COVID-19   Law    Advocacy    Topics A-Z     Training    Wrights' Blog   Wrightslaw Store    Yellow Pages for Kids 

 Home > Topics > Strategies for Assistive Technology Negotiations by Dr. Dave Edyburn


The Special Ed Advocate newsletter
It's Unique ... and Free!

Enter your email address below:

2024-2025
Training Programs

Oct. 10 - San Antonio, TX

Nov. 16 - WV via ZOOM

2025

Mar. 18-19 - VA via ZOOM

Full Schedule


Wrightslaw

Home
Topics from A-Z
Free Newsletter
Seminars & Training
Yellow Pages for Kids
Press Room
FAQs
Sitemap

Books & Training

Wrightslaw Storesecure store lock
  Advocate's Store
  Student Bookstore
  Exam Copies
Training Center
Mail & Fax Orders

Advocacy Library

Articles
Cool Tools
Doing Your Homework
Ask the Advocate
FAQs
Newsletter Archives
Short Course Series
Success Stories
Tips

Law Library

Articles
Caselaw
Fed Court Complaints
IDEA 2004
McKinney-Vento Homeless
FERPA
Section 504

Topics

Advocacy
ADD/ADHD
Allergy/Anaphylaxis
American Indian
Assistive Technology
Autism Spectrum
Behavior & Discipline
Bullying
College/Continuing Ed
Damages
Discrimination
Due Process
Early Intervention
  (Part C)

Eligibility
Episodic, such as
   Allergies, Asthma,
   Diabetes, Epilepsy, etc

ESSA
ESY
Evaluations
FAPE
Flyers
Future Planning
Harassment
High-Stakes Tests
Homeless Children
IDEA 2004
Identification & Child Find
IEPs
Juvenile Justice
Law School & Clinics
Letters & Paper Trails
LRE / Inclusion
Mediation
Military / DOD
Parental Protections
PE and Adapted PE
Privacy & Records
Procedural Safeguards
Progress Monitoring
Reading
Related Services
Research Based
  Instruction

Response to Intervention
  (RTI)

Restraints / Seclusion
   and Abuse

Retention
Retaliation
School Report Cards
Section 504
Self-Advocacy
Teachers & Principals
Transition
Twice Exceptional (2e)
VA Special Education

Resources & Directories

Advocate's Bookstore
Advocacy Resources
Directories
  Disability Groups
  International
  State DOEs
  State PTIs
Free Flyers
Free Pubs
Free Newsletters
Legal & Advocacy
Glossaries
   Legal Terms
   Assessment Terms
Best School Websites

 

Print this page

Strategies for Assistive Technology Negotiations
adapted from an Advocacy Institute presentation on Assistive Technology

by Dave Edyburn, Ph.D.
University of Wisconsin - Milwaukee

If a School Official Says... A Parent Might Respond (in writing)... Resources
1. We’ve considered your child’s need for assistive technology and have determined that s/he will not benefit... ...I would like to review the documentation that supports your decision. In particular, I would like to see the data regarding performance with assistive technology and performance without.

Remediation vs. Compensation

WATI Assessing Student Needs for AT - 5th Edition

Chapter 1 - Consideration Guide

WATI Assessment Package

2. Best practice suggests you always begin with no-tech solutions first... ...Consideration should not be a linear process of trial and error. Rather, all possible solutions should be explored.

WATI Assessment Package

3. We can’t afford that...

...Cost is cannot be considered a factor in AT consideration. Funding AT

4. We are not sure what types of AT are out there...

...What steps will you take to fulfill the AT consideration mandate?

Texas AT Training Modules

AT Parent Guide - AT Tools

5. It’s not clear that (the student) actually does better with the AT...

...I would like to see the data that supports such a conclusion. Typically, we need to review performance data over time, with and without the technology to come to such a conclusion.

How do you know?

6. We don’t want him to become dependent on a text-reader...when will he ever learn to read...

...Since the student doesn't have the independent reading skills and the expectation in grade 4 and beyond is to access large amounts of text, how will you demonstrate that he has access to the curriculum without a text-reader?

Learning from Text

7. Your child is not the only one that struggles with this problem...

...I can appreciate your concern, but my primary interest is the success of my child. As a result, what are you going to do to ensure that my child is successful?

Teaching Every Student

Fairness

8. We will provide some specialized technology but there is no need to write it on the IEP... ...I am pleased to hear that assistive technology will be provided. However, to ensure the rights of all parties are protected, our plan for acquiring and using AT should be written on the IEP.

Documenting AT Needs in the IEP

Chapter 15 - Documenting AT Needs in the IEP

9. We are not authorized to make a decision about AT...

...I am disappointed to hear that. I guess we will need to adjourn the meeting until an appropriate administrator is here. Texas AT Training Modules

10. The textbook is not available in digital format...

...That’s unfortunate. That means that the textbook must be scanned using a “scan and read” program such as Kurzweil or WYNN or be professionally scanned.

Scan to Speak Programs

11. Copyright laws do not permit us to have your child’s textbook scanned.

Because my child is reading is ___ grades below grade level, s/he requires alternative ways to access the general curriculum. *

Ensuring Access for Students with Print Disabilities

12. The student isn't eligible for AT because he does not meet criteria for a "print disability" under Chafee... 
...Many students with learning, hearing, or other cognitive disabilities who need AIM will not qualify under copyright law as a student with a “print disability” (e.g., dyslexia); yet it is still the responsibility of SEAs (State Education Agencies) and LEAs (Local Education Agencies) to provide AIM to them.

Legal Issues Associated with the Provision of AIM to Students with print Disabilities

OSEP Q and A

Ensuring Access for Students with Print Disabilities

13. The student must have an Assistive Technology evaluation before s/he can be provided with grade level textbooks in accessible formats... ...Accessible Instructional Materials (AIM) must be provided in a "timely manner" ("at the same time as other children receive instructional materials").

Ensuring Access for Students with Print Disabilities

34 C.F.R. §300.172(b)(4) Access to instructional materials.

*“With the advent of cost-effective and efficient digital scanning technology, local districts have significantly increased their capabilities to digitize books directly into more accessible digital formats. … in the absence of accessible materials from publishers, scanning a book may be the most effective method of providing instructional materials to print-disabled students, at least for the immediate future.” 

An Educator’s Guide to the Acquisition of Alternate Format Core Learning Materials for Pre-K-12 Students with Print Disabilities

Resources

Learning from Text
http://www.qiat.org/docs/resourcebank/LearningfromText.pdf

WATI Assessing Student Needs for AT - 5th Edition
https://dpi.wi.gov/sped/educators/consultation/assistive-technology/wisconsin-assistive-technology-initiative/asnat-manual

Chapter 1 - Consideration Guide
http://www.wati.org/wp-content/uploads/2017/10/Ch1-ATAssessment.pdf

WATI Assessment Package
http://www.wati.org/free-publications/assistive-technology-consideration-to-assessment/

Assessing AT Student Needs
http://www.wati.org/free-publications/assessing-students-needs-for-assistive-technology/

Funding AT
http://www.wati.org/wp-content/uploads/2017/10/Ch16-FundingAT.pdf

Texas AT Training Modules
http://www.texasat.net/training-modules/training-modules-home

AT Parent Guide - AT Tools
https://www.greatschools.org/pdfs/e_guide_at.pdf?date=3-13-06&status=new

How do you know?
https://dpi.wi.gov/sites/default/files/imce/sped/pdf/at-know-it-show-it.pdf

Learning from Text
http://www.qiat.org/docs/resourcebank/LearningfromText.pdf

Teaching Every Student
http://www.ascd.org/publications/books/101042.aspx

Fairness

Documenting AT Needs in the IEP
http://www.gpat.org/Georgia-Project-for-Assistive-Technology/Pages/Documenting-Need-for-Assistive-Technology.aspx

Scan to Speak Programs
https://snow.idrc.ocadu.ca/resources/how-to-create-alternative-formats/

Ensuring Access for Students with Print Disabilities
http://www.cleweb.org/sites/cleweb.org/files/assets/NCLD_AIM.pdf

Legal Issues: Laws, Regulations, Guidelines
http://aem.cast.org/policies/laws-regulations-guidelines.html

Accessible Textbooks in the Classroom: An Educator’s Guide… (2010 Revision)
https://www.wrightslaw.com/info/AccessibleTextbooksClassroom8.10.10.doc

34 C.F.R. §300.172(b)(4) Access to instructional materials. (IDEA Regulations, Subpart B, p.18)

In order to meet its responsibility under paragraphs (b)(2), (b)(3), and (c) of this section to ensure that children with disabilities who need instructional  materials in accessible formats are provided those materials in a timely manner, the SEA must ensure that all public agencies take all reasonable steps to provide instructional materials in accessible formats to children with disabilities who need those instructional materials at the same time as other children receive instructional materials.

While comprehensive assistive technology evaluations are important and needed, a 60 day wait to establish the need for Accessible Instructional Materials is not necessary.  IEP teams have sufficient existing data – test scores, grades - to establish a student’s need for text-to-speech software and accessible instructional materials without an assistive technology evaluation.


Back to Wrightslaw Assistive Technology Devices and Services


Email Newsletter icon, E-mail Newsletter icon, Email List icon, E-mail List icon The Special Ed Advocate: It's Free!

Order Wrightslaw
Products Today!



Check Out
The Advocate's Store!

Wrightslaw on FacebookWrightslaw on TwitterWrightslaw YouTube Channel 

Wrightslaw Books
Wrightslaw: Special Education Law, 3rd Edition, by Pam and Pete Wright
About the Book

Wrightslaw: From Emotions to Advocacy, 2nd Edition
About the Book

Wrightslaw: All About IEPs
About the Book

Wrightslaw: All About Tests and Assessments
About the Book

Wrightslaw: Special Education Legal Developments and Cases 2019
About the Book

Surviving Due Process: Stephen Jeffers v. School Board
About the DVD Video


The Advocate's Store


Understanding Your Child's
Test Scores (1.5 hrs)

Wrightslaw Special: $14.95