(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—

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(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]