IDEA currently exempts medical devices for qualifying under FAPE. If the device requires medical expertise, is physically or surgically intrusive, can only be delivered in a hospital setting, is needed to sustain life, is a great liability to the institution if the device breaks down or the service provider is ill, or is a great time and cost burden — then the device is more likely to be considered for medical purposes rather than for educational purposes. 

FAPE Exemption for Medical Devices

If the school purchases the device, then the school owns it. If the student were to move to another local education agency (LEA)/school district, the device would not follow them there. However, some LEA’s have pooled money together to cooperatively purchase devices, and so long as the student moves within their specific cooperative of LEA’s, then the device may follow the student.

Ownership of Educational Assistive Technology

§300.5 of IDEA defines assistive technology as any item, piece of equipment, or product system that is used to increase or maintain the functional abilities of children with disabilities.

University of Michigan - Ann Arbor

To meet the standards of an appropriate education as defined by the Department of Education and section 504, all education services must provide for the needs of a student with disability as equally as the needs met for student without disability, have ability for each student with a disability to have maximum opportunity to learn/interact with students without disability, implement proper evaluation and procedures to protect students with disability, and they must properly collaborate with parents/guardians. 

Appropriate Education for a Person with Disability

Golden, Diane. (1998). Assistive Technology in Special Education: Policy & Practice [monograph]. Assistive Technology Policy & Practice Series.

Assistive Technology in Special Education: Policy & Practice

An individualized academic plan that is created for a child with a disability that outlines the child's unique educational needs, goals, and the accommodations they are entitled to. Found in 20 U.S.C § 1412(4) (2018)

Individualized Education Program (IEP)

GLDs are shown to have incredible duality in their characteristics and needs, thus requiring tailored, customized accommodation to best address their needs. Educators commonly find difficulty in providing the tailored accommodation due to the need for freedom to explore the talents causing giftedness, while also getting support for their individual needs caused by disability. Educators could improve current accommodations by broadening the identification and assessment processes for students suspected to be GLDs, allowing them to include the wider variety of characteristics stemming from the duality these students. This will allow for earlier identification, and earlier support.

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