involve representatives of other agencies who will be providing services to the child when he/she is an adult. These agencies might include the following:

When a student is transitioned from school to employment or other post-school environments, what happens to the assistive technology device?

If the school district paid for the device, the school would need to make that decision. It is permissible for a school district to transfer ownership of an assistive technology device to another public agency if that agency is providing continued services as a student transitions to the adult world. For example, if Vocational Rehabilitation is providing employment supports and counseling as part of the transition plan and the student needs the assistive technology device to function in their job, the school district can allow the assistive technology device they provided at school to follow the student to the workplace.

What if I do not know what kind of assistive technology devices or services my child might need?

In South Dakota there is a program called DakotaLink. DakotaLink is, in part, a federally funded program to assist individuals who may benefit from assistive technology and is available to anyone in South Dakota with limitations due to a disability or aging. DakotaLink provides free services for information and referral on assistive devices and services as well as funding information; general training on devices and services; and information on the loaning of equipment. Staff members can tell you about different kinds of devices and services, send you information about them, allow you to try out different devices, and tell you where to go for a professional evaluation to find out what is best for your child. DakotaLink also provides evaluation services, equipment acquisition, and equipment setup and training on a fee for service basis. You can contact DakotaLink by writing to 1925 Plaza Boulevard, Rapid City, South Dakota 57702-9302, by telephoning (605) 394-1876 or 1-800-645-0673 (within South Dakota only), faxing to (605) 394-5315, or by E-Mail: dlweb@tie.net or info@tie.net

Yes. The Equipment Connection referral service is a free, computerized service that matches people who have assistive technology devices for sale, loan, or to give away, with people who wish to obtain such equipment. This service is available free from:



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Information and Assistance Document