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February 2004
Technical Assistance Paper
312097
The Transfer
of
Assistive
Technology to Home,
Other Districts, Other
Schools, and Other
Agencies
Background
When a student is provided with assistive technology products or services, it is a statement by
the individual educational plan (IEP) team that the assistive technology is needed to maintain or
improve the functional capabilities of the student and consequently provide greater benefit from
the educational program.
When the student transfers from one setting to another
, the assistive technology continues to be
necessary to the student’
s educational achievement.
Transfer of assistive technology
, however
,
often poses particular dif
ficulties for districts that have purchased the technology and raises
questions related to the transfer of district equipment.
This technical assistance paper (T
AP) addresses questions related to the transfer of assistive
technology from one location to another
.
•? Information is provided regarding the school district’
s responsibility when students wish
to take assistive technology home during the school year or over the summer
.
•? Information regarding school district’
s responsibilities in transferring assistive technology
to other classrooms, schools, districts, and states is included.
•? Information regarding provisions for the transition of assistive technology following
graduation is also addressed.
This
TAP is intended to address issues frequently encountered by parents, educators, and admin?
istrators regarding the transfer of assistive technology
. Information is presented in question-and-
answer format to clarify legal requirements and suggested ef
fective practices in the provision of
assistive technology
.
Owning, Pur
chasing, and Maintaining
Assistive
Technology
1. Who owns the assistive technology that is pur
chased for
the student?
If the school district purchases the device, it belongs to the school district, and the
IEP team is bound by the school district’
s policies regarding the transfer and disposal of the
equipment.
W ith other funding, the device may belong to the student.
If the equipment is the
student’
s personal property (e.g., not purchased by the district) the district’
s policies do not
REFER
TO:
TECHNICAL ASSIST ANCE P APERS
APs) are produced per
iodically b
y
the Bureau of Instr
uctional Suppor
t and Community Ser
vices to present
discussion of current topics
.
The TAPs may be used f
or inser
vice sessions
,
technical assistance visits
, parent organization meetings
, or interdisciplinar
y
discussion g
roups.
Topics are identified b
y state steer
ing committees
, distr
ict
personnel, and individuals
, or from progr
am compliance monitor
ing.
BUREA U OF INSTRUCTIONAL SUPPOR
T AND COMMUNITY SER
VICES
Karen Morris
325 West Gaines Street, Room 601
Tallahassee, FL 32399-0400
karen.morris@fldoe.org
850/245-0478 or SC 205-0478
Jim Horne, Commissioner
QUESTIONS
(T
1€
apply
.
The following options are
available for the funding of this technology
.
The school
district may
• pay for the device, service, or programs
• utilize other resources to provide the equipment
• cooperatively fund the device and services.
Other resources may include but are not limited to Medicaid, foundations, fraternal and
social or
ganizations, religious groups, charitable or
ganizations, businesses, and individuals
(34 CFR § 300.308).
Most other options for funding, such as Medicaid or private insurance, allow the technology
to become the property of the student.
Consequently
, private ownership solves many issues
related to the transfer of equipment from one location to another
.
Funding is the deciding factor in ownership.
Ownership is the deciding factor in the transfer
of technology
.
2.?Can schools r
equire the par
ents to pur
chase assistive technology devices or
services
identified in a student’
s IEP or require the families to use their
own private health
insurance to pay for the devices and services?
No, it is the responsibility of the school district to provide the equipment, services, or pro-
grams identified in the student’
s IEP
. The “free” in “free appropriate public education” is
extremely significant regarding students with disabilities who may require assistive technol?
ogy devices or services.
The Individuals with Disabilities Education
Act (IDEA) states that
all special education and related services identified in the student’
s IEP
must be provided “at
no cost to the parent.”
3.?If families choose to use their insurance or other funding, may assistive technology
purchased by these methods be sent to school to be used to implement the student’
s
IEP?
The school district may use technology purchased by families’ private insurance or purchased
by other means to meet IEP
goals (34 CFR § 300.142(f)).
However, if the families’
insurance
is used, family members must be aware of future consequences of using private insurance to
assure that they are not adversely af
fected by this decision.
The school can pay for the
deductible or co-payment with IDEA Part B funds (34 CFR § 300.142(g)(2)).
4. Who is r
esponsible for
maintenance and r
epair of the assistive technology?
During the course of its use, the school district is responsible for maintenance and repair of
technology required to meet IEP goals.
If parents agree to use family owned assistive tech?
nology to fulfill the IEP
, the school is still responsible for maintenance and repair
.
(OSEP Policy Letter to
Anonymous, 21 IDELR 1057 [8/9/94]).
2€
5.?
If the school district owns the assistive technology equipment, can the student take the
equipment home?
Yes, if the student’
s IEP
states that the student needs access to a device in the home or other
settings in order to receive a free appropriate public education, the technology must be
provided to implement the IEP
. IEP teams make this decision on a case-by-case basis (34
CFR § 300.308).
6.?May a student who is in a hospital/homebound pr
ogram receive assistive technology
equipment and services?
Yes, if the student is enrolled in public school and an IEP
was developed prior to enrollment
in the hospital/homebound program, then the student must be provided all technology and
services as stated in the IEP
.
If the student is enrolled in public school and was not assigned assistive technology and did
not have an IEP prior to the enrollment in the hospital/homebound program, then the student
must be referred to the exceptional student education (ESE) evaluation team and district
procedures for an assistive technology evaluation must be followed. If the student meets the
requirement for an ESE program, the student must be provided with all assistive technology
determined by the evaluation team and stated in the IEP
.
Transfer
of
Assistive
Technology Devices
7.?Does the assistive technology device transfer with the student when the student moves
from one school to another
in the same district?
If an assistive technology device is necessary to implement the requirements of the student’
s
IEP, such equipment must be provided in the school the student attends.
The same device
may not necessarily follow the student from one school to another
, but a comparable device
that fulfills the IEP requirements must be provided in the new school.
8.?Does the assistive technology device transfer with the student when the student moves
from one school district to another?
The sending district may choose to of
fer the device or equipment to the receiving district,
offer the device to another student in the sending district’
s program, of
fer the device to
another federally funded program, or dispose of the device according to school district
policy
. Since students profit from continual use of the same technology
, districts are
encouraged to transfer equipment with the student.
9.?What happens when a student moves to another school without transferring the assis?
tive technology and the new school’
s IEP team does not r
ecommend provision of an
assistive technology device?
The parent or personnel of the former school should provide information on the prior use of
assistive technology to the IEP
team.
The parent should meet with the IEP
team and request
3€
that assistive technology be considered as a means to access the special or general education
curriculum in the new setting.
The parent should request that the IEP
team provide a
classroom trial and training on the former assistive technology to determine its application to
the new school’
s classroom program. If this request is not successful, the parent may request
mediation to help clarify and resolve issues about the purchase or implementation of the
assistive technology
. If the issues can not be resolved and the parents request a due process
hearing, the new school must provide the device until the case is resolved. (OSEP Policy
Letter to Reiser
, U. S. Dept. of Education, Of
fice of Special Education Programs, 7/17/86, 2
Education, Handicapped L. Rep. 21
1:403)
10.
If a student moves to another state, what happens to the assistive technology device?
Districts are encouraged to transfer equipment with the student and may choose to release a
district owned device.
11. If the student is eligible for extended school year services, may the student have access
to assistive technology devices and services during this time?
Yes, if assistive technology identified in the IEP
is assigned for a student’
s educational
program, the student may use the assistive technology during the extended school year
.
12.
Can the assistive technology be taken home during the summer months?
Yes, the device may be taken home during the summer if the IEP
specifically addresses the
educational goals that necessitate the use of the device during the summer months.
13. Ar
e school districts r
equired to pr
ovide assistive devices to students in private schools?
The answer to this question depends on the specific situation.
Students with disabilities who have been placed in private schools by their parents do not
have an individual right to receive some or all of the special education and related services
that the student would receive if enrolled in a public school.
However, under the require?
ments of the Individuals with Disabilities Education
Act (IDEA), school districts must make
some provisions for of
fering services to students with disabilities enrolled in private schools.
The school district is required to spend an amount equal to a proportionate amount of federal
funds made available to the district under Part B of IDEA.
Through meaningful consultation
with private schools, decisions are made regarding which students will be served and what
services will be provided. If it has been determined that a district will provide services to
students with disabilities who attend a specific private school and assistive technology is a
service the district has agreed to provide, then this decision would be recorded on the
student’
s services plan and the district would provide the service.
If the school district places the student in the private school through the provisions of Rule
6A-6.0361, F
AC, “Contractual
Arrangements with Nonpublic Schools” and the IEP
team
determines that assistive technology is a need for the student, then the district would have an
obligation to provide this service.
4€
Transition of
Assistive
Technology to Post-Secondary Settings
14. Can students take the assistive technology with them when they graduate?
District policy and the transition IEP will determine if the technology device can transition
with the student.
If the family or another funding source purchases the device for the student,
it is the property of the student and may be used by the student for post-graduation activities.
15. What is the r
esponsibility of the IEP
team for
the transition of assistive technology
devices and services?
If a device is needed by a student to benefit from his or her educational program, a device
will be needed for post-secondary education, employment, and work-related services. In
order to assure the transition of assistive technology devices and services at graduation the
following provisions must be met:
•? On or before the student’
s 14th birthday
, or earlier if determined by the transition IEP
team, and annually thereafter
, the IEP
must include a statement of transition service
needs that focus on courses of study (34 CFR § 300.347(b)(1)).
For assistive technol?
ogy, this course of study should include training for independence on the technology
the student is using. Independence in using and understanding the technology is a key
factor in successful transition upon graduation.
Advocacy training should also begin
at this time to help the student become an advocate for technology needed after
graduation.
•? On or before the student’
s 16th birthday and annually thereafter
, the transition IEP
team should include a statement of needed transition services and agencies’ responsi?
bilities and linkages (34 CFR § 300.347(b)(2)).
For a student with technology needs,
the IEP should include a statement of needed assistive technology transition services
for the student including a statement of agency assistive technology provision and/or
support responsibilities and service linkages.
The needed assistive technology transi?
tion services for the student could be the replacement of current technology
, contin?
ued support for current technology
, or funding of new technology to support addi?
tional post-graduation responsibilities.
16.
Who pays for the assistive technology and support that may be needed in post-second?
ary activities?
The transition IEP team should identify the appropriate agencies and begin to explore the
availability of funding.
17. Ar
e these agencies r
equired to attend the transition meeting and fund the assistive
technologies needed in the post-secondary setting?
No, but the transition IEP
team can increase the probability that this will occur
. If the agency
invited to send a representative to a meeting does not do so, the transition IEP team shall take
steps to obtain the participation of another agency (34 CFR § 300.344(b)(3)(ii)).
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18.
How can the IEP team advocate for needed assistive technology?
Upon parental consent, the transition IEP team can provide a copy of the transition IEP to the
agency and request a commitment from the agency
.
This action should be documented in the
IEP.
The IEP
team should describe all services and assistive technology equipment in detail
so the level of resources and necessary support is clear
.
These procedures can start when the
student is as young as age 14, if appropriate.
19.
How can a student be a good self-advocate for post-graduation assistive technology
support?
The student should receive training on self-determination and self-advocacy
.
The student
should also have a complete understanding of the assistive technology and services needed
and be prepared to use the technology as independently as possible.
Transition IEP
goals
should address those skills needed for self-advocacy and independence in selection and use
of assistive technology
.
20
.
What if the agency fails to pr
ovide the assistive technology to which it has committed?
If the participating agency fails to provide the agreed upon transition services described in
the transition IEP
, the IEP
team shall reconvene to identify alternative strategies to meet the
transition goals.
21. When developing the post-school outcome statement in the IEP
, can a par
ent, student,
or transition IEP team member bring an expert to explain the technology that would
be useful in a post-secondary setting?
Yes. Parents should notify the transition IEP
team that an expert will be attending the meet?
ing, allowing the team to plan time for a discussion with the expert.
Team members must
inform the parents of the participation of other individuals provided by the district to the IEP
team who have knowledge or special expertise about assistive technology
.
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