Assistive Technology on a New York IEP: How to Request and Enforce It

Your child struggles with written output and has been told to "keep practicing." But there's a word processor with text-to-speech that could unlock their ability to demonstrate what they actually know. The district hasn't mentioned assistive technology. In New York, you do not have to wait for the district to raise it.

What Assistive Technology Means Under Federal and New York Law

Under IDEA, assistive technology is defined broadly: any item, piece of equipment, or product — whether off-the-shelf, modified, or customized — that increases, maintains, or improves the functional capabilities of a student with a disability. New York's 8 NYCRR Part 200.1 echoes this definition, encompassing both assistive technology devices (the physical or digital tools) and assistive technology services (evaluation, setup, training for the student, training for staff, and technical support).

Both components belong on the IEP if they are needed. A student who is prescribed a speech-to-text system but whose teachers don't know how to support its use — or whose school's IT system hasn't configured it — cannot actually access the technology. Assistive technology services ensure the device actually functions as intended.

Examples of assistive technology that regularly appear on New York IEPs include:

• Text-to-speech software (e.g., Kurzweil, Read&Write)
• Speech-to-text tools (e.g., Google voice typing, Dragon)
• Word prediction programs
• Augmentative and Alternative Communication (AAC) devices for students with limited verbal output
• Screen readers and magnification software for students with visual impairments
• Adapted keyboards, mice, or pencil grips
• Calculators and math support tools
• Visual schedules and picture-exchange systems
• FM systems and assistive listening devices for students with hearing loss

The range is wide. What matters is whether the specific technology addresses a barrier the student faces in accessing their educational program.

The Assistive Technology Evaluation in New York

Before the CSE can include assistive technology on an IEP, the student typically needs an assistive technology evaluation. This evaluation assesses the student's current functional abilities, the demands of their educational environment, and what tools — from low-tech (pencil grips, highlighted rulers) to high-tech (AAC devices, screen readers) — might bridge the gap.

In New York City, the DOE has assistive technology specialists who conduct these evaluations through the CBST. In upstate districts, evaluators may be employed by BOCES or contracted independently. The quality and depth of evaluations varies considerably.

If you believe your child needs assistive technology and no evaluation has been conducted:

1. Request the evaluation in writing. Address your letter to the CSE chairperson. Specify that you are requesting a comprehensive assistive technology evaluation. Under 8 NYCRR 200.4, the district must respond to your referral within 10 school days and complete the evaluation within 60 school days of your consent.

2. If the district's evaluation is inadequate, you have the right to request an Independent Educational Evaluation (IEE) at public expense. This is the same right that applies to any district evaluation — the district must either fund the independent AT evaluation or file for a due process hearing to defend its own evaluation.

An independent AT evaluator can be a powerful ally. Their report carries clinical weight that is harder for the CSE to dismiss than a teacher's informal observations.

Getting Assistive Technology Written Into the IEP

Once the evaluation is complete and the need is established, the CSE must include the recommended technology in the IEP. The IEP should specify:

• The specific device or category of device
• The assistive technology services required (training, setup, technical support)
• Where and when the technology will be used (across all settings, or specific classes only)
• Whether the student has home access to the device if needed for homework

Vague language like "access to technology as needed" is not adequate. The IEP must be specific enough that you can hold the district accountable for implementation. If the draft IEP language is ambiguous, request revisions before signing.

One critical advocacy point: assistive technology must be available for use at home if the student needs it to complete IEP goals that involve homework. The IEP should address this explicitly. Districts sometimes try to limit technology access to the school building — if the student's program includes at-home assignments tied to IEP goals, home access is part of FAPE.

The NYC-Specific Challenge: Implementation and Training

In New York City, one of the most common AT failures is not a refusal to put AT on the IEP — it is the failure to actually implement it. The device is approved, but:

• The software has not been installed on the school's system
• Teachers have not been trained to support its use
• The student doesn't know how to use it because no training was ever provided
• The device was assigned to a classroom that the student no longer attends

Each of these is a failure to implement the IEP. Document each gap with dates and specifics. If you've raised the implementation issue with the teacher or the CSE and nothing has changed, escalate in writing to the principal and CSE chairperson. If the pattern continues, this is the foundation for either a state complaint (for procedural non-implementation) or a due process complaint (if the failure to implement AT has resulted in your child not receiving FAPE).

Assistive Technology for Students with AAC Needs

For non-verbal or minimally verbal students who rely on augmentative and alternative communication (AAC) devices, the stakes of assistive technology implementation are especially high. An AAC device is not optional — it is the student's primary means of communication, and failure to provide and consistently implement it constitutes a denial of FAPE.

New York courts and hearing officers have taken AT implementation seriously in the AAC context. If a student's IEP mandates an AAC device and the district fails to provide or fund it, you can file a due process complaint seeking both implementation and compensatory services for the period of non-delivery.

For AAC specifically, consistency of use across settings — classroom, lunch, specials, therapy, home — is critical. The IEP should mandate that staff are trained in supporting AAC use and that the device accompanies the student throughout the school day.

When the District Refuses to Recommend Assistive Technology

The CSE may complete an AT evaluation and conclude no device is currently warranted. If you disagree, request Prior Written Notice documenting the decision and request an IEE. Bring private evaluation data to the next CSE meeting. If the independent evaluator recommends specific tools, the CSE must consider those recommendations — it does not have to adopt them wholesale, but it must explain in writing why it is declining them.

A pattern worth noting: districts sometimes recommend low-tech solutions (pencil grip, highlighter tape) when higher-tech tools are clearly indicated by the evaluation data. If the evaluator's report recommends voice-to-text software for a student with dysgraphia and the CSE offers a different-colored pen, that is not an appropriate response to the recommendation.

For the complete documentation strategy — including the evaluation request letter, the IEE demand template, and the implementation monitoring log — the New York IEP & 504 Advocacy Playbook gives New York parents the specific tools they need to get assistive technology onto the IEP and ensure it is actually used.

Practical Starting Points

If you're beginning an assistive technology advocacy effort in New York:

1. Review your child's current IEP — is assistive technology listed under "Supplementary Aids, Services, and Program Modifications"? Is it listed under "Related Services"? If it appears nowhere, and your child struggles with any functional area (writing, reading, communication, organization), request an evaluation.

2. Talk to the current teacher or service provider about what tools the student has tried or might benefit from. Sometimes the school has informally tried tools but never formalized them on the IEP.

3. If your child uses any technology at home that supports their learning, document it. Bring that documentation to the CSE.

4. Contact INCLUDEnyc or Advocates for Children of New York for additional guidance if you're in NYC and navigating the DOE's AT system for the first time.

Assistive technology is often the difference between a student who cannot access grade-level content and one who can. In New York, it belongs on the IEP whenever the evaluation supports the need — and you do not have to wait for the district to raise it first.

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