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IDEA / Related Legislation

IDEA Amendments of 1997 Affecting the Provision of Assistive Technology Devices and Services

Part A--General Provisions

SEC. 602. DEFINITIONS.

Except as otherwise provided, as used in this Act:

    1. ASSISTIVE TECHNOLOGY DEVICE- The term 'assistive technology device' means 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 functional capabilities of a child with a disability.
    2. ASSISTIVE TECHNOLOGY SERVICE- The term 'assistive technology service' means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. Such term includes:
      1. the evaluation of the needs of such child, including a functional evaluation of the child in the child's customary environment;
      2. purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by such child;
      3. selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing of assistive technology devices;
      4. coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;
      5. training or technical assistance for such child, or, where appropriate, the family of such child; and
      6. training or technical assistance for professionals (including individuals providing education and rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of such child.

Definitions Section 602 of the Amendments consolidates the majority of the definitions in the act and reorders them alphabetically. Most definition in current law are retained, and where appropriate updated. Forexample the definitions of "State educational agency" and "Local educational agency" were amended to be consistent with the definition of these terms in title XIV of the Elementary and Secondary Education Act of 1965, as amended by the 1994 Improving America's Schools Act and the term "intermediate educational unit" has been replaced by the term "educational service agency" and its definition, to reflect the more contemporary understanding of the broad and varied functions of such agencies.

The bill amends the definition of "related services," by adding "orientation and mobility services." This change is not intended to reduce or alter the scope of related services or special education services that are available to children with disabilities, but merely to emphasize the importance of orientation and mobility services. Orientation and mobility services are generally recognized to be services provided to children who are blind or have visual impairments. However, it is important to keep in mind that children with other disabilities may also need instruction in traveling around their school, or to and from school. A high school aged child with a mental disability, for example, might need to be taught how to get from class to class so that he can participate in his inclusive program. The addition of orientation and mobility services to the list of identified related services is not intended to result in the denial of appropriate services for children with disabilities who do not have visual impairments or blindness.

SEC. 607. REQUIREMENTS FOR PRESCRIBING REGULATIONS.

  1. PUBLIC COMMENT PERIOD- The Secretary shall provide a public comment period of at least 90 days on any regulation proposed under part B or part C of this Act on which an opportunity for public comment is otherwise required by law.

  2. PROTECTIONS PROVIDED TO CHILDREN- The Secretary may not implement, or publish in final form, any regulation prescribed pursuant to this Act that would procedurally or substantively lessen the protections provided to children with disabilities under this Act, as embodied in regulations in effect on July 20, 1983 (particularly as such protections relate to parental consent to initial evaluation or initial placement in special education, least restrictive environment, related services, timelines, attendance of evaluation personnel at individualized education program meetings, or qualifications of personnel), except to the extent that such regulation reflects the clear and unequivocal intent of the Congress in legislation.

  3. POLICY LETTERS AND STATEMENTS- The Secretary may not, through policy letters or other statements, establish a rule that is required for compliance with, and eligibility under, this part without following the requirements of section 553 of title 5, United States Code.

  4. CORRESPONDENCE FROM DEPARTMENT OF EDUCATION DESCRIBING INTERPRETATIONS OF THIS PART-

    1. IN GENERAL- The Secretary shall, on a quarterly basis, publish in the Federal Register, and widely disseminate to interested entities through various additional forms of communication, a list of correspondence from the Department of Education received by individuals during the previous quarter that describes the interpretations of the Department of Education of this Act or the regulations implemented pursuant to this Act.

    2. ADDITIONAL INFORMATION- For each item of correspondence published in a list under paragraph (1), the Secretary shall identify the topic addressed by the correspondence and shall include such other summary information as the Secretary determines to be appropriate.

  5. ISSUES OF NATIONAL SIGNIFICANCE- If the Secretary receives a written request regarding a policy, question, or interpretation under part B of this Act, and determines that it raises an issue of general interest or applicability of national significance to the implementation of part B, the Secretary shall:

    1. include a statement to that effect in any written response;
    2. widely disseminate that response to State educational agencies, local educational agencies, parent and advocacy organizations, and other interested organizations, subject to applicable laws relating to confidentiality of information; and
    3. not later than one year after the date on which the Secretary responds to the written request, issue written guidance on such policy, question, or interpretation through such means as the Secretary determines to be appropriate and consistent with law, such as a policy memorandum, notice of interpretation, or notice of proposed rulemaking.

  6. EXPLANATION- Any written response by the Secretary under subsection (e) regarding a policy, question, or interpretation under part B of this Act shall include an explanation that the written response:

    1. is provided as informal guidance and is not legally binding; and
    2. represents the interpretation by the Department of Education of the applicable statutory or regulatory requirements in the context of the specific facts presented States Code.

Section 607 maintains the requirements of current law that prescribe a 90-day public comment period for enacting proposed regulations under parts B and C, and establishes a baseline for regulations promulgated by the Secretary under the act that provides protections to children with disabilities. The section also specifies that the Secretary may not establish a rule required for compliance with, or eligibility under, this part without following the requirements of 5 U.S.C. 553. Section 607 also specifies that the Secretary shall, on a quarterly basis, publish in the Federal Register, and widely disseminate through various additional forms of communication, a list identifying the topic and other appropriate summary information, of correspondence from the Department of Education that describes its interpretation of IDEA or regulations issued by the Department in the previous quarter. Furthermore, if the Secretary receives a written request regarding a policy, question, or interpretation under part B of IDEA, and determines that it raises an issue of general interest or applicability of national significance to the implementation of part B, the Secretary shall include a statement to that effect in any written response; and widely disseminate that response to SEA's, LEA's, parent and advocacy organizations, and other interested organizations subject to appropriate confidentiality laws. The bill directs the Secretary not later than one year after responding on such a matter to issue written guidance on the policy, question, or interpretation through such means as a policy memorandum, notice of interpretation, or notice of proposed rulemaking.

The bill requires that those written responses by the Secretary shall include an explanation that the Secretary's written response is provided as informal guidance and is not legally binding; and represents the interpretation by the Department of Education of the applicable statutory or regulatory requirements in the context of the facts presented.

The committee recognizes the need for the Secretary to offer correspondence for a variety of reasons. Among those are technical assistance, interpretation and clarification of this act and the accompanying regulations, and monitoring for compliance. Section 607 of the bill is not intended to prohibit the Secretary from answering such correspondence.

The committee believes the guidance in section 607 is consistent with the public notice and comment procedures of the Administrative Procedures Act and will provide all stake holders witha common frame of reference and expectation with regard to any particular written correspondence from the Secretary, its significance, and its future implications. With the enactment of section 607, such guidance should reduce substantially the degree and amount of misapplication or misinterpretation of Secretarial correspondence.

Part B Assistance for Education of All Children with Disabilities

SEC. 612. STATE ELIGIBILITY.

  1. In general.--

    1. OBLIGATIONS RELATED TO AND METHODS OF ENSURING SERVICES-

      1. OBLIGATION OF PUBLIC AGENCY-

        1. IN GENERAL- If any public agency other than an educational agency is otherwise obligated under Federal or State law, or assigned responsibility under State policy or pursuant to subparagraph (A), to provide or pay for any services that are also considered special education or related services (such as, but not limited to, services described in sections 602(1) relating to assistive technology devices, 602(2) relating to assistive technology services, 602(22) relating to related services, 602(29) relating to supplementary aids and services, and 602(30) relating to transition services) that are necessary for ensuring a free appropriate public education to children with disabilities within the State, such public agency shall fulfill that obligation or responsibility, either directly or through contract or other arrangement.

Section 612 establishes the conditions of State eligibility for part B funds. Many provisions are retained from current law. Other provisions have been added to promote a better understanding of, and more consistent compliance with, part B of the statute.

The committee places particular emphasis in the bill on the relationship between schools and the State Medicaid Agency in order to clarify that health services provided to children with disabilities who are Medicaid-eligible and meet the standards applicable to Medicaid are not disqualified for reimbursement by Medicaid agencies because they are provided services in a school context in accordance with the child's IEP.

With regard to personnel standards, the bill adds two provisions to the standards in current law. Paraprofessionals and assistants must be appropriately trained and supervised in accordance with State law, regulations, or written policy in order to assist in the provision of special education and related services. In implementing the personnel standards requirements, a State may adopt a policy that includes a requirement that LEA's make an ongoing good-faith effort to recruit and hire appropriately and adequately trained personnel to provide special education and related services to children with disabilities, including, in a geographic area of the State where there is a shortage of such personnel, the most qualified individuals available whoa re making satisfactory progress toward completing applicable course work necessary to meet State standards within 3 years.

SEC. 614. EVALUATIONS, ELIGIBILITY DETERMINATIONS, INDIVIDUALIZED EDUCATION PROGRAMS, AND EDUCATIONAL PLACEMENTS.

  1. Individualized Education Programs.--

    1. Development of IEP.--

      1. In general.--In developing each child's IEP, the IEP Team, subject to subparagraph (C), shall consider--

        1. the strengths of the child and the concerns of the parents for enhancing the education of their child; and
        2. the results of the initial evaluation or most recent evaluation of the child.

In developing a child's IEP, the bill requires that the IEP team consider the strengths of the child and the concerns of the parents for enhancing the education of their child; and the results of the initial evaluation or most recent evaluation of the child. In addition, the committee believes that a number of considerations are essential to the process of creating a child's IEP. The purpose of the IEP is to tailor the education to the child; not tailor the child to the education. If the child could fit into the school's general education program without assistance, special education would not be necessary.

      1. Consideration of special factors.--The IEP Team shall--

        1. in the case of a child whose behavior impedes his or her learning or that of others, consider, when appropriate, strategies, including positive behavioral interventions, strategies, and supports to address that behavior;

The bill provides that, in the case of a child whose behavior impedes the learning of the child or others, the IEP team, as appropriate, shall consider strategies, including positive behavior interventions strategies and supports, to address that behavior.

        1. in the case of a child with limited English proficiency, consider the language needs of the child as such needs relate to the child's IEP;

Similarly, in the case of a child with limited English proficiency, the IEP team is to consider the language needs of the child as such needs relate to the child's IEP.

        1. in the case of a child who is blind or visually impaired, provide for instruction in Braille and the use of Braille unless the IEP Team determines, after an evaluation of the child's reading and writing skills, needs, and appropriate reading and writing media (including an evaluation of the child's future needs for instruction in Braille or the use of Braille), that instruction in Braille or the use of Braille is not appropriate for the child;

In the case of a child who is blind or visually impaired, the IEP team must provide for instruction in Braille and the use of Braille unless the IEP team determines, after an evaluation of the child's reading and writing skills, needs, and appropriate reading and writing media (including an evaluation of the child's future needs for instruction in Braille or the use of Braille), that instruction in Braille or the use of Braille is not appropriate for the child.

        1. consider the communication needs of the child, and in the case of a child who is deaf or hard of hearing, consider the child's language and communication needs, opportunities for direct communications with peers and professional personnel in the child's language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the child's language and communication mode; and

The team also is to consider the communication needs of the child in order to ensure that local educational agencies better understand the unique needs of children who are deaf or hard of hearing. Section 614(d)(3)(B)(iv) includes special factors that must be considered in developing IEP's for these children. The policy included in the bill provides that, in the case of the child who is deaf or hard of hearing, the IEP team must consider the language and communication needs of the child; opportunities for direct communication with peers and professional personnel in the child's language and communication mode; the child's academic level; and the child's full range of needs, including the child's social, emotional, and cultural needs and opportunities for direct instruction in the child's language and communication mode. The committee also intends that this provision will be implemented in a manner consistent with the policy guidance entitled "Deaf Students Education Services," published in the Federal Register (57 Fed. Reg. 49274, October 30, 1992) by the U.S. Department of Education.

        1. consider whether the child requires assistive technology devices and services

The bill further requires that the IEP team consider the provision of assistive technology devices and services when developing the child's IEP.

Part C--Infants and Toddlers with Disabilities

SEC. 632. DEFINITIONS.

  1. EARLY INTERVENTION SERVICES- The term early intervention services means developmental services that--

    1. are provided under public supervision;
    2. are provided at no cost except where Federal or State law provides for a system of payments by families, including a schedule of sliding fees;
    3. are designed to meet the developmental needs of an infant or toddler with a disability in any one or more of the following areas--

      1. physical development;
      2. cognitive development;
      3. communication development;
      4. social or emotional development; or
      5. adaptive development;

    4. meet the standards of the State in which they are provided, including the requirements of this part;

    5. include--

      1. family training, counseling, and home visits;
      2. special instruction;
      3. speech-language pathology and audiology services;
      4. occupational therapy;
      5. physical therapy;
      6. psychological services;
      7. service coordination services;
      8. medical services only for diagnostic or evaluation purposes;
      9. early identification, screening, and assessment services;
      10. health services necessary to enable the infant or toddler to benefit from the other early intervention services;
      11. social work services;
      12. vision services;
      13. assistive technology devices and assistive technology services; and
      14. transportation and related costs that are necessary to enable an infant or toddler and the infant's or toddler's family to receive another service described in this paragraph;

Part D National Activities to Improve Education of Children with Disabilities

SEC. 672. RESEARCH AND INNOVATION TO IMPROVE SERVICES AND RESULTS FOR CHILDREN WITH DISABILITIES.

  1. IN GENERAL- The Secretary shall make competitive grants to, or enter into contracts or cooperative agreements with, eligible entities to produce, and advance the use of, knowledge--

  2. NEW KNOWLEDGE PRODUCTION; AUTHORIZED ACTIVITIES-

    1. IN GENERAL- In carrying out this section, the Secretary shall support activities, consistent with the objectives described in subsection (a), that lead to the production of new knowledge.
    2. AUTHORIZED ACTIVITIES- Activities that may be carried out under this subsection include activities such as the following:

      1. Expanding understanding of the relationships between learning characteristics of children with disabilities and the diverse ethnic, cultural, linguistic, social, and economic backgrounds of children with disabilities and their families.

      2. Developing or identifying innovative, effective, and efficient curricula designs, instructional approaches, and strategies, and developing or identifying positive academic and social learning opportunities, that--

        1. enable children with disabilities to make effective transitions described in section 674(b)(3)(C) or transitions between educational settings; and

        2. improve educational and transitional results for children with disabilities at all levels of the educational system in which the activities are carried out and, in particular, that improve the progress of the children, as measured by assessments within the general education curriculum involved.

      3. Advancing the design of assessment tools and procedures that will accurately and efficiently determine the special instructional, learning, and behavioral needs of children with disabilities, especially within the context of general education.
      4. Studying and promoting improved alignment and compatibility of general and special education reforms concerned with curricular and instructional reform, evaluation and accountability of such reforms, and administrative procedures.
      5. Advancing the design, development, and integration of technology, assistive technology devices, media, and materials, to improve early intervention, educational, and transitional services and results for children with disabilities.
      6. Improving designs, processes, and results of personnel preparation for personnel who provide services to children with disabilities through the acquisition of information on, and implementation of, research-based practices.
      7. Advancing knowledge about the coordination of education with health and social services.
      8. Producing information on the long-term impact of early intervention and education on results for individuals with disabilities through large-scale longitudinal studies.

SEC. 684. TECHNICAL ASSISTANCE FOR PARENT TRAINING AND INFORMATION CENTERS.

  1. IN GENERAL- The Secretary may, directly or through awards to eligible entities, provide technical assistance for developing, assisting, and coordinating parent training and information programs carried out by parent training and information centers receiving assistance under sections 682 and 683.

  2. AUTHORIZED ACTIVITIES- The Secretary may provide technical assistance to a parent training and information center under this section in areas such as--

    1. effective coordination of parent training efforts;
    2. dissemination of information;
    3. evaluation by the center of itself;
    4. promotion of the use of technology, including assistive technology devices and assistive technology services;
    5. reaching underserved populations;
    6. including children with disabilities in general education programs;
    7. facilitation of transitions from--

      1. early intervention services to preschool;
      2. preschool to school; and
      3. secondary school to postsecondary environments; and

    8. promotion of alternative methods of dispute resolution.

Source: Western Regional Resource Center. The sections shown on this page are relevant to the provision of Assistive Technology devices and services. This document was originally developed for the WRRC's Regional Assistive technology network. The statutory language is in bold followed by Senate Report language, which includes discussion, intent and expectations of the legislators as they wrote the amendments.

Only statutory and Senate Report language are included in this document. Further interpretation will follow regulatory development by the Office of Special Education Programs of the US Department of Education and decisions of the courts.