IDEA says about Assistive Technology & English Language Learners

The laws and rules relating to the use of assistive technology for meeting the educational needs of students with disabilities, parental consent REVOKE (new!), and services for English language learners (ELLs) with disabilities.

Assistive technology, Section 300.24(a)(2)(v) of Title 34 of the Code of Federal Regulations (the “yellow book”), the IEP Team must “consider whether the child needs assistive technology devices and services.” Additional related sections of Title 34 CFR are 300.105(a), 300.105(b), 300.113, 300.5, and 300.6. Additionally, Florida State Board of Education Rule 6A-6.03028(3)(g)(10), Florida Administrative Code (F.A.C.) (the “red book”), states that in IEP development, review, and revision the IEP Team shall consider “whether the student requires assistive technology devices and services. On a case-by-case basis, the use of school-purchased assistive technology devices in a student’s home or in other settings is required if the IEP Team determines that the student needs access to those devices in order to receive a free appropriate public education…”

For ELLs with disabilities, 6A-6.03028(3)(g)(10), F.A.C., states that the IEP Team shall consider “in the case of a student with limited English proficiency, the language needs of the student as those needs relate to the student’s IEP.”

In regards to parental consent, section 300.300 of Title 34 CFR describes the procedures school districts must follow in obtaining parental consent for evaluations. Note that in some cases parental consent may not be required (e.g. if the district has made “reasonable efforts” to obtain consent or if the parent has “failed to respond,” or for certain tests or evaluations that are administered to all students). Note also that a district may use dispute resolution procedures to obtain parental consent in some cases. See also state regulation Rule 6A-6.0331.

Below are direct links to the federal and state regulations:

Title 34 CFR (“yellow book”)  ~ IDEA
http://idea.ed.gov/download/finalregulations.pdf

Florida Rules (“red book”)
http://www.fldoe.org/ese/pdf/1b-stats.pdf