Understanding Assistive Technology Device: A Legal Perspective

Q: Are assistive technology devices covered by insurance?

Coverage can vary by insurance plan, so it&#039;s important to check with your provider regarding specific devices.

Q: How can I request an assistive technology assessment?

Contact your child&#039;s school or local educational agency to initiate an assessment for assistive technology needs.

Definition & Meaning

An assistive technology device is any item, piece of equipment, or product system that is used to help a child with a disability enhance, maintain, or improve their functional capabilities. These devices can be commercially available, modified, or specially designed to meet individual needs. However, it is important to note that medical devices that are surgically implanted, or their replacements, are not included in this definition.

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Legal Use & context

Assistive technology devices are primarily referenced in the context of special education law, particularly under the Individuals with Disabilities Education Act (IDEA). This term is relevant in civil law, especially in cases involving education rights for children with disabilities. Users may find legal forms and templates helpful for navigating the processes related to obtaining or advocating for these devices in educational settings.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

Example 1: A child with a visual impairment may use a screen reader, which is an assistive technology device that converts text to speech, helping them access educational materials.

Example 2: A child with mobility challenges might use a customized wheelchair designed to improve their ability to navigate their school environment (hypothetical example).

Relevant laws & statutes

The primary law governing assistive technology devices is the Individuals with Disabilities Education Act (IDEA), which ensures that children with disabilities have access to appropriate educational resources, including assistive technology. Other relevant laws may include the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act.

State-by-state differences

State	Key Differences
California	Provides additional funding for assistive technology in schools.
Texas	Requires schools to conduct assessments for assistive technology needs.
New York	Offers a wider range of devices through state-funded programs.

This is not a complete list. State laws vary and users should consult local rules for specific guidance.

Comparison with related terms

Term	Definition	Key Differences
Assistive Technology Device	Items that help improve functional capabilities of individuals with disabilities.	Focuses specifically on devices, not services.
Adaptive Equipment	Tools that are modified for specific needs.	Can include both devices and services.
Medical Device	Products used for medical purposes.	Excludes surgically implanted devices from assistive technology definition.

Common misunderstandings

Some people think assistive technology devices are only for severe disabilities. In reality, they can benefit children with a wide range of needs.
There is a misconception that all assistive devices are expensive. Many affordable options are available, including those provided by schools.
Another misunderstanding is that assistive technology is only used in schools. These devices can also be beneficial at home and in the community.

What to do if this term applies to you

If you believe an assistive technology device may benefit a child in your care, consider the following steps:

Consult with educational professionals to assess the child's needs.
Explore available options for obtaining the necessary devices, including school resources and state programs.
Utilize US Legal Forms' templates to create any necessary documentation or requests for assistive technology.
If needed, seek assistance from a legal professional for complex situations.

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Quick facts

Typical costs can vary widely based on the device.
Jurisdiction primarily falls under education law.
Funding may be available through state and federal programs.

Key takeaways

Frequently asked questions

What types of devices are considered assistive technology?

Devices can include communication aids, mobility devices, and learning tools designed to support functional capabilities.