CFR CFR CFR CFR (a)(2)(v) TEC TAC 89

Transcription

1 Assistive Technology Legal Reference Assistive Technology service means any service that directly assists a student with a disability in the selection, acquisition, or use of an assistive technology device. An assistive technology device is any item, piece of equipment or product system, whether acquired commercially, modified or customized, that is used to increase, maintain, or improve the functional capabilities of a student with a disability. The term does not include a medical device that is surgically implanted, or the replacement of such a device. Assistive Technology services may include: The evaluation of the need for assistive technology Purchasing, leasing or otherwise providing for the acquisition of assistive technology devices Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing or replacing assistive technology devices Coordinating and using other interventions or services with assistive technology such as those associated with existing educational services Training or technical assistance to teachers, service providers, or other individuals who are substantially involved in the major life functions of the student. CFR CFR CFR CFR (a)(2)(v) TEC TAC 89 EHBA (Legal) Assistive technology devices or services are made available to a student with a disability if required as part of the student s special education, related services or supplementary aids and services. The need for assistive technology is considered in each full and individual evaluation (FIE). Assistive technology is discussed and consideration given to the competencies, strengths and weaknesses, and recommendations in the evaluation report. Resources: The Texas Assistive Technology Network Region 4 Education Service Center Guidelines for An Assistive Technology Screening Request All requests for assistive technology should begin with a Request for Informal Consultation with the service provider that is qualified to determine if a full evaluation is needed. Guidelines for Informal Consultation Request 1. A Screening Request Form should be obtained if a teacher, staff member or parent has a concern about a student that they feel might be addressed by the addition of a related service to the student s special education instructional plan. These may be obtained in the Diagnostician s office or through the Coordinator for Diagnostic, Speech and Related Services. 2. The screening request form is completed. CFR CFR CFR USC 1414 (D) 20 USC 1414 (a)(1)(e) TEC EHBAE (Legal) EHBAA (Legal) CFR CFR TAC

2 3. The person requesting the consultation gathers any additional data requested at the bottom of the form. When completed, they inform the parent of the pending consult and arrange for the Informed Consent form to be signed. The person providing the parent with informed consent must also sign at the bottom of the form 4. This documentation is then sent to the Coordinator for Diagnostic, Speech and Related Services. 5. The Coordinator s office will log the receipt of the consult request and forward it to the assistive technology specialist who will then complete the consult within 30 days. 6. The assistive technology specialist, upon carrying out the screening, will complete a written report on the Assistive Technology Screening form found in SEMS and contact the parent and the teacher to review the report. 7. The Assistive Technology Screening report shall consider the following areas: Computer access Environmental control Communication Listening Visual aids Mobility Physical education/ recreation and leisure Personal management and daily living 8. A copy of the Assistive Technology Screening report shall be given to the Diagnostician who will see that it is filed in the student s special education state file. A copy will be provided to the parent and to the requestor. 9. The assistive technology specialist will inform the campus Diagnostician that the screening has been completed. An ARD committee shall be convened to review the consultation report. The ARD committee shall determine if further evaluation is to be completed or if specific modifications are to be included in the student s IEP and implemented. This ARD committee meeting should be held within 15 school days of receipt of the results of the consultation, but in no case more than 30 calendar days after the Assistive Technology Screening report is written. Assistive Technology Evaluations When considering assistive technology, the assistive technology specialist will conduct an evaluation, make recommendations about the need for assistive technology, and make recommendations for accommodations, potential devices, and service delivery. The evaluation will be in the context of the Full and Individual Evaluation (FIE) and will focus on accessing instruction. After considering the need for intensive intervention, the age and developmental level of the student, and the student s effort, attitude, and motivation, the ARD committee determines whether or not the student is eligible for assistive technology and/ or assistive technology services. CFR CFR (15) CFR 300.8(c)(11) TAC EHBAA (Legal) In addition to the evaluation and determination of need, the assistive 2

3 technology specialist will include recommendations for services. Service delivery models include monitoring, consultation, classroom based services; pull out in an individual or group setting, community based, or a combination of these options. Recommendations will also include goals/objectives and frequency and duration of sessions. An evaluation for assistive technology is required before any assistive technology or assistive technology services can be recommended. The completed report and eligibility for assistive technology must be maintained in the student s state audit file. Students who are not eligible for special education may not, by law, be served by an assistive technology specialist or receive assistive technology. The assistive technology specialist and / or the technology assistance team will conduct the evaluation. The evaluation will be reported on the Assistive Technology Report found in SEMS and can be included in the student s FIE. The findings are also documented on the FIE Summary Report: Related Services in SEMS. The assistive technology specialist is a certified special education teacher who has had additional training in providing assistive technology services. The team may also include an Occupational Therapist, Physical Therapist, Speech Language Pathologist, Educational Diagnostician, Vision Teacher, teacher of the Auditorially Impaired, or others. An ARD committee must be convened no more than 30 calendar days from the date of the report to consider recommendations in the report and determine what services may be needed to implement the student s IEP. The assistive technology specialist should be included at that ARD meeting. A copy of the ARD deliberations shall be forwarded to the assistive technology specialist to ensure service delivery and support. Consideration of a re-evaluation must be made every three years. It is recommended that efforts be made to coordinate all evaluations so that the consideration of re-evaluations is synchronized. Dismissal from Assistive Technology Services Whenever considering dismissal from assistive technology, the assistive technology specialist shall be contacted prior to any final decision regarding dismissal. These decisions can only be made by the student s ARD committee. EHBAB (Legal) The following are considerations for dismissal from a related service for any student receiving a related service: 1. Duplicate services are being provided and the student is benefiting from the special education program 2. Environmental or curricular adaptations have been established to allow for achievement of educational goals 3. Current related service IEP goals and objectives have been mastered and no further needs are projected 4. The areas of concern being addressed in the therapy no longer interfere with the student s ability to function or make 3

4 progress in the educational setting 5. Information from teachers showing no further need for service to make adequate educational progress 6. Information from parents showing no further need for service 7. Therapy is no longer affecting change in the student s level of functioning or rate of skill acquisition 8. Student does not want to continue in the related service and it is in his/her best interest to discontinue services When a student meets one of the dismissal criteria, the assistive technology specialist may recommend an evaluation to consider dismissal from services. The campus will provide Notice of Evaluation to the parent and obtain Consent for Assessment/Evaluation for the evaluation. A review ARD must be held to review the evaluation report and recommendations for the related service. The final decision regarding the provision of assistive technology is the responsibility of the ARD committee. Transfer Students If a student was receiving assistive technology in the previous district, the student should receive those assistive technology services as soon as Goose Creek CISD is aware that these services were being provided. These services must be documented in the student s transfer ARD. A copy of the Transfer Intake Packet or Transfer ARD must be made and sent to the assistive technology specialist serving the campus so that these services can begin appropriately. CFR (e),(f) 20 USC 1414(d)(2)(c)(i) EHBAB (Legal) Assistive Technology Devices There may be special circumstances when the ARD committee determines that the use of assistive technology purchased by Goose Creek ISD is to be used in the student s home or in other settings is required. This would be in those cases when the student needs access to assistive technology devices in these setting in order to receive a free, appropriate public education. The School Equipment Use Agreement form should be used to document these arrangements and included with the ARD documentation in the student s state audit file. This arrangement shall be reviewed annually and a new agreement form signed. CFR USC 1412(a)(1) USC 1412(a)(12)(B)(i) The ARD committee determines the nature of the devices to be used by the student to access the general education curriculum. It would not be appropriate for the ARD committee to specify brand, make, or model of the device. The ARD committee shall not request or require that the parent provide the device. It should be remembered that devices are used to provide access, not maximize performance. Parentally provided assistive technology devices may be used in the school setting if the assistive technology specialist has reviewed the device(s), become familiar with its appropriate application, determined that the device is appropriate to meeting the student s IEP goals/objectives and has provided training to staff members. Should the parent have purchased and/or provided an assistive technology 4

5 device that meets the ARD committee s recommendation and request that their device be used at school, the ARD committee shall document that Goose Creek CISD is ready, willing and able to provide assistive technology devices recommended by the ARD committee at no cost to the parent, but will be using the device provided by the parent at their request. Transfer of Assistive Technology Devices Transfer of an assistive technology device is the process by which a school district that has purchased an assistive technology device may sell, lease, or loan the device for the continuing use of a student with a disability changing the school of attendance in the district or leaving the district. CFR TAC TEC If a student transfers to another school in Goose Creek CISD, the device does not automatically move with the student. The student s teacher shall inform the Educational Diagnostician and the Assistive Technology specialist working with the student. The Assistive Technology specialist shall contact the student s parents and document that they agree to have the assistive technology device moved to the new campus on the Notice for Release/Consent to Request Confidential Information or Transfer Assistive Technology (AT) Device form in SEMS. Upon receipt of parental consent, the Assistive Technology ensures that any device(s) are transferred to the receiving Goose Creek CISD campus, and that training is provided to the appropriate staff members. If a student transfers to another school district, the student s teacher shall inform the Educational Diagnostician and the Assistive Technology specialist who was working with the student. The Diagnostician will contact the campus Special Education Services Coordinator, inform them that the student has ceased to attend school in Goose Creek and describe the assistive technology device that Goose Creek CISD had purchased for the student. The Assistive Technology specialist will bring the assistive technology device to the special education central office. The campus Special Education Services Coordinator will confer with the Director of Special Education regarding the potential transfer of the assistive technology device. The standards for a school district s transfer of an assistive technology device, disseminated annually by the Texas Education Agency, shall be reviewed as they apply to the device in question. The campus Special Education Services Coordinator will contact the parent and review the available options regarding transfer of an assistive technology device which include: Transferring the device to the school district in which the student has enrolled, or Transferring the device to a state agency, including the Texas Rehabilitation Commission and the Texas Department of Mental Health and Mental Retardation, that provides service to the student following the student s graduation from high 5

6 school, or The student s parents, or the student if the student has the legal capacity to enter into a contract. The campus Special Education Services Coordinator and/or Assistive Technology specialist will consult with the Region IV Education Service Center Assistive Technology specialists and/or the manufacturers of the device to determine the fair market value of the assistive technology device. Reasonable allowances for use will be considered in the calculations. The TEA form UNIFORM TRANSFER AGREEMENT (For the Sale of an Assistive Technology Device Pursuant to Texas Education Code ) will be used to document the person or entity to whom the device is being transferred, the description of the device, terms of the transfer and any warrantees that may be included in the transfer and the fair market value of the device. The fair market value is the price that the device will be sold to the receiving entity or individual. The parent is asked to sign the Uniform Transfer Agreement and indicate whether or not they have been fully informed and understand the schools request for their consent, they agree to the transfer of the assistive technology device and that they understand that their consent is voluntary and may be revoked. The parent is also asked to sign the Notice for Release/Consent to Request Confidential Information or Transfer Assistive Technology (AT) Device form in SEMS. The Director of Special Education shall make arrangements for an invoice, if any, to be created and sent, with the assistive technology device, to the receiving party. 6