35 | Federal Regulations (cont.)

35 | Federal Regulations (cont.)

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4 34 CFR §104.33 Free appropriate public education.

  1. A recipient that operates a public elementary or secondary education program shall provide a free appropriate public education to each qualified handicapped person who is in the recipient’s jurisdiction, regardless of the nature or severity of the person’s handicap.
  2. Appropriate education. (1) For the purpose of this subpart, the provision of an appropriate education is the provision of regular or special education and related aids and services that are designed to meet individual education needs of handicapped persons as adequately as the needs of nonhandicapped persons are met . . .

5 34 CFR §300.105 Assistive Technology.

  1. Each public agency must ensure that assistive technology devices or assistive technology services, or both, as those terms are defined in Sec. 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 Sec. 36;
    2. Related services under Sec. 300.34; or
    3. Supplementary aids and services under Sec. 300.38 and 114(a)(2)(ii).
  2. 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.

6 28 CFR §35.160 General.

    1. A public entity shall take appropriate steps to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others.
    2. (1) A public entity shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in, and enjoy the benefits of a service, program, or activity conducted by a public entity. (2) In determining what type of auxiliary aid and service is necessary, a public entity shall give primary consideration to the requests of the individual with disabilities.


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