Disability Rights in Indiana's Device Policy Shift

As schools adopt stricter policies against student cellphone and device use, disability rights advocates are urging administrators to consider the civil rights of students with disabilities who depend on assistive technology for learning.

In a recent statement, the Council of Parent Attorneys and Advocates (COPAA), a nonprofit focused on protecting the legal rights of students with disabilities, emphasized that both the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973 guarantee students the right to use assistive technology, auxiliary aids, and other accommodations.

It’s common for schools, parents, and students to decide that a student with a disability needs consistent access to devices like computers, tablets, cellphones, or apps as part of their individualized education program (IEP) or Section 504 plan, according to the statement.

This has raised concerns about device limitations in schools. “We’re very fearful that this will push us backwards … and have harmful effects on students,” said Denise Marshall, CEO of COPAA.

IDEA regulations also require IEP teams to assess whether each student could benefit from assistive technology. Supports offered by assistive technology may include tools like text-to-speech, large font, digital recorders, calculators, and voice recognition software.

Additionally, special education and technology experts are noting that generative artificial intelligence holds potential to improve education accessibility and personalized learning, although it also presents new risks.

During the 2022-23 school year, 7.5 million students received services under IDEA, and 1.6 million were served only under Section 504 in the 2020-21 school year, the latest available data. However, it remains unclear how many of these students used assistive technology.

Concerns and questions
Earlier this year, the U.S. Department of Education issued a resource for administrators, special educators, and parents, addressing myths about assistive technology, including the misconception that school districts are not required to provide it if they can’t afford it.

Marshall expressed COPAA’s ongoing concerns about inconsistent access to assistive technology for students. The recent push to limit cellphones and other devices in schools has intensified these concerns, she said.

While some state and local policies on cellphone and device use allow exceptions for students with disabilities who need assistive technology, these carve-outs raise significant questions, Marshall noted.

For instance:

  • Could a student with disabilities be stigmatized for using technology in a general education classroom where devices are otherwise banned, potentially violating health privacy protocols?
  • Will cellphone bans lead to the segregation of students who are allowed to use devices?
  • Will parents bear the responsibility of ensuring that their child’s IEPs permitting assistive technology are respected in schools where device use is restricted?

“We have a grave concern that they will further jeopardize access to general education in the least restrictive environment,” Marshall said.

Another concern is the potential for disproportionate discipline rates for students with disabilities who violate cellphone bans, even if their IEPs allow for device use.

A survey by the National Parents Union found that 78% of parents want their children to have cellphone access during the school day for emergencies. The survey, released on Sept. 6, also revealed that 45% of parents support cellphone use during school hours to communicate about their children’s mental health and other needs.

A paper published by the Kaiser Family Foundation on Sept. 5 highlighted the difficulties associated with cellphone bans, including enforcement, accommodating exceptions, and ensuring equity.

As of Sept. 4, seven states—Florida, Indiana, Louisiana, Minnesota, Ohio, South Carolina, and Virginia—had passed policies restricting cellphone use in schools, according to the Kaiser Family Foundation. These states and districts argue that devices distract students from academic work and in-person social interactions.

According to a 2023 Common Sense Media survey, 97% of 11- to 17-year-olds use their phones during school hours, with much of that time spent on social media.

Marshall encourages school leaders to adopt a proactive approach to assistive technology by training educators and families about students’ rights to access these tools. She also advises school administrators to review policies that may conflict with the legal rights of students with disabilities and their ability to participate in the general education curriculum, ensuring that disability rights are protected.

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