My daughter has assistive technology written into her IEP. I requested to borrow the mobile stander she uses school, for trial at home.
The PT claims the school cannot loan equipment to families. I feel that the PT is wrong is saying that we cannot trial the stander, but I’m not sure how to proceed?
I don’t believe the PT makes unilateral decisions on the use of AT. The IEP team should make these decisions on a case-by-case basis.
If your child’s IEP team determines she needs or could benefit from AT at home, the use of school-purchased AT in the home or other settings is required. The team should write this home use in the IEP.
34 CFR 300.105(b). Assistive technology.
(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 FAPTE.
Turn in your Wrightslaw: All About IEPs to Chapter 8 on Assistive Technology. You’ll find more information there and the legal citations.
As always, your issues, concerns, and requests should be in writing.
Send a letter to the school that outlines your concerns. Request a team meeting to discuss the home use of the stander. Explain that you want the IEP team members to help you understand how 300.105(b) applies to your daughter’s case.
Considerations for the IEP Team
- Promoting carryover of school routine to the home environment
- Allowing your daughter to participate in programs or activities that would otherwise be closed to her
- Supporting normal interactions with peers and adults at home or in the neighborhood
- Ensuring the parent training component in the IEP by trialing the stander with family
IDEA requirements for AT include Assistive Technology Devices and Assistive Technology Services that increase and improve your child’s ability to function independently in and out of school.
20 U.S.C. 1404 (2) AT Services include –
(E) training or technical assistance for such child, or where appropriate, the family of such child
Any decisions about AT, AT use at home, and parent training for AT must be written into your daughter’s IEP.
Where in the law, IDEA or Regulations can I find information about student and parental training shall be provided for a new AAC device user?
Look at regulations 300.6; 300.34(c)(8); 300.324(a)(v)
I am just curious what are the liability issues when a piece of equipment like a stander is provided for use at home? For example, a PT provides parent training but the student is injured while the parent/student is using the stander at home. How does a PT protect themselves and the school from liability if the stander was used improperly? Also, who is responsible for damages to the equipment while it is at home?
Finally, as an aside, in this case the parent is asking to trial the stander at home. This seems to indicate that the child’s needs are either unknown and/or the parent is hoping to purchase a stander and would like to do a pre-purchase trial. While a good idea, how is the trial the school’s responsibility? Also, if the stander is sent home, what will the student use at school instead?