Assistive technology device. 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 a child with a disability. The term does
not include a medical device that is surgically implanted, or the replacement
of such device. (Authority: 20
A.T. as related service or Supports for School Personnel:
§300.6 Assistive technology service. 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. The term includes—
(a) The evaluation of the needs of a child with a disability, including a functional evaluation of the child in the child’s customary environment;
(b) Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by children with disabilities;
(c) Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices;
(d) Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;
(e) Training or technical assistance for a child with a disability or, if appropriate, that child’s family; and
Training or technical assistance for professionals (including individuals
providing education or rehabilitation services), employers, or other
individuals who provide services to, employ, or are otherwise substantially
involved in the major life functions of that child. (Authority: 20
§300.105 Assistive technology.
(a) Each public agency must ensure that assistive technology devices or assistive technology services, or both, as those terms are defined in §§300.5 and 300.6, respectively, are made available to a child with a disability if required as a part of the child’s—
(1) Special education under §300.36;
(2) Related services under §300.34; or
(3) Supplementary aids and services under §§300.38 and 300.114(a)(2)(ii).
(b) On a case-by-case basis, the use of school-purchased assistive technology devices in a child’s home or in other settings is required if the child’s IEP Team determines that the child needs access to those devices in order to receive FAPE. (Authority: 20 U. S. C.1412(a)(1), 1412(a)(12)(B)(i))
The Board adopts the National Instructional Materials Accessibility Standard
(NIMAS) as defined in section 674(e)(3)(B) of the
Education of Individuals with Disabilities Education Act (20 U.S.C.A.
§ 1474(e)(3)(B)) and set forth in 71 FR 41084 (July 19, 2006) for the
purpose of providing
print instructional materials in alternate accessible formats or specialized
formats to blind persons or other persons with print disabilities in a timely
ENSURE the timely provision of high quality, accessible instructional
materials to children who are blind or other persons with print disabilities,
agencies shall adopt the NIMAS. The
NIMAS refers to a standard for source files of print instructional materials
created by publishers that may be converted into accessible instructional materials.
(b) Agencies shall, IN A TIMELY MANNER, provide print instructional
materials in specialized, accessible formats (that is, Braille, audio, digital,
large-print, and the like) to children who are blind or other persons with
print disabilities, as defined in
the act to provide books for adult blind approved
March 3, 1931 (see 2 U.S.C.A. § 135a (regarding books and
sound-reproduction records for blind and other physically handicapped
residents; annual appropriations; and purchases) ), in a timely manner.
(c) Agencies act in a timely manner in providing instructional materials under subsection (a) if they take all reasonable steps to ensure that children who are blind or other persons with print disabilities have access to their accessible format instructional materials at the same time that students without disabilities have access to instructional materials. Agencies may not withhold instructional materials from other students until instructional materials in accessible formats are available.
(d) Receipt of a portion of the instructional materials in alternate accessible or specialized format will be considered receipt in a timely manner if the material received covers the chapters that are currently being taught in the student’s class.
(e) If a child who is blind or other person with a print disability enrolls in school after the start of the school year, an agency shall take all reasonable steps to ensure that the student has access to accessible format instructional materials within 10 school days from the time it is determined that the child requires printed instructional materials in an alternate accessible or specialized format.
The Department or agencies may coordinate with the
(g) Agencies coordinating with NIMAC shall require textbook publishers to deliver the contents of print instructional materials to the NIMAC in NIMAS format files on or before delivery of the print instructional materials to the agency. Agencies that choose not to coordinate with NIMAC may require that publishers deliver the contents of print instructional materials to the NIMAC in NIMAS format files on or before delivery of the print instructional materials to the agency.