E. Public School System
Children who have disabilities may be able to obtain AT through their public
school system. A public school system has a responsibility to identify children
who qualify for special education and related services and to provide them with
a free appropriate public education. AT is a related service available to students
who are identified as students with a disability affecting their education.
1. Coverage
AT can be funded through a public school system as an AT device or AT service.
An AT device is a piece of equipment, or product system, whether acquired commercially
off the shelf, modified, or customized, that is used to increase, maintain,
or improve function. AT services include the following:
a. Evaluating the needs of a child with a disability, including a functional
evaluation of the child in the child's customary environment;
b. Purchasing, leasing, or otherwise providing for the acquisition of AT devices
by children with disabilities;
c. Selecting, designing, fitting, customizing, adapting, applying, maintaining,
repairing, or replacing AT devices;
d. Coordinating and using other therapies, interventions, or services with AT
devices, such as those associated with existing education and rehabilitation
plans and programs;
e. Training or technical assistance for a child with a disability or, if appropriate,
that child's family; and
f. Training or technical assistance for professionals (including individuals
providing education or rehabilitation services), employers, or other individuals
who provide services to, employ, or are otherwise substantially involved in
the major life functions of that child.
2. Eligibility
A child must be eligible for special services in order to receive supports like
AT from his/her public school system. There are two laws under which a child
may be found eligible. One is the Individuals with Disabilities Education Act
(IDEA). In order to be eligible under IDEA, a child must have at least one disability
specified within the federal regulations and require special education and related
services in order to benefit from his/her education. The following conditions
are identified in the federal regulations as one of the disabilities a child
must have in order to qualify for these services:
a. Mental retardation;
b. A hearing impairment, including deafness;
c. A speech or language impairment;
d. A visual impairment, including blindness;
e. A serious emotional disturbance;
f. An orthopedic impairment;
g. Autism;
h. A traumatic brain injury;
i. Deaf-blindness;
j. An other health impairment;
k. A specific learning disability; or
l. Multiple disabilities.
If eligible, a child must begin receiving a free appropriate public education
at the age of three. Children may also be able to receive AT under Section 504
of the Rehabilitation Act of 1973. Once a student attends school and a disability
affecting his/her education is uncovered, the child qualifies to receive special
education and related services including AT. Related services are not as well
defined under Section 504 as they are under IDEA; therefore, obtaining AT may
be easier under IDEA.
3. Evaluation
A public school system may have to conduct an assessment to determine whether
AT is necessary. A public school system must evaluate an eligible student to
determine how to provide him/her with a free appropriate public education. To
make this determination, a school system must consider whether a student needs
an AT device or service. If there is a reason to believe that the student needs
AT in order to benefit from his/her education, an AT evaluation is appropriate.
4. Individualized Educational Plan (IEP)
If incorporated into a student’s IEP, AT must be provided to him/her.
A student who is eligible for special education must have an IEP that identifies
the services needed in order for him/her to receive a free appropriate public
education. A meeting to create an IEP must be held within 30 days of determining
that the child is eligible for special education and again every year to review
the progress made during the previous year. An IEP must be in effect at the
beginning of each year. If the people who are writing the IEP (the IEP team)
believe AT is needed by the child in order to receive a free appropriate public
education, then a statement to that effect must be included within the IEP.
If the IEP team believes that the child needs the AT at home as well, that fact
must be included within the plan, and the school system must allow the AT to
go home with the child.
Parents must be given the opportunity to participate in the development of their
child’s IEP. The school system must provide sufficient notice of the proposed
date and time of the meeting and make reasonable efforts in accommodating the
parents’ schedule. Parents must be able to invite people to attend the
meetings with them.
Similarly, students who qualify under Section 504 of the Rehabilitation Act
qualify for a 504 Plan. The plan should set forth what special education and
related services are necessary for a child to receive a free appropriate public
education. If a necessary related service is AT, then it should be available
to the child.
5. Supplemental Aids and Services
AT may need to be provided to a student who has a disability in order to ensure
that he/she is educated with students who do not have disabilities. A public
school system must provide an eligible student with supplemental aids and services
to assist him/her in staying a class with students who do not have disabilities.
AT may be needed by the student to stay within the regular education classroom.
For example, a student may have motor difficulties in his/her hands but can
input information into a computer through a pointing device. This equipment
can help the student take notes in class and write reports required for the
regular educational curriculum. If needed in this way, the AT can qualify as
a supplemental aid or service for the student and must be provided by the school
system.
6. Resolving Disputes
Parents have a variety of tools to assist them in resolving disputes with school
personnel. There may be times in which a dispute arises as to the contents of
the IEP. A parent can attempt one of the following methods when trying to resolve
such a dispute.
A parent can try to negotiate with school personnel during an IEP meeting or
outside of the meeting’s confines. It is possible that another opinion
can help support a parent’s position. For example, a parent might have
a friend or therapist attend the meeting too. Or a parent can obtain an independent
educational evaluation if he/she disagrees with one conducted by the school
system. The school system must pay for an independent evaluation if the parent
disagrees with the system’s assessment, unless the school system requests
a due process hearing and shows that its evaluation was appropriate. An independent
evaluation may lend support to the parent’s position and assist in resolving
the dispute.
A parent has other tools that he/she may utilize when an IEP dispute arises
with the school system. A parent can request a due process hearing. A due process
hearing is a hearing before an Administrative Law Judge (ALJ) in which parties
present evidence and an ALJ renders a decision. To request a hearing, a parent
must submit to the local superintendent a hearing request with the following
information:
a. The student’s name and home address;
b. The name of the school the student is attending;
c. A description of the nature of the problem of the student relating to such
proposed initiation or change, including facts relating to the problem
d. A proposed resolution to the extent one is known and available.
Although Georgia has a hearing request form, a parent cannot be denied a
hearing if he/she does not use the form to request the hearing.
A parent has rights during the hearing process. The hearing shall occur at a
time and place that is convenient to both parties. During the hearing, the parent
has a right to be represented by counsel and a right to present evidence. Each
party must disclose to the other documents that he/she intends to introduce
during the hearing at least five days before the date of the hearing. The ALJ
must render a decision within 45 days from when the hearing request is received
unless an extension is requested by a party and the extension would not infringe
on the rights of the student. Should a parent be dissatisfied with the ALJ’s
decision, an action may be brought in state or federal court.
Mediation can be attempted as well. A parent can request mediation as an alternative
method in which a neutral third party helps the parent and school system negotiate
an agreement. Mediation is voluntary, and either party can decide not to pursue
this method. Conversations during mediation are confidential and cannot be used
during a subsequent due process hearing; however, if the parties reach an agreement,
it must be written and can be relied upon subsequently by one of the parties.
A parent may also file a state complaint if he/she believes that the school
system has violated the federal law. The Division within the Department of Education
will write the school system and request a response within ten days. If it is
determined that a violation has occurred, the decision shall include steps necessary
for the school system to take. Unless the issue raised in the complaint is the
subject of a due process hearing, the state must have a 60-day time limit from
when the complaint is filed to when a decision is issued. A complaint can also
be filed with the Office for Civil Rights of the U.S. Department of Education.
For students who do not have an IEP but who have a 504 Plan, there is a right
to a due process hearing. Complaints can similarly be filed with the state and
the federal Departments of Education.
7. Contacts
a. Questions and requests for assistance can be directed to:
The Georgia Advocacy Office
100 Crescent Centre Parkway, Suite 520
Tucker, GA 30084
(404) 885-1234
(800) 537-2329
(770) 414-2948 (fax)
info@thegao.org
http://www.thegao.org
b. Within the Georgia Department of Education, the Georgia Project for Assistive
Technology assists local school systems:
The Georgia Project for Assistive Technology
Kim Hartsell
528 Forest Parkway, Suite C
Forest Park, GA 30297
(404) 362-2024
(404) 608-2559 (fax)
http://www.gpat.org
c. A complaint that a school system has violated the federal law can be submitted
to one of the following:
Director, Division of Exceptional Students
Georgia Department of Education
1870 Twin Towers East
Atlanta, GA 30334
(404) 656-3963
(404) 651-6457 (fax)
U.S. Department of Education
Office for Civil Rights
www.ed.gov/offices/OCR
Customer Service Team
Mary E. Switzer Building
330 C Street, SW
Washington, D.C. 20202
(800) 421-3481
(202) 205-9862 (fax)
(877) 521-2172 (TDD)
OCR@ed.gov