Policy – Category 5000 (Students)
BP 5005 – Supports and Services
disabilities employed in a public or private school or community college or by persons training dogs ( California Education Code section 39839; Civil Code section 54.2 ).
4.7
Court Cases Regarding the Use of Service Animals
• Bakersfield (CA) City Sch. Dist., 50 IDELR 169 (OCRIX, San Francisco (CA) 2008);
• Sullivan v. Vallejo City Unified Sch. Dist., 16 IDELR 597 (E.D. Cal. 1990); and
• Bakersfield City School District, California State Educational Agency, 51 IDELR 142.
5.0
Assistive Technology
Assistive technology needs must be considered for each individual with a disability. Amendments to the Individuals with Disabilities Education Act (IDEA) 2004 require the IEP team to consider whether the child requires assistive technology and services ( IDEA; Title 20 of the United States Code, section 1414(d)(3)(B)(v) ).
Assistive technology and services is defined in federal law as follows:
• Assistive Technology Device: The term “assistive technology device” means any item, piece of equipment or product system, whether acquired commercially off the shelf, modified or customized, that is used to increase, maintain or improve functional capabilities of a child with a disability. The term does not include a medical device that is surgically implanted, or the replacement of such device. • Assistive Technology Service: The term “assistive technology service” means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. Such terms include:
➢ The evaluation of the needs of a child with a disability, including a functi onal evaluation of the child in the child’s customary environment.
➢ Purchasing, leasing or otherwise providing for the acquisition of assistive technology devices by children with disabilities.
➢ Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing of assistive technology devices.
BP 5005 – Supports and Services
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Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 10/19)
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