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Note:  This document has been delivered to the Office of the Federal Register but has not yet been scheduled for publication.  The official version of this document is the document that is published in the Federal Register.

(e.g., mapping) are assistive technology devices and assistive technology services.

Section 602(1)(B) of the Act excludes from the

definition of an assistive technology device “a medical

device that is surgically implanted, or the replacement of

such device.” Section 602(2) of the Act states that

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.” A cochlear implant, as a surgically implanted

medical device, is excluded from being an assistive technology device under section 602(1)(B) and, therefore, optimization (e.g., mapping) of a cochlear implant cannot directly assist an infant or toddler with a disability with regard to an assistive technology device that is covered under the Act. Thus, optimization (e.g., mapping) is not an assistive technology service and excluding optimization from the definition of early intervention service is consistent with the Act.

We also note that the exclusion of mapping does not prevent the appropriate early intervention service provider from checking to ensure the device is working.

We do not agree that optimization of a cochlear implant is the same as setting a listening device. Unlike