OSEP Policy Letter-re: who provides Asst Technology
22 IDELR 373
2 ECLPR 93
Galloway">
OSEP Policy Letter-re: who provides Asst Technology
22 IDELR 373
2 ECLPR 93
Galloway, Letter to (Assistive Technology)
Office of Special Education Programs
Mr. Jaime Galloway
Superintendent
North Dakota School for the Deaf
1401 College Drive
Devils Lake, North Dakota 58301-1596
Digest of Inquiry
March 28, 1994
Digest of Response
December 22, 1994
State Determines Which Public Agency Must Pay for Assistive Technology
Device
If the IEP of a child with a disability indicates that he/she requires
an assistive technology device such as a hearing aid as part of his/her
special education, then the responsible public agency would be required
to provide the device at no cost to the parents. In the situation where
a child attends a state-supported school for the deaf, the determination
as to whether the child's home school district or the state school for
the deaf must pay for the device is a matter of state law, regulation,
or policy. Part B does not prohibit the responsible public agency from
seeking funds from sources other than the parents, and ultimately, the
state is responsible for ensuring FAPE.
State's Regulation Regarding Financial Responsibility for Personal Items
Required Amendment
A state's regulation, which provided that parents were to assume costs
for personal items such as hearing aids, required an additional
statement explaining that if such items were specified on the child's
IEP as a necessary part of the child's FAPE, they would be provided at
no cost to the parents.
Text of Inquiry
Enclosed is North Dakota Century Code (NDCC) 15-59-02.1 as it relates to
hearing aids and responsibility for purchasing. [omitted]
Also enclosed is a letter you sent Dr. Peter Seiler, Supt., Illinois
School for the Deaf, in regards to individual hearing aids. [omitted;
see 20 IDELR 1216]
My understanding is that hearing aids could be covered under the
definition given with assistive technology devices, Part B of IDEA, if
specified in the IEP that a child needs the hearing aid(s) for education
purposes.
My questions to you are--Who is responsible to purchase the hearing aids
if the IEP indicates they are necessary? Would this be the
responsibility of the home school district or the state supported school
for the deaf?
Should language be added to the NDCC that would include a statement
"unless otherwise specified in the IEP for educational purposes"?
I await your reply.
Text of Response
This is response to your letter to the Office of Special Education
Programs seeking answers to several questions concerning hearing aides
as assistive technology devices under Part B of the Individuals with
Disabilities Education Act (Part B). Specifically, you want to know who
is responsible for the purchase of the hearing aid if the individualized
education program (IEP) indicates that the hearing aid is necessary?
Would it be the responsibility of the home school district or the state
supported school for the deaf? You also ask if Section 15-59-02.1 of the
North Dakota Century Code (NDCC)1 should be amended to include the
statement "unless otherwise specified in the IEP for educational
purposes."
Under Part B, each State must ensure that a free appropriate public
education (FAPE) is made available to all children with disabilities
within mandated age ranges residing within the State. 20 U.S.C. §
1412(1). FAPE means, in part, special education and related services
provided in conformity with an individualized educational program (IEP).
20 U.S.C. § 1402(a)(18). The IEP for each child with a disability must
contain a statement of the special education and related services to be
provided to the child, as well as, a statement of the needed
supplementary aids and services. 34 C.F.R. § 300.346(a)(3) and 34 C.F.R.
Part 300, Appendix C, Question 48. Thus, if a child with a disability
requires an assistive technology device(2) as part of his/her special
education, related services or supplementary aids and services, that
need must be reflected within the child's IEP. Under these
circumstances, the responsible public agency would be required to
provide the assistive technology device to the child at no cost to
his/her parents. See, 34 C.F.R. § 300.308. Nothing in Part B, however,
would preclude the public agency from seeking funds from outside the
agency so long as there was no cost to the child or his/her parents.
The State is ultimately responsible for ensuring that a free appropriate
public education (FAPE) is made available to all children with
disabilities within the mandated age ranges residing within the State.
The determination of which public agency within the State (i.e., local
educational agency or State school for the deaf) is responsible for
providing FAPE (inclusive of an assistive technology device that is part
of a child's special education, related services, or supplementary aids
and services) is a matter of State law, regulation or policy. See, 20
U.S.C. § 1412(6) and 34 C.F.R. § 300.600.
Based upon our review of NDCC Section 15-59-02.1, we believe that it
would be necessary for the State to amend this provision to the extent
that it relates to parents' financial responsibility for items which may
be part of an individual child's FAPE (i.e., hearing aids) and, as such,
would have to be provided at no cost to the parent. Our office has
contacted the appropriate persons within the State concerning this
issue. The State Educational Agency has indicated that it will make the
necessary changes.
I hope that this information is helpful to you. If I may be of further
assistance, please let me know.
Thomas Hehir
Director
Office of Special Education Programs
07/25/06