Assistive Technology in Delaware IEPs: How to Request It and What Schools Must Provide

When a student with a disability needs a tool, device, or system to participate meaningfully in their education, that tool is called assistive technology. Under federal IDEA and Delaware Administrative Code §925, IEP teams are required to consider assistive technology for every student with a disability — every year. The question is whether that consideration is genuine or perfunctory.

For many Delaware families, assistive technology is something they discover on their own through a therapist, a private evaluation, or another parent's recommendation — then find themselves having to fight the district to provide. This guide explains what you're entitled to and how to get it.

What "Assistive Technology" Means Under Delaware Law

IDEA defines assistive technology broadly: any item, piece of equipment, or product system — whether acquired commercially, modified, or customized — that is used to increase, maintain, or improve the functional capabilities of a student with a disability.

This includes:

• AAC devices (communication apps on tablets, dedicated speech-generating devices like Tobii Dynavox or Prentke Romich systems)
• Text-to-speech and speech-to-text software (Read&Write, NaturalReader, Dragon, Google's Live Transcribe)
• Screen readers and magnification software for students with visual impairments
• Word prediction and writing support tools (Co:Writer, Ginger)
• Organizational apps and visual schedules for students with autism, ADHD, or executive function challenges
• Hearing loop systems and FM amplification for students with auditory processing issues
• Adapted keyboards, mouse alternatives, and switch access for students with motor impairments
• Specialized calculators and math tools for students with dyscalculia

The range is intentionally wide. If a tool helps a student with a disability access their education, it's potentially AT.

The IEP Team's Mandatory Consideration Requirement

Here is the legal requirement that most parents don't know about: Delaware IEP teams are required by IDEA to consider whether the student needs assistive technology devices and services at every IEP meeting. This is not optional, and it's not a special request you have to trigger — it's supposed to happen automatically.

In practice, "consideration" in many Delaware IEP meetings amounts to a checkbox. Someone says "does the student need AT?" someone else says "no" or "not at this time," and the meeting moves on. There is no assessment, no discussion of specific tools, no evaluation of how the student is currently accessing the curriculum.

If you have reason to believe your child could benefit from AT — because they struggle with written output, because they use a communication device at home but not at school, because they have vision or hearing needs, because fine motor difficulties affect their access to classroom materials — you can and should request a formal AT assessment.

How to Request an Assistive Technology Assessment

Submit the request in writing to the IEP team chair or special education coordinator. Specify:

• That you are requesting a comprehensive assistive technology assessment for your child
• The specific areas of concern (e.g., written language, communication, reading access, math computation, fine motor access)
• A request that the assessment be conducted by a qualified AT specialist, not just by the classroom teacher or generic special education staff

Delaware's evaluation regulations under 14 DE Admin. Code §925 require that assessments be conducted by trained and knowledgeable personnel with appropriate licensure. An AT assessment should involve someone with specific expertise in assistive technology — which may mean the district needs to contract with an outside specialist.

A comprehensive AT assessment will observe the student in their actual school environment, test specific tools against the student's needs, and produce a written report with recommendations. The recommendations from an AT assessment should then be reviewed by the IEP team and, if appropriate, incorporated into the IEP.

What the IEP Must Say About AT

If the IEP team determines that a student needs AT, the IEP must specify:

• The specific devices or software to be provided
• How and where they will be used (specific settings, subjects, or tasks)
• Any training needed for the student and staff to use the AT effectively
• Whether the device can go home with the student (AT services include access in all environments where the student needs it, which often includes home use)

Vague language like "AT as appropriate" or "AT support to be determined" is not enforceable. Push for specifics: the name of the device or software, the settings where it will be available, and documentation of staff training responsibilities.

Taking AT Home

One of the most common AT disputes in Delaware involves home use. Families often find that a communication device or adapted laptop is available at school but cannot go home — effectively cutting off practice during evenings, weekends, and breaks.

IDEA requires that assistive technology be provided in all settings where the student needs it, including the home, if the IEP team determines home access is required for FAPE. The IEP team makes this determination based on the student's needs — not the district's insurance concerns about equipment leaving the building.

If your child uses an AAC device and their communication skills require consistent practice across environments, the IEP team should document whether home access is necessary. If they determine it's not, they must explain why in Prior Written Notice. If they agree home access is needed, it should be written into the IEP explicitly.

When the District Denies AT or Delays Providing It

If the IEP team refuses to provide recommended AT — or acknowledges a need but doesn't deliver the device within a reasonable timeframe — you have several options:

Request Prior Written Notice documenting the denial, the data relied on, and the alternatives considered. This is your right under 14 DE Admin. Code §926.

Request an Independent Educational Evaluation if you believe the district's AT assessment was inadequate or missed significant needs. The district must either fund the IEE or file for due process to defend its own assessment.

File a DDOE state complaint if the district agreed to provide AT in the IEP and then failed to do so. This is an IEP implementation violation, and the DDOE has authority to order corrective action including providing the equipment and compensatory services for the period the student went without it.

AAC and Communication Devices: A Special Note

For students who use or could benefit from augmentative and alternative communication devices, the stakes are especially high. Communication is a foundational skill that affects every aspect of education and social development. Delays in providing an appropriate AAC system — or restricting use of a communication device to specific times or settings — can have lasting educational consequences.

If your child has a communication disability and the district's response has been "let's wait and see" or "they're making progress with PECS," but an independent SLP or developmental pediatrician has recommended a more robust communication system, request a formal AT assessment immediately and cite 14 DE Admin. Code §925's requirement for comprehensive evaluation in all areas of suspected need.

Get the Full Toolkit

The Delaware IEP & 504 Advocacy Playbook at /us/delaware/advocacy/ includes an assistive technology request letter template, a checklist for evaluating whether an IEP's AT provisions are specific and enforceable, and guidance on what to do when a district delays or denies an AT recommendation. Every Delaware student with a disability has the right to the tools they need to access their education — the Playbook helps you make that right real.

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