34 C.F.R. § 300.105

Assistive technology

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(a) Each public agency must ensure that assistive technology devices or assistive technology services, or both, as those terms are defined in §§ 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 § 300.39;

(2) Related services under § 300.34; or

(3) Supplementary aids and services under §§ 300.42 and 300.114(a)(2)(ii).

(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 FAPE.

(Approved by the Office of Management and Budget under control number 1820-0030) (Authority: 20 U.S.C. 1412(a)(1), 1412(a)(12)(B)(i)) [71 FR 46753, Aug. 14, 2006, as amended at 82 FR 29759, June 30, 2017]
Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 2009–2023 · leading case: K.E. Ex Rel. K.E. v. Indep. Sch. Dist. No. 15, 647 F.3d 795 (8th Cir. 2011).
K.E. Ex Rel. K.E. v. Indep. Sch. Dist. No. 15, 647 F.3d 795 (8th Cir. 2011). · cites it 2× “See 34 C.F.R. § 300.105 ; see also 20 U.S.C. § 1414 (d)(3)(B)(v).”
Indep. Sch. Dist. No. 12 v. Minnesota Dep't of Educ., 788 N.W.2d 907 (Minn. 2010). · cites it 4× “For example, 34 C.F.R. § 300.105 (b) (2010) states: "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…”
Jerry M. v. Riesel Indep. Sch. Dist., 379 F. Supp. 3d 570 (W.D. Tex. 2019). · cites it 2× “§ 1400 (d)(1)(A) ; 34 C.F.R. § 300.105 (a). Defendants are correct in asserting that the IDEA does not explicitly require an evaluation for AT.”
Blake C. Ex Rel. Tina F. v. Dep't of Educ., 593 F. Supp. 2d 1199 (D. Haw. 2009). “§ 1414 (d)(3)(B)(v) (requiring as part of the development of an IEP that an IEP team “consider whether the child needs assistive technology devices and services”) and § 1412(a)(12)(B)(i); 34 C.F.R. § 300.105 (a) (“Each public agency shall ensure that assistive technology devices…”
William v. v. Copperas Cove Indep Sch Dist (5th Cir. 2020). “See 34 C.F.R. § 300.105 . Appellants fail to show reversible error as to this conclusion.”
Dervishi v. Stamford Bd. of Educ. (D. Conn. 2023). “is required if the child’s IEP Team determines that the child needs access to those devices in order to receive [free appropriate public education].”
K.E. v. Ids No. 15 (8th Cir. 2011). “See 34 C.F.R. § 300.105 ; see also 20 U.S.C. § 1414 (d)(3)(B)(v).”
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