Common use of Assistive Technology Clause in Contracts

Assistive Technology. If the student’s/consumer’s assessed needs require the use of assistive technology to provide a free appropriate public education, such equipment must be provided in accordance with the IEP or in a Section 504 plan, if the student is not served by special education (34 CFR 300.105, 34 CFR 104.33, and 104.34). Similarly, if the assistive technology is needed to prepare the student for the world of work, then the need must be related to the employment outcome for the transitioning student and provided in accordance with the IPE (The Rehabilitation Act, Section 102(b)(3)(A)(B); 34 CFR 361.46(a)(2)(i)). (Refer to Section II(B)(6) “Assistive Technology Device and Services” of this agreement for definitions.) At the point where XXX becomes involved in transition services planning for the individual student with a disability, education and rehabilitation staffs should review the assistive technology needs of the student and define how assistive technology will be provided. It is the responsibility of the LEA to purchase equipment for students with disabilities if the student requires specialized books, materials, and equipment for school indicated by the student’s IEP or the Section 504 plan. The purchase of the equipment by the LEA is for use by the student as indicated in his/her IEP. The equipment purchased with state or federal funds remains the property of the state, whereas, any service or purchase required by the individual for employment and/or education beyond high school graduation would be provided by DOR. Equipment purchased by DOR will remain the property of DOR until the student’s case is successfully closed. When a student is near graduation, the DOR can support the purchase of equipment for the student/consumer as defined in the IPE if it is needed for the completing of the rehabilitation goal. Assistive technology devices or services are made available through special education funds to students with an IEP or through general education funds to students with disabilities not in special education as defined by Section 504. Determination of whether a student with a disability requires assistive technology devices or services under this program must be made on an individual basis through an IEP (34 CFR 300.105) or as required pursuant to settings other than the student’s school (e.g., the student’s home or other parts of the community). Under the Rehabilitation Act, an individual with a disability is eligible for assistive technology as required and identified in the IPE to achieve the consumer’s intermediate rehabilitation objectives and long-term goals of employment and rehabilitation. This technology is exempt from the comparable services and benefits requirements (The Rehabilitation Act, Section 101(a)(8)(A)). Referral for assessment of assistive technology services is allowed, where appropriate, for the provision of rehabilitation technology services to an individual with a disability to assess and develop the capacities of the individual to perform in a work environment (The Rehabilitation Act, Section 7(2)(C)). As prescribed under the Rehabilitation Act, the IPE should provide for regular and periodic assessments to ensure that a match exists between the supports, the technology, and the current and changing needs of the individual. In addition, the IPE should address the training needs of the individual who will be using the technology, as well as other people involved in the provision of services who require the information (Senate Report 102-357, p.39).

Assistive Technology. ‌ If the student’s/consumer’s assessed needs require the use of assistive technology to provide a free appropriate public education, such equipment must be provided in accordance with the IEP or in a Section 504 plan, if the student is not served by special education (34 CFR 300.105, 34 CFR 104.33, and 104.34). Similarly, if the assistive technology is needed to prepare the student for the world of work, then the need must be related to the employment outcome for the transitioning student and provided in accordance with the IPE (The Rehabilitation Act, Section 102(b)(3)(A)(B); 34 CFR 361.46(a)(2)(i)). (Refer to Section II(B)(6) “Assistive Technology Device and Services” of this agreement for definitions.) At the point where XXX becomes involved in transition services planning for the individual student with a disability, education and rehabilitation staffs should review the assistive technology needs of the student and define how assistive technology will be provided. It is the responsibility of the LEA to purchase equipment for students with disabilities if the student requires specialized books, materials, and equipment for school indicated by the student’s IEP or the Section 504 plan. The purchase of the equipment by the LEA is for use by the student as indicated in his/her IEP. The equipment purchased with state or federal funds remains the property of the state, whereas, any service or purchase required by the individual for employment and/or education beyond high school graduation would be provided by DOR. Equipment purchased by DOR will remain the property of DOR until the student’s case is successfully closed. When a student is near graduation, the DOR can support the purchase of equipment for the student/consumer as defined in the IPE if it is needed for the completing of the rehabilitation goal. Assistive technology devices or services are made available through special education funds to students with an IEP or through general education funds to students with disabilities not in special education as defined by Section 504. Determination of whether a student with a disability requires assistive technology devices or services under this program must be made on an individual basis through an IEP (34 CFR 300.105) or as required pursuant to settings other than the student’s school (e.g., the student’s home or other parts of the community). Under the Rehabilitation Act, an individual with a disability is eligible for assistive technology as required and identified in the IPE to achieve the consumer’s intermediate rehabilitation objectives and long-term goals of employment and rehabilitation. This technology is exempt from the comparable services and benefits requirements (The Rehabilitation Act, Section 101(a)(8)(A)). Referral for assessment of assistive technology services is allowed, where appropriate, for the provision of rehabilitation technology services to an individual with a disability to assess and develop the capacities of the individual to perform in a work environment (The Rehabilitation Act, Section 7(2)(C)). As prescribed under the Rehabilitation Act, the IPE should provide for regular and periodic assessments to ensure that a match exists between the supports, the technology, and the current and changing needs of the individual. In addition, the IPE should address the training needs of the individual who will be using the technology, as well as other people involved in the provision of services who require the information (Senate Report 102-357, p.39).