Special Education/Assistive tech law

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Question
Can you explain where I can learn About law on assistive tech

My son is 3 yr behind speech. They loaned iPad. It barely has space
I created 90% of data and can't back it up
So far they spent $4 on apps
The data is basically me writing text in a program but since they paid for the $2 program
I can't back up
They say if I use my own iPad they can't get insurance for it
Does this seem reasonable
I am saving them from loaning theirs And only doing this bc they won't let me
Backup what I did. They bRely use it for him at school
He had assistive tech eval before school.  No report was provided. They said evaluator
Didn't know of any software.
I put my complaint in writing. What else can I do and what's the law
They also said they can't reimburse me software but what they do prevents me from
Maximizing use of the tech. Like when I want to edit. And what if it's all lost
I know I'm doing something wrong bc someone I know got $2000 of ws from school
And another went to due process for reimbursement for their tevh

Answer
Hi Sheena,

I answered this question on August 7.  Is this your same question?  I am copying my answer so you can ask a follow up if needed.  If this is not your question from the past, please review this answer to another parent and let me know what follow up you have.  

The main issue is that you may not have a proper evaluation demonstrating your child's needs, and you must tie your requests and complaints to your child's Free Appropriate Public Education.  If your son is not getting what he needs, how is it negatively affecting his ability to learn curriculum and his ability to make progress or benefit from his IEP?

Here is a resource to contact in NY:
http://schools.nyc.gov/Academics/SpecialEducation/D75/info_resources/default.htm

In order to go to a due process hearing, it usually requires you bring in an attorney and experts like me to testify and help you bring forward your evidence.  

You must be sure that all of these things are listed in his IEP.  If they are not, then either you don't have a proper evaluation in the area of AT or you have not tied the need for AT to a FAPE.  

Here is my Aug 7 response:


THanks so much for a great question and for using this service.  Here is a nice article I think will assist you.  

http://tamcec.org/pdf/AssistiveTech%20and%20IDEA%20Regs.pdf

The first thing I would like you to do is look at your child's assistive technology evaluation.  If there isn't one, there likely needs to be.  Then, I would like you to look at every line in your child's IEP to determine what is stated in the IEP related to the use of the iPad or other devices.  If there is nothing there, or if it is vague, your first task is to either get an evaluation, or revise the IEP to specifically state what your child needs.  The school, if it's in the IEP, should be directing the instruction, use, maintenance, and all issues related to this while teaching you what to do.  Keep your recipts because you may want to ask for reimbursement for your costs, IF the iPad is tied to your child's FREE appropriate public education.  If all children get one, then it may not be an IEP issue, when it should be.  

I would encourage the use of a cloud based saving system if possible or other online or secure way of storing the data as I know how frustrating that can be.  

I hope this ansswer has helped you in advocating for your child, and thank you again for using this service and writing to me!

If you are in New York, the state has a nice mediation program and you can request a mediation to help solve issues between you and the school.  
http://nypeace.org/special-education-mediation/

If you are not in NY, and want a resource in your state, just let me know.  

Please let me know if you have a follow up.  Also, please consider retaining a professional like me to audit your child's evaluations and IEP to see where the breakdowns are occurring!  Thank you again for writing to me!  abc4success@msn.com

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Michelle R. Davis, M. Ed.

Expertise

I can answer questions about disability definitions and criteria for services, the Individuals with Disabilities Education Act 2004, No Child Left Behind, 504 plans, how to craft an IEP that drives the appropriate services, school placement, dispute options, and least restrictive environment. I worked in the public school system as a special educator and am now in private consulting practice where we assist parents as they navigate the special education process. I have expertise in all educational disabilities except blind/visual impairments and deaf/hard of hearing. This includes ADHD and other health impairments, medical conditions, dyslexia and learning disabilities, Autism, emotional disabilities, language processing problems, and interfering behaviors.

Experience

10 years as special educator and administrator in public school system; Director of ABCs for Life Success since 1998; Expert services such as analysis and testimony; Author: Special Needs Advocacy Resource Book: What you can do now to advocate for your exceptional child's education; Special Needs Advocacy Training Institute; internet radio show Teach Your Children Well: Hot Topics in Education; author School Success for Kids with Emotional and Behavioral Disorders released March 2010 (Prufrock Press).

Education/Credentials
Masters in Special Education with Emphasis on Inclusive Education (Johns Hopkins University); B.S.in Special Education (James Madison University); Conduct training for Universities, public and private schools, parent groups. Adjunct professor current George Washington University and prior George Mason University.

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