UNITED STATES DEPARTMENT OF EDUCATION
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES
JUN 21 1998
Susan Goodman, Esq.
Senior Policy Specialist
Assistive Technology Funding
and Systems Change Project
1660 L Street NW, Suite 700
Washinqton, DC 20036-5602
Dear Ms. Goodman:
This is in further response to your letter, dated September 9,
1997, in which you request clarification from this Office
regarding the use of assistive technology devices purchased with
Federal funds provided under Part B of the Individuals with
Disabilities Education Act (Part B).
In your inquiry, you describe a situation in which a school
district expends Part B funds to purchase an assistive technology
device that is used by a disabled student to carry out the
provisions of the student's Individualized Education Program
(IEP). You have asked whether that same student can continue to
use the device as he or she transitions to, and participates in,
a State vocational rehabilitation services program funded under
Title I of the Rehabilitation Act of 1973, as amended, and
whether the school district can transfer ownership of the device
to the State vocational rehabilitation (VR) agency.
We agree that school districts can collaborate with State VR
agencies to enable transitioning students to continue. to use Part
B-funded assistive technology devices for purposes of
participating in a State VR services program. Whether a school
district that purchases an assistive technology device with Part
B funds can transfer ownership of the device to a State VR agency
is based on the needs of the district. An explanation of the
Federal requirements relevant to your inquiry and of the basis
for our conclusions follows.
Part B is a State-administered program subject to the
requirements in 34 CFR Part 80 of the Education Department
General Administrative Regulations (EDGAR), "Uniform
Administrative Requirements for Grants and Contracts to State,
Local, and Indian Tribal Governments".