Hearing aids provided by school system: Digest Number 2108 Hea

[Guest guest]

Here is the OSEP letter. It clearly states that hearing aids MUST BE

provided by the school system if in the IEP. Therefore, a parent MUST get

it into the IEP. That is critical.

UNITED STATES DEPARTMENT OF EDUCATION

OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES

November 19, 1993

J. Seiler, Ed.D.

Superintendent Illinois School for the Deaf

125 Webster Street

ville, Illinois 62650

Dear Dr. Seiler:

This is in response to your letter to Dr. Judy A. Schrag, former

Director of the Office of Special Education Programs (OSEP), in which you

seek a response to the following question:

If a student needs a hearing aid (assistive device), is the school

district responsible for purchasing the device under the new (Individuals

with Disabilities Education Act) IDEA if the device is put on the student's

(individualized education program) IEP?

Historically, it has been the policy of this office that a public agency

was not required to purchase a hearing aid for a student who was deaf or

hearing impaired because a public agency is not responsible for providing a

personal device that the student would require regardless of whether he/she

was attending school. However, this policy does not apply to a situation

where a public agency determines that a child with a disability requires a

hearing aid in order to receive a free appropriate public education (FAPE),

and the child's individualized education program (IEP) specifies that the

child needs a hearing aid.

As your letter recognizes, Public Law 101-476, the Education of the

Handicapped Act Amendments of 1990, amended IDEA by adding definitions of

the terms " assistive technology device " and " assistive technology service. "

20 U.S.C. § 1401(a) (25)-(a) (26). amended the regulations implementing Part

B of IDEA by adding the following three regulatory provisions. New

definitions of the terms " assistive technology device " and " assistive

technology service, " which essentially tracked the statutory language, were

added at §§ 300.5-300.6. As applied to your specific inquiry, 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 the functional

capabilities of children with disabilities. " 34 CFR § 300.5 (copy enclosed).

A device such as a hearing aid could be a covered device under this

definition. In addition, under the new § 300.308, each public agency must

ensure that assistive technology devices and assistive technology services,

or both, as those terms are defined in 34 CFR §§ 300.5 and 300.6, are made

available to a child with a disability if required as part of a child's

special education under § 300.17, related services under § 300.16, or

supplementary aids and services under § 300.550 ( (2). Under Part B, each

child's IEP must contain, among other elements, a statement of the specific

special education and related services to be provided to the child. 34 CFR §

300.346 (a) (3). In addition, any supplementary aids or services to be

provided to the child in connection with the child's placement in the

regular educational environment must be described in his or her IEP.

Appendix C to 34 CFR Part 300, question 48. Therefore, a determination of

whether a child with a disability requires an assistive technology device

and/or service in order to receive FAPE must be made by the participants on

that child's IEP team in accordance with applicable IEP requirements.

Previously, the Department has provided guidance on the scope of a

public agency's responsibility to provide assistive technology devices or

services to children with disabilities in accordance with the requirements

of Part B. In response to public comments on the proposed § 300.38, the

Department provided the following pertinent discussion in the Analysis of

Comments and Changes that accompanied the final regulations:

...the requirement in § 300.308 limits the provision of assistive

technology to educational relevancy--i.e., an assistive technology device or

service is required if it is determined, through the IEP process, to be (1)

special education, as defined in § 300.17, (2) a related service, as defined

in § 300.16, or (3) supplementary aids and services required to enable a

child to be educated in the least restrictive environment. The Secretary

believes that the effect of § 300.308 is to limit the provision of assistive

technology devices and services to those situations in which they are

required in order for a child to receive FAPE.

57 Fed. Reg. 44794, 44841 (Sept. 29, 1992 (copy enclosed) ).

Thus, participants at the meeting held to develop a child's IEP must

determine whether, in light of a particular child's educational needs, the

public agency must make an assistive technology device and/or service

available in order for the child to receive FAPE. In the situation you

describe, the IEP team has determined that the child requires a hearing aid

in order to receive FAPE, and the child's IEP reflects the need for the

hearing aid. Accordingly, the public agency would be responsible for

providing the hearing aid at no cost to the child and his or her parents.

I hope that this information is helpful. If I can be of any further

assistance please let me know.

Sincerely,

Hehir

Director

Office of Special Education Programs

400 MARYLAND AVE., S.W., WASHINGTON, D.C. 20202

20 IDELR 1216

----------------------------------------------------------------------------

----

[Guest guest]

Myself, even if it meant taking out a loan, I would rather

provide the hearing aids myself as a family. If you let

the school do that for you, they can take ownership and

dictate what kind of aids are good enough, how your child

can wear them, when your child must wear them, and

anything else they feel like being the boss of. Some

school personnel really like to be the boss. We have

never run into that ourselves, but I am sure others have.

Tish

>customized, that is used to increase, maintain, or

>improve the functional

>capabilities of children with disabilities. " 34 CFR §

>300.5 (copy enclosed).

>A device such as a hearing aid could be a covered device

>under this

>definition. In addition, under the new § 300.308, each

>public agency must

>ensure that assistive technology devices and assistive

>technology services,

>or both, as those terms are defined in 34 CFR §§ 300.5

>and 300.6, are made

>available to a child with a disability if required as

>part of a child's

>special education under § 300.17, related services under

>§ 300.16, or

>supplementary aids and services under § 300.550 ( (2).

>Under Part B, each

>child's IEP must contain, among other elements, a

>statement of the specific

>special education and related services to be provided to

>the child. 34 CFR §

>300.346 (a) (3). In addition, any supplementary aids or

>services to be

>provided to the child in connection with the child's

>placement in the

>regular educational environment must be described in his

>or her IEP.

>Appendix C to 34 CFR Part 300, question 48. Therefore, a

>determination of

>whether a child with a disability requires an assistive

>technology device

>and/or service in order to receive FAPE must be made by

>the participants on

>that child's IEP team in accordance with applicable IEP

>requirements.

>

> Previously, the Department has provided guidance on

>the scope of a

>public agency's responsibility to provide assistive

>technology devices or

>services to children with disabilities in accordance with

>the requirements

>of Part B. In response to public comments on the proposed

>§ 300.38, the

>Department provided the following pertinent discussion in

>the Analysis of

>Comments and Changes that accompanied the final

>regulations:

>

> ...the requirement in § 300.308 limits the

>provision of assistive

>technology to educational relevancy--i.e., an assistive

>technology device or

>service is required if it is determined, through the IEP

>process, to be (1)

>special education, as defined in § 300.17, (2) a related

>service, as defined

>in § 300.16, or (3) supplementary aids and services

>required to enable a

>child to be educated in the least restrictive

>environment. The Secretary

>believes that the effect of § 300.308 is to limit the

>provision of assistive

>technology devices and services to those situations in

>which they are

>required in order for a child to receive FAPE.

>

> 57 Fed. Reg. 44794, 44841 (Sept. 29, 1992 (copy

>enclosed) ).

>

> Thus, participants at the meeting held to develop a

>child's IEP must

>determine whether, in light of a particular child's

>educational needs, the

>public agency must make an assistive technology device

>and/or service

>available in order for the child to receive FAPE. In the

>situation you

>describe, the IEP team has determined that the child

>requires a hearing aid

>in order to receive FAPE, and the child's IEP reflects

>the need for the

>hearing aid. Accordingly, the public agency would be

>responsible for

>providing the hearing aid at no cost to the child and his

>or her parents.

>

> I hope that this information is helpful. If I can be

>of any further

>assistance please let me know.

>

> Sincerely,

>

> Hehir

> Director

> Office of Special Education Programs

>

>400 MARYLAND AVE., S.W., WASHINGTON, D.C. 20202

>

>20 IDELR 1216

>

>----------------------------------------------------------------------------

>----

>

>

>

>

>

[Guest guest]

Myself, even if it meant taking out a loan, I would rather

provide the hearing aids myself as a family. If you let

the school do that for you, they can take ownership and

dictate what kind of aids are good enough, how your child

can wear them, when your child must wear them, and

anything else they feel like being the boss of. Some

school personnel really like to be the boss. We have

never run into that ourselves, but I am sure others have.

Tish

>customized, that is used to increase, maintain, or

>improve the functional

>capabilities of children with disabilities. " 34 CFR §

>300.5 (copy enclosed).

>A device such as a hearing aid could be a covered device

>under this

>definition. In addition, under the new § 300.308, each

>public agency must

>ensure that assistive technology devices and assistive

>technology services,

>or both, as those terms are defined in 34 CFR §§ 300.5

>and 300.6, are made

>available to a child with a disability if required as

>part of a child's

>special education under § 300.17, related services under

>§ 300.16, or

>supplementary aids and services under § 300.550 ( (2).

>Under Part B, each

>child's IEP must contain, among other elements, a

>statement of the specific

>special education and related services to be provided to

>the child. 34 CFR §

>300.346 (a) (3). In addition, any supplementary aids or

>services to be

>provided to the child in connection with the child's

>placement in the

>regular educational environment must be described in his

>or her IEP.

>Appendix C to 34 CFR Part 300, question 48. Therefore, a

>determination of

>whether a child with a disability requires an assistive

>technology device

>and/or service in order to receive FAPE must be made by

>the participants on

>that child's IEP team in accordance with applicable IEP

>requirements.

>

> Previously, the Department has provided guidance on

>the scope of a

>public agency's responsibility to provide assistive

>technology devices or

>services to children with disabilities in accordance with

>the requirements

>of Part B. In response to public comments on the proposed

>§ 300.38, the

>Department provided the following pertinent discussion in

>the Analysis of

>Comments and Changes that accompanied the final

>regulations:

>

> ...the requirement in § 300.308 limits the

>provision of assistive

>technology to educational relevancy--i.e., an assistive

>technology device or

>service is required if it is determined, through the IEP

>process, to be (1)

>special education, as defined in § 300.17, (2) a related

>service, as defined

>in § 300.16, or (3) supplementary aids and services

>required to enable a

>child to be educated in the least restrictive

>environment. The Secretary

>believes that the effect of § 300.308 is to limit the

>provision of assistive

>technology devices and services to those situations in

>which they are

>required in order for a child to receive FAPE.

>

> 57 Fed. Reg. 44794, 44841 (Sept. 29, 1992 (copy

>enclosed) ).

>

> Thus, participants at the meeting held to develop a

>child's IEP must

>determine whether, in light of a particular child's

>educational needs, the

>public agency must make an assistive technology device

>and/or service

>available in order for the child to receive FAPE. In the

>situation you

>describe, the IEP team has determined that the child

>requires a hearing aid

>in order to receive FAPE, and the child's IEP reflects

>the need for the

>hearing aid. Accordingly, the public agency would be

>responsible for

>providing the hearing aid at no cost to the child and his

>or her parents.

>

> I hope that this information is helpful. If I can be

>of any further

>assistance please let me know.

>

> Sincerely,

>

> Hehir

> Director

> Office of Special Education Programs

>

>400 MARYLAND AVE., S.W., WASHINGTON, D.C. 20202

>

>20 IDELR 1216

>

>----------------------------------------------------------------------------

>----

>

>

>

>

>

[Guest guest]

Myself, even if it meant taking out a loan, I would rather

provide the hearing aids myself as a family. If you let

the school do that for you, they can take ownership and

dictate what kind of aids are good enough, how your child

can wear them, when your child must wear them, and

anything else they feel like being the boss of. Some

school personnel really like to be the boss. We have

never run into that ourselves, but I am sure others have.

Tish

>customized, that is used to increase, maintain, or

>improve the functional

>capabilities of children with disabilities. " 34 CFR §

>300.5 (copy enclosed).

>A device such as a hearing aid could be a covered device

>under this

>definition. In addition, under the new § 300.308, each

>public agency must

>ensure that assistive technology devices and assistive

>technology services,

>or both, as those terms are defined in 34 CFR §§ 300.5

>and 300.6, are made

>available to a child with a disability if required as

>part of a child's

>special education under § 300.17, related services under

>§ 300.16, or

>supplementary aids and services under § 300.550 ( (2).

>Under Part B, each

>child's IEP must contain, among other elements, a

>statement of the specific

>special education and related services to be provided to

>the child. 34 CFR §

>300.346 (a) (3). In addition, any supplementary aids or

>services to be

>provided to the child in connection with the child's

>placement in the

>regular educational environment must be described in his

>or her IEP.

>Appendix C to 34 CFR Part 300, question 48. Therefore, a

>determination of

>whether a child with a disability requires an assistive

>technology device

>and/or service in order to receive FAPE must be made by

>the participants on

>that child's IEP team in accordance with applicable IEP

>requirements.

>

> Previously, the Department has provided guidance on

>the scope of a

>public agency's responsibility to provide assistive

>technology devices or

>services to children with disabilities in accordance with

>the requirements

>of Part B. In response to public comments on the proposed

>§ 300.38, the

>Department provided the following pertinent discussion in

>the Analysis of

>Comments and Changes that accompanied the final

>regulations:

>

> ...the requirement in § 300.308 limits the

>provision of assistive

>technology to educational relevancy--i.e., an assistive

>technology device or

>service is required if it is determined, through the IEP

>process, to be (1)

>special education, as defined in § 300.17, (2) a related

>service, as defined

>in § 300.16, or (3) supplementary aids and services

>required to enable a

>child to be educated in the least restrictive

>environment. The Secretary

>believes that the effect of § 300.308 is to limit the

>provision of assistive

>technology devices and services to those situations in

>which they are

>required in order for a child to receive FAPE.

>

> 57 Fed. Reg. 44794, 44841 (Sept. 29, 1992 (copy

>enclosed) ).

>

> Thus, participants at the meeting held to develop a

>child's IEP must

>determine whether, in light of a particular child's

>educational needs, the

>public agency must make an assistive technology device

>and/or service

>available in order for the child to receive FAPE. In the

>situation you

>describe, the IEP team has determined that the child

>requires a hearing aid

>in order to receive FAPE, and the child's IEP reflects

>the need for the

>hearing aid. Accordingly, the public agency would be

>responsible for

>providing the hearing aid at no cost to the child and his

>or her parents.

>

> I hope that this information is helpful. If I can be

>of any further

>assistance please let me know.

>

> Sincerely,

>

> Hehir

> Director

> Office of Special Education Programs

>

>400 MARYLAND AVE., S.W., WASHINGTON, D.C. 20202

>

>20 IDELR 1216

>

>----------------------------------------------------------------------------

>----

>

>

>

>

>