OSEP Policy Letter-Re: Assistive Technology/Audiology Services
21 IDELR 1126
Anonymous">
OSEP Policy Letter-Re: Assistive Technology/Audiology Services
21 IDELR 1126
Anonymous, Letter to (Assistive Technology/Part H)
Office of Special Education Programs
[Inquirer's Name Not Provided]
Digest of Inquiry
November 30, 1993
• What obligation does a state have under Part H to provide early
intervention services in the form of audiology services and assistive
technology (devices and services)?
Digest of Response
December 20, 1993
Part H Requires Audiology Services/Assistive Technology if Necessary to
Meet Developmental Needs of Child/Family
Under Part H, audiology services and assistive technology must be
provided to a child only if these services are determined to be relevant
to meeting the developmental needs of the child and the needs of his/her
family--considerations which must be made on a case-by-case basis in
connection with the development of the individualized family service
plan (IFSP). As a state in full implementation of the Part H early
intervention program, New Jersey is required to provide appropriate
early intervention services to all eligible children and their families.
Text of Inquiry
I am the parent of a hearing impaired [ ]. Rather than using "total
communication" (sign language), I am using an "auditory-verbal" approach
to teach speech to [ ]. With hearing aids, [ ] can hear speech sounds.
The combination of "auditory-verbal" and hearing aids are making it
possible for [ ] to become a normal, participating, mainstreamed citizen
of society.
My health insurance covers 80% of [ ]'s physician visits.
"Auditory-verbal" therapy is not covered under New Jersey's early
intervention services. Through a costly litigation for me before the New
Jersey Health Benefits Commission, 80% of [ ] therapy is covered. My
insurance provider usually makes it a difficult process to obtain
coverage of necessary hearing examinations. [ ]'s hearing aids, auditory
trainer, and supplies are not covered at all. Since February 1993, I
have spent over $3,000 on necessary equipment and supplies for my [ ]!
It's difficult for any average family to afford these costs.
Since eyeglasses and eye exams for children will be covered under the
new federal health care plan, hearing aids and hearing exams for
children must also be included for coverage. The number of children
needing hearing aids yearly is small. [ ] will not develop normal speech
and language without hearing aids. [ ]'s academic learning will also be
affected. I'm requesting your support on this legislation in Congress.
Text of Response
Thank you for your letter of November 30th to Secretary Richard Riley
regarding audiology services and devices for [ ]. Your letter was
forwarded to the Office of Special Education Programs because we are
responsible for administering the Infants and Toddlers with Disabilities
Program (Part H) of the Individuals with Disabilities Education Act
(IDEA). The purpose of this program is to provide financial assistance
to States to develop and implement early intervention services for
infants and toddlers with disabilities and their families. Under this
legislation, early intervention services that may be provided to
children who are eligible and their families include audiology services
and assistive technology (devices and services) (See § 303.12(d)(1) and
(2) of the Part H regulations which I have enclosed for your reference)
[Omitted].
Audiology services and assistive technology must be provided to a child
only if these services are determined to be relevant to meeting the
developmental needs of a child eligible under this part and the needs of
the family related to enhancing the child's development (§
303.12(a)(1)). Consideration of the eligibility and needs of your child
and family for these services must be made on a case-by-case basis in
connection with the development of the individualized family service
plan (IFSP). Participants at the meeting held to develop the IFSP based
on the results of the evaluation and assessment, must determine in light
of particular child and family needs, what early intervention services
are most appropriate.
On September 30, 1993, New Jersey began full implementation of the Part
H early intervention program. States in full implementation of the Part
H program are required to provide appropriate early intervention
services to all children who are eligible and their families. This
office contacted the State and was informed that New Jersey's Special
Child Health Services purchased a hearing aid for your child in March of
1993 using funds other than Part H. This is consistent with the
requirements of the Part H program that Part H be the payor of last
resort (§ 303.126). We have been informed that your child was scheduled
to receive his evaluation on December 14, 1993. Based on this
evaluation, if your child is eligible, an IFSP will be developed (See §
303.340--§ 303.346). Part H requires that the State provide the specific
early intervention services indicated in the IFSP as necessary for
meeting the unique needs of the child and family. For further
information regarding New Jersey's early intervention system, please
contact Terry Harrison, the New Jersey Part H Coordinator, at (609)
292-3580.
This office shares your concern for these important health care issues.
We look forward to new health care legislation which will facilitate
more comprehensive health care coverage and payment for services.
I hope that this information has been helpful. If we can be of further
assistance in any way, please do not hesitate to contact us.
Thomas Hehir
Director
Office of Special Education Programs
07/25/06