Your Rights and AT
Your Rights and AT
If your child has a disability, it’s important to understand the rights they have as a student, including their right to access assistive technology (AT).
There are several major laws that protect educational rights for students with disabilities. One key national law, the Individuals with Disabilities Education Act (IDEA), states that all American students have the right to a “free and appropriate public education” (FAPE).
Each public agency must ensure that assistive technology devices or assistive technology services, or both, as those terms are defined in IDEA 34 300.5 and 300.6, respectively, are made available to a child with a disability if required as a part of the child’s IEP/IFSP or delineated in their 504 plan.
Students’ Rights to AT at School
Under IDEA, all public (federally funded) schools must offer AT devices and services to students with disabilities as required for their special education.
You do not have to pay for these accommodations — your child’s school is required to pay for and provide all AT and support services needed.
This is true even if the school doesn’t have a certain tool or aid. They can’t use lack of availability or cost as an excuse to deny accommodations.
Appropriate AT that meets the specific needs of the student is to be used as delineated by the school team and addressed as a part of the child’s IEP/IFSP or delineated in their 504 plan.
IEPs and your rights
Under IDEA, public schools are required to identify and, if determined eligible, develop Individualized Education Programs (IEPs) for students with disabilities to meet their needs — which includes a consideration of AT during the IEP process. A child’s AT needs must be considered during the IEP process.
An IEP is a legal document. This means that your child is legally entitled to all AT and related services described in their IEP. They can’t be denied these accommodations, even if their school doesn’t currently offer them to other students. And if you move to a different state, your new school district will need to provide comparable services. (Note: these protections don’t apply to private schools.)
Keep in mind that the term “assistive technology” may not appear in your child’s IEP. Instead, the document may refer to AT as “supports,” “accommodations,” “program modifications,” or “supplementary aids and services.”
504 plans and your rights
Section 504 of the Rehabilitation Act is a civil rights law that prohibits discrimination against individuals with disabilities. Children with 504 plans may receive some of the same accommodations as those with IEPs, including access to AT.
Disability evaluation and AT assessment
IDEA requires public schools to provide evaluation if they suspect a child of having a disability. This evaluation determines which special education services or supports they are eligible for. It’s performed at no cost to the family.
The public school should consider AT as an accommodation or modification if a student is not making progress. The educational team should discuss whether AT is required, whether it may be required, or whether more information is needed in order to make a decision. If the PPT/IEP team determines that the student requires AT and is aware of technology that meets the student’s needs (such as technology that is already available in the student’s educational environment) or that the student has already been using successfully to meet IEP goals and objectives, it should record the devices and services on the IEP. If needed, a more formalized request for an AT assessment may be requested by the PPT/IEP Team.
Your right to AT training
If a child’s IEP includes access to AT, the school must create a plan for how the AT will be used. This is called an implementation plan. It will describe any AT training needed for the student, their in-school team (including teachers and teachers’ aides), and their family.
Your right to disagree with AT decisions
It’s one of the rights of parents of students with disabilities to disagree with a school’s decisions about AT. You don’t have to accept the school’s ruling as final — especially if your child isn’t getting the support they need. Disability advocacy groups like the Connecticut Parent Advocacy Center (CPAC) can help you work with the school to resolve any issues with your child’s IEP.
Your right to AT at Home
Your child should have the opportunity to use the same AT at home that they use in school.
Some school districts have policies allowing students to take AT home overnight, on weekends, or during holidays and vacations. These policies can vary locally. However, if your child has an IEP that requires access to AT, their school must let them bring the device home or provide 2 devices (one for in-school use and one for home use).
Students’ Rights to Data Privacy
Connecticut students are protected by the state’s student data privacy law and The Connecticut Data Privacy Act (CTDPA). Both laws regulate how private or sensitive information is handled.
The student data privacy law began as a general education concern. Since then, it’s been modified to include an exemption for students with disabilities. If a student’s school team determines that a particular AT software is necessary to their IEP/504 plan but it doesn’t comply with the law, the team may request an exemption signed by a parent or guardian.
More Information and Resources
- The Association of Assistive Technology Act Programs (ATAP) — a national organization providing funding to states for AT programs. ATAP provides lifelong services to people with disabilities, as well as their families, guardians, and other sources of support.
- Connecticut Assistive Technology General Resources
- Connecticut Parent Advocacy Center (CPAC) — CT’s federally funded Parent Training and Information Center under IDEA. All family services are provided for free.
- Sample student data privacy contract exemption template
Related AT Topics
Disability Types
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Low-cost & Free AT Tools
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Types of AT
From assistive technology for reading to daily organization, there are many different categories of AT in schools.