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Comparison of the
IDEA References in an OSEP Policy Guidance Letter Dated in 1993 with the
IDEA '97 Implementing Regulations |
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This happens to be the
OSEP Letter re: Hearing Aids Are Assistive Technology |
| OSEP
References to IDEA '90 |
IDEA '97 |
| "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 the functional capabilities of children with disabilities." 34 CFR §
300.5 |
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 the functional capabilities of a child with a disability. 34 CFR
§300.5 |
| Under § 300.308, each public agency must ensure
that assistive technology devices and assistive technology services, or both
are made available to a child with a disability if required as part of a
child's special education under § 300.17, related services under § 300.16,
or supplementary aids and services under § 300.550 (b) (2). |
- §300.308 (a) Each public agency shall ensure that assistive technology
devices or assistive technology services, or both, as those terms are
defined in §§300.5-300.6, are made available to a child with a disability
if required as a part of the child's -
(1) Special education under §300.26;
(2) Related services under §300.24; or
(3) Supplementary aids and services under
- §§300.28 and 300.550(b)(2).
(b) On a case-by-case basis, the use of school-purchased assistive
technology devices in a child's home or in other settings is required if
the child's IEP team determines that the child needs access to those
devices in order to receive FAPE.
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| Under Part B, each child's IEP must contain,
among other elements, a statement of the specific special education and
related services to be provided to the child. 34 CFR § 300.346 (a) (3). |
- §300.347 (a) General. The IEP for each child with a disability must
include—
- (3) A statement of the special education and related services and
supplementary aids and services to be provided to the child, or on behalf
of the child, and a statement of the program modifications or supports for
school personnel that will be provided for the child
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Further evidence that the principle still applies, can be found in
Attachment 1
of the IDEA itself. It tells us:
- "As a general matter, public agencies are not responsible for providing
personal devices, such as eyeglasses or hearing aids or braces, that a
disabled child requires regardless of whether he or she is attending school.
However, if a child's IEP team specifies that a child requires a personal
device in order to receive FAPE, the public agency must provide the device at
no cost to the child's parents. Consistent with section 612(a)(12) of the Act,
public agencies that are otherwise obligated under Federal or State law or
assigned responsibility under State policy or interagency agreement or other
mechanisms to provide or pay for any services that are also considered special
education or related services, including devices that are necessary for
ensuring FAPE, must fulfill that obligation or responsibility, either directly
or through contract or other arrangement."
- "Questions relating to damage of hearing aids are addressed in the
analysis of comments on the definitions of assistive technology devices and
services (see §§300.5 and 300.6)."
Requests for a copy of the original letter, or questions
regarding the letter, may be directed to OSEP.
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