This blog is the second in a three-part series based on the recent webinar presentation “Your Future, Your Tools: AT for the Road Ahead.” The segment, titled “Differences Between IDEA/504 (K–12) and ADA Protections,” was presented by Jan Garrett, Deputy Director of ADA Programs at the Pacific ADA Center. The series explores how key disability rights laws ADA, IDEA, and Section 504, support access to AT at different stages of life. This second post focuses on the Individuals with Disabilities Education Act (IDEA). Jan discusses how IDEA ensures that eligible students with disabilities receive special education services and access to AT throughout their K–12 education.
Overview of the Law
The Individuals with Disabilities Education Act (IDEA) is an education law that provides federal financial assistance to state and local education agencies to guarantee special education and related services for eligible children with disabilities. IDEA was reauthorized and amended effective August 2006 for Part B, which applies to school-aged children, and September 2011 for Part C, which applies to infants and toddlers.
IDEA also makes clear that AT can be an essential part of the services a child receives.
Who is Covered Under IDEA
Children ages 3–21 in K–12 education may be determined eligible for services under IDEA if a multidisciplinary team finds that they meet the criteria for one or more of 13 specific disability categories and require special education and related services. These categories include, but are not limited to:
- Autism
- Deafness
- Deaf-blindness
- Hearing impairments
- Intellectual disabilities
- Serious emotional disturbance
- Speech or language impairments
- Visual impairments, including blindness
Through IDEA, students who qualify under these categories can receive individualized support and related services, which may include AT, to help them access their education and fully participate in the classroom.
Free Appropriate Public Education (FAPE)
The IDEA guarantees a Free Appropriate Public Education (FAPE) for eligible children with disabilities. FAPE includes both special education and related services provided at no cost to parents. Special education refers to specially designed instruction tailored to meet the unique needs of each child with a disability, while related services such as physical therapy, speech therapy, and counseling are offered when necessary to help the student benefit from special education.
Under IDEA, an Individualized Education Program (IEP) is developed collaboratively by a team of specific participants to outline the child’s educational goals and the supports they will receive. AT may be included in the IEP when needed to ensure the child can access their education and progress toward their goals.
Funding
IDEA provides funding under Parts B and C to assist states and local education agencies in meeting its requirements to serve infants, toddlers, and youth with disabilities. This funding helps ensure that children with disabilities have access to the services and supports they need, which can include AT to support their learning, development, and independence.
Written Notice
IDEA requires that parents receive written notice regarding the identification, evaluation, and/or placement of their child. This written notice must be provided prior to any change in placement, and IDEA specifies the required parts that must be included in these notices. Written notice ensures that parents are informed and involved in decisions about their child’s education, including when AT may be considered as part of the child’s supports and services.
Evaluation and Placement
IDEA requires a comprehensive evaluation by a multidisciplinary team at least once every 3 years, and parental consent is required. For evaluation and placement decisions, more than a single procedure or information source must be used, and information from all sources must be documented and carefully considered.
Eligibility decisions must be made by a group of people who know about the student, the evaluation data, and placement options. Placement must serve the student in the Least Restrictive Environment (LRE), and an IEP meeting is required before any change in placement.
AT may be part of this process, as it can be considered during evaluations, IEP meetings, and placement decisions to ensure the student has the tools they need to succeed.
Due Process and Enforcement
IDEA has specific requirements for local education agencies to provide impartial hearings for parents who disagree with the identification, evaluation, or placement of a child.
These hearings give parents the opportunity to challenge decisions and ensure their child’s rights are protected, including if they believe that AT would be helpful for their child. This process helps ensure that students receive the supports they need.
How IDEA Relates to AT
IDEA directly relates to AT because it ensures that children with disabilities have access to the tools and supports they need to benefit from their education. AT can be considered as part of a student’s evaluation, included in their IEP, and provided as a related service.
AT in an IEP doesn’t have to be just the usual devices. It can be things like AI tools for classroom tasks (like Otter AI), adaptive seating or positioning equipment for comfort and accessibility, or augmented reality apps to make learning more visual and interactive. Even word prediction software can make a big difference, helping each child get the support they need to fully participate in school.
By including AT in educational planning, IDEA helps students participate fully in the classroom and achieve greater independence.
