31 | Common Questions (cont.)

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12. May the student take home AT devices purchased by the school?
Yes. As stated in the IDEA regulation 34 CFR 300.308 (b), “On a case-by-case basis, the use of school-purchased AT 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.” The IEP team will decide if a student requires the use of school-owned equipment in environments outside the school environment, including the student’s home.

13. Who is responsible for maintenance and repair of equipment?
The local school district is responsible for:

  • Maintaining the equipment (i.e. replacing batteries and charging).
  • Repairing AT devices used as part of the student’s special education and related services.
  • Ensuring that the student receives substitute equipment while his/her device is being repaired.
  • Ensuring that the external components of surgically implanted medical devices are functioning.

14. What provisions should be made while AT devices are being repaired?
It may not be possible to provide the same device in the interim. During the development of the student’s IEP, IEP teams should identify: the steps to take if the device needs repairs; how they will secure a substitute system; and/what other technology options used on a temporary basis during the repair process would offer an acceptable substitute to the student’s device. See page 32 for resources which provide loan equipment.

15. What provisions should be made for transfer of equipment when a student moves to another school or to a post-school program?
Local school districts should consider transferring the equipment with the student. Participating agencies should discuss the transfer of AT equipment for a student transitioning from school to post-school programs, using Memorandum of Understanding or Interagency Agreements between agencies that procure AT. Refer to Appendix B, the AT Devices Purchases/Sales Agreement Form and Sample Depreciation Spreadsheets.

16. What should happen when an AT device is no longer effective for a student?
The AT team should begin the assessment process again by first gathering information about the student, environments, and tasks then continue the process with a trial of new device(s), collecting data, making a decision, and documenting in the IEP.

17. Do parents have the right to request a due process hearing over the provision of AT?
Yes. AT devices and services contribute to an appropriate education for a child with disabilities and are subject to the procedural safeguards required by IDEA, including the right to request a due process hearing. As specified in the Policies and Procedures for Special Education in Oklahoma, parents or guardians may request a hearing to determine whether an educational program is free and/or appropriate for a child with disabilities or for a child alleged to have a disability. Mediation in special education is also available to assist parents and schools in resolving disagreements regarding the education program of a student with disabilities. See page 32 for applicable resources.