JACK OCONNELL

State Superintendent
of Public Instruction

Funding Assistive
Technology for Students
with Visual Impairments
with Low Incidence Funds

State Funding
JACK OCONNELL
State Superintendent
of Public Instruction

The California Department of Education

(CDE) receives funding to allocate to
Special Education Local Plan Areas
(SELPA) for specialized equipment,
books and materials.
The funding is included as a line item in
the State Budget each year.

The 2012-13 budget included

$15,195,000 for this item.
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State Funding
JACK OCONNELL
State Superintendent
of Public Instruction

The funding is to supplement, not

supplant other funding.
The funding is for students with
Individualized Education Programs
(IEP) with low incidence disabilities
reported in Disability 1 and 2 on
the CASEMIS report.

Legislaltion

JACK OCONNELL
State Superintendent
of Public Instruction

56026.5 Low incidence disability means a

severe disabling condition with an expected
incidence rate of less than one percent of the
total statewide enrollment in kindergarten
through grade 12. For purposes of this definition,
severe disabling conditions are hearing
impairments, vision impairments, and severe
orthopedic impairments, or any combination
thereof. For purposes of this definition, vision
impairments do not include disabilities within the
function of vision specified in Section 56338.

Assistive Technology Device

56020.5 "Assistive technology device,"
JACK OCONNELL
State Superintendent
of Public Instruction

as provided in paragraph (1) of Section

1401 of Title 20 of the United States
Code, means any item, piece of
equipment, or product system, whether
acquired commercially without the need
for modification, modified, or
customized, that is used to increase,
maintain, or improve functional
capabilities of an individual with
exceptional needs.
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Assistive Technology Device

JACK OCONNELL
State Superintendent
of Public Instruction

The term does not include a

medical device that is surgically
implanted, or the replacement of
that device.

Legislation
JACK OCONNELL
State Superintendent
of Public Instruction

56836.22 (a) Commencing with the

1985-86 fiscal year, and for each
fiscal year thereafter, funds to
support specialized books, materials,
and equipment as required under the
individualized education program for
each pupil with low incidence
disabilities, as defined in Section
56026.5, shall be determined by
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Legislation
JACK OCONNELL
State Superintendent
of Public Instruction

dividing the total number of pupils

with low incidence disabilities in the
state, as reported on December 1 of
the prior fiscal year, into the annual
appropriation provided for this
purpose in the Budget Act.

Legislation
JACK OCONNELL
State Superintendent
of Public Instruction

(b) The per-pupil entitlement determined pursuant

to subdivision (a) shall be multiplied by the number
of pupils with low incidence disabilities in each
special education local plan area to determine the
total funds available for each local plan.
(c) The superintendent shall apportion the amount
determined pursuant to subdivision (b) to the
special education local plan area for purposes of
purchasing and coordinating the use of specialized
books, materials, and equipment.

Legislation
JACK OCONNELL
State Superintendent
of Public Instruction

(d) As a condition of receiving these funds,

the special education local plan area shall
ensure that the appropriate books, materials,
and equipment are purchased, that the use of
the equipment is coordinated as necessary,
and that the books, materials, and equipment
are reassigned to local educational agencies
within the special education local plan area
once the agency that originally received the
books, materials, and equipment no longer
needs them.
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Legislaltion

JACK OCONNELL
State Superintendent
of Public Instruction

56341.1 (b) The individualized

education program team shall do the
following:
(5) Consider whether the pupil
requires assistive technology
devices and services as defined in
Section 1401(1) and (2) of Title 20 of
the United States Code.

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Legislation
JACK OCONNELL
State Superintendent
of Public Instruction

(c) If, in considering the special factors

described in subdivisions (a) and (b), the
individualized education program team
determines that a pupil needs a particular
device or service, including an
intervention, accommodation, or other
program modification, in order for the
pupil to receive a free appropriate public
education, the individualized education
program team shall include a statement to
that effect in the pupil's individualized
education program.
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Funding

JACK OCONNELL
State Superintendent
of Public Instruction

Funding does not have to be divided

equally among the number of students with
low incidence disabilities as reported on
CASEMIS.
Funding may be spent on only a few
students with high needs.
Funding must be spent on students with an
Individualized Education Program (IEP).
Funding may not be spent on students with
a 504 plan.
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Funding
JACK OCONNELL
State Superintendent
of Public Instruction

Funds may be carried over to the

next year.
Funding goes out as an
apportionment from CDE to
SELPAs.
Students may not keep the
equipment beyond high school.
Parents may not purchase the
equipment.
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AT Evaluations
JACK OCONNELL
State Superintendent
of Public Instruction

EC 56020.5 and 56341.1

Title 5 3065
(b)(1) Assistive technology service
means any service that directly
assists an individual with exceptional
needs in the selection or use of an
assistive technology device that is
educationally necessary.

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AT Evaluations
JACK OCONNELL
State Superintendent
of Public Instruction

The term includes the evaluation of

the needs of an individual with
exceptional needs including a
functional evaluation of the
individual in the individual's
customary environment;
coordinating and using other
therapies, interventions, or
services with assistive technology
devices,
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AT Evaluations
JACK OCONNELL
State Superintendent
of Public Instruction

(2) Assistive technology services shall

be provided only by personnel who
possess a: (A) license in Physical
Therapy issued by a licensing agency
within the Department of Consumer
Affairs, where the utilization of assistive
technology services falls within the
scope of practice of physical therapy as
defined in Business and Professions
Code section 2620 and implementing
regulations; or

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AT Evaluations
JACK OCONNELL
State Superintendent
of Public Instruction

(B) license in Occupational Therapy

issued by a licensing agency within the
Department of Consumer Affairs; or
(C) license in Speech-Language
Pathology issued by a licensing agency
within the Department of Consumer
Affairs or a valid document, issued by
the California Commission on Teacher
Credentialing, where the function of the
assistive technology service is
augmentative communication; or
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AT Evaluations
JACK OCONNELL
State Superintendent
of Public Instruction

(D) baccalaureate degree in

engineering with emphasis in
assistive technology; or
(E) baccalaureate degree in a
related field of engineering with a
graduate certificate in rehabilitation
technology or assistive technology;
or
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AT Evaluations
JACK OCONNELL
State Superintendent
of Public Instruction

(F) certification from the Rehabilitation

Engineering and Assistive Technology
Society of North America and Assistive
Technology Provider (RESNA/ATP); or
(G) a certificate in assistive technology
applications issued by a regionally
accredited post-secondary institution; or
(H) a credential that authorizes special
education of physically handicapped,
orthopedically handicapped, or severely
handicapped pupils.
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Other School Activities and AT

JACK OCONNELL
State Superintendent
of Public Instruction

The IEP should also indicate any

educational need for use of the AT
at home.
The AT must be considered a part
of the requirements for a student
with an IEP to a Free and
Appropriate Public Education
(FAPE).
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Sharing Equipment
JACK OCONNELL
State Superintendent
of Public Instruction

(d) As a condition of receiving these funds,

the special education local plan area shall
ensure that the appropriate books,
materials, and equipment are purchased,
that the use of the equipment is coordinated
as necessary, and that the books, materials,
and equipment are reassigned to local
educational agencies within the special
education local plan area once the agency
that originally received the books, materials,
and equipment no longer needs them.
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Sharing Equipment
JACK OCONNELL
State Superintendent
of Public Instruction

(e) It is the intent of the Legislature

that special education local plan
areas share unused specialized
books, materials, and equipment
with neighboring special education
local plan areas.

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The Special Education Division Website

cde.ca.gov/sp/se
JACK OCONNELL
State Superintendent
of Public Instruction

Linda Wyatt, Ed.D., Consultant

Special Education Division
916- 322-3254
lwyatt@cde.ca.gov

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