The Individuals with Disabilities Education Act (IDEA)
The Individuals with Disabilities Education Act (IDEA) ( P.L. 101-476, as amended), formerly known as the Education for all Handicapped Children Act (P.L. 94-142), mandates that all children with disabilities have the right to a “free and appropriate public education” (FAPE). The Act provides funds to states which assist local school districts and other state agencies to provide assistive technology devices and services to infants, toddlers, and students ages 3 - 21 with disabilities. In Arizona, for children ages 3 - 21, this law requires the school districts to provide assistive technology devices and services to students with disabilities in accordance with a written Individual Educational Plan (IEP) that is developed by members of the school’s multidisciplinary team which includes parents.
The IDEA includes the following definition of an assistive technology device: “An assistive technology device is any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized that is used to increase, maintain, or improve the functional capabilities of a child with disabilities.” The act defines assistive technology service as:
"...any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device."
- Evaluating the needs of an individual with a disability including functional evaluations done in the individual's customary learning environment.
- Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by individuals with disabilities.
- Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices.
- Coordinating and using other therapies, interventions, and services with assistive technology devices.
- Training and technical assistance for an individual with a disability, or where appropriate the family of an individual with a disability.
- Training and technical assistance for professionals (including those providing educational and rehabilitation services), employers, or other persons who provide services to, employ, or are substantially involved with major life functions of an individual with a disability.
An Individual Education Plan (IEP) is required for all children with disabilities who are enrolled in special education classes. The IEP is a tool that is used to plan, implement, and evaluate the special education program of studies for children with disabilities. The IEP must specifically consider the child’s need for assistive technology devices and services in connection with specific educational goals and objectives. The plan must be reviewed and updated annually by an interdisciplinary team that is specified by law. This team consists of the child's parents or guardians, the special education teacher, the school district’s representative and may also include specialists in the appropriate disability field, parent’s advocates, medical personnel, and others. The team works together to produce the written IEP and is responsible for reviewing and updating it as required by the Act.
The Act also contains administrative requirements governing the resolution of disputes between school systems and parents concerning the most appropriate education program for a particular child. It explicitly authorizes the courts to allow parents to recover attorney's fees when they prevail in court cases filed under the Act, or under other anti-discrimination statutes such as Section 504 of the Rehabilitation Act.
- For additional information, please contact:
- Exceptional Student Services
Arizona Department of Education
1535 W. Jefferson Street
Phoenix, AZ 85007
Voice: (602) 542-4831
TTY: (602) 542-1410
Fax: (602) 542-5404
Toll-Free: (800) 358-3617
- Exceptional Student Services