Students with learning disabilities may face specific classroom challenges, but they can typically still learn alongside their peers with the appropriate accommodations. In some cases, these accommodations may require the use of assistive technology. Unfortunately, school districts and teachers might dismiss this need, even if the accommodation is for a student with an Individualized Education Program (IEP). This denial is usually not malicious, but rather due to a misunderstanding of the law.

If you or your child find yourselves in this situation, the LLF National Law Firm can help. Our Education Law Team has worked with school administrators and educators from across the country to ensure students with covered disabilities receive necessary accommodations. You can reach us either online or by calling 888-535-3686.

Why Schools Sometimes Deny Assistive Technology

Thankfully, the vast majority of education professionals truly want students to learn. But resources are limited, which restricts their ability to provide certain students with the essential learning tools.

In some cases, the issue is money. For example, a student with a language or speech impairment might need alternative communication apps or a speech-generating device. A school dealing with budget cuts might not want to spend its limited funds on assistive technology.

In other cases, the issue isn't as much about money as it is a teacher's time. Many teachers are already overworked, and school administrators may be hesitant to ask their teachers to learn how to utilize a particular piece of assistive technology.

What the Law Says About Students Who Need AT

As understandable as the explanations might be for denying a covered student assistive technology, it's usually against the law to do so for financial or training reasons.

Under the Individuals with Disabilities Education (IDEA) Act, if an IEP team determines a student needs a particular device or technology so they can receive free and appropriate public education (FAPE), the assistive technology request can't be denied for funding reasons.

This means the applicable state or local educational agency must provide the assistive technology at no charge to the student's parents and do so within a reasonable time frame. It also requires the IEP team to consult with the appropriate professional who is familiar with the assistive technology in instances where the IEP team lacks sufficient knowledge to choose or obtain the technology.

It is also against the law for school officials and members of the IEP team to place the burden of learning how to use the technology on the student, the student's parents, or the student's teacher. In addition to providing the technology itself, the IEP team also has the obligation to provide related services. This may include:

• Training the student, the teacher, and parents of the student on how to use the AT;
• Training special education providers on how to best use the assistive technology to help the student learn; and
• Obtaining the educational materials that the student needs to make use of the assistive technology.

Schools Have a Duty to Provide Assistive Technology

A student with an IEP has the legal right to special education accommodations, which include access to necessary assistive technology. Should a school deny an eligible student the use of assistive technology for financial or training reasons, the LLF National Law Firm can help make things right. To get started, contact the Education Law Team using our online contact form or by calling 888-535-3686.