Assistive Technology

Assistive Technology Related Legal References 

The following are assistive technology legal references:

• Federal Regulations (IDEA): §300.5, 300.6,  300.105, 300.324
• State Law (Texas Education Code): §30.0015 
• Commissioner's Rule (Texas Administrative Code): §89.1056

Home Use of Assistive Technology Devices 

Federal Regulations require admission, review and dismissal committees to consider the child's need for AT in the development of the student’s individualized education program (IEP) (§300.324(a)(2)(v)). Assistive technology devices and services must be made available if required as part of the child's specially designed instruction, related services, or supplementary aids and services. (§300.105). Schools must permit the use of school-purchased AT devices at home or in other settings, if the IEP team determines that the child needs access to those devices settings outside of school settings (for example, to complete homework assignments). 

AT devices that are necessary to ensure a free and appropriate public education (FAPE) must be provided at no cost to the parents. The school owns the AT device(s) and the parents cannot be charged for normal use, wear and tear. 

Transfer of Assistive Technology Devices 

State law (TEC §30.0015) allows schools to transfer AT devices when a student moves to a different school in the district or no longer attends school in the district that purchased the device. The AT device may be transferred to:

• the new school or school district,
• a state agency that provides services to the student after graduation, or
• the adult student or student’s parents. 

TEA has developed a form (Uniform Transfer Agreement Form for Assistive Technology Devices) to convey title of AT devices that are transferred under this state law.