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Regulations

From the U.S. Department of Education Assistance to States for the Education of Children With Disabilities and the Early Intervention program for Infants and Toddlers With Disabilities; Final Regulations (regarding the Individuals with Disabilities Education Act), March 12, 1999.


Free Appropriate Public Education (FAPE)

Regarding the provision of free appropriate public education (FAPE)
300.308 Assistive Technology.

  1. 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).

  2. 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.


Individualized Education Program (IEP)

Regarding the development of the Individualized Education Program (IEP)
300.346 Development, review and revision of IEP.

  1. Consideration of special factors.
    The IEP team also shall –
    1. Consider whether the child requires assistive technology devices and services.

Similar regulations are found in North Carolina Procedures Governing Programs and Services for Children with Disabilities. In addition to consideration of assistive technology, North Carolina Procedures states the following:

Statement in IEP. If the IEP Team determines that a child needs a particular device or service, including an intervention, accommodation, or other program modification in order for the child to receive a free appropriate public education, the IEP team must include a statement to that effect in the IEP. Section .1507.B.(3)
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