North Dakota IEP Assistive Technology: How to Get AT Written Into Your Child's IEP

Assistive technology is one of the most under-utilized IEP supports in North Dakota. Many parents have never heard it discussed at an IEP meeting, even when their child is struggling with tasks that AT directly addresses — reading, writing, communication, organization, mobility. The reason is simple: schools are not required to proactively identify the best possible supports. They're required to consider AT at every IEP meeting. Consideration and recommendation are two different things, and the gap between them costs children real educational opportunity.

What Federal Law Requires

Under IDEA §300.324(a)(2)(v), IEP teams must consider whether a student needs assistive technology devices and services. This is a mandatory consideration — not optional, not reserved for students with severe disabilities, and not something the team can skip. Every IEP meeting in North Dakota must include this consideration.

The problem: "consideration" does not require the team to document what was considered, how long it was discussed, or what alternatives were evaluated. A team can technically satisfy the consideration requirement by someone saying "AT — any concerns?" and moving on. That's why parents who want AT for their child need to be the ones raising it specifically, with data.

What Counts as Assistive Technology

An assistive technology device is 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 is deliberately broad.

AT is commonly categorized by complexity:

Low-tech: Pencil grips, slant boards, fidget tools, highlighted rulers, color-coded folders, visual timers. These don't require batteries or software and are often inexpensive. Districts sometimes overlook them as "AT" because they seem simple.

Mid-tech: Calculators, audiobooks, portable word processors, recording devices, visual schedule boards, basic AAC devices. More structured than low-tech but still relatively accessible.

High-tech: Text-to-speech software (e.g., Read&Write, Kurzweil), speech-to-text software (Dragon NaturallySpeaking), screen readers, sophisticated AAC systems (e.g., Tobii Dynavox, Proloquo2Go), screen magnification software, smart pens, eye-gaze communication systems.

AT also includes assistive technology services — the evaluation, selection, acquisition, customization, training, and maintenance of the devices. If the IEP includes an AT device, the school must also provide the services to ensure the student can actually use it effectively.

How to Request an Assistive Technology Evaluation

If you believe your child would benefit from AT — or if your child has been using AT through a private therapist or medical provider and needs the school to provide it — the first step is to request a formal AT evaluation.

Submit the request in writing. Address it to the special education director or your child's case manager. Be specific about what you're concerned about and what functional tasks are being affected:

"I am requesting an assistive technology evaluation for [child's name]. My child has significant difficulty with written expression — producing legible written work and completing written assignments within the time allowed. This has not improved despite instruction, and I believe AT tools should be evaluated to determine whether they would support access to the curriculum."

The school must either agree to conduct the evaluation or provide you with a Prior Written Notice explaining why they are declining. A blanket refusal without a PWN is a procedural violation.

What an AT Evaluation Should Include

A good AT evaluation examines the student's current functional performance, the tasks they're struggling with, the environments where they work (classroom, home, other settings), and which AT tools — across low-, mid-, and high-tech options — might address those functional gaps.

The evaluation should result in specific recommendations: which devices or tools to try, how to implement them, and what training will be needed. It should not just say "the student would benefit from technology" without specifying what technology.

In North Dakota, AT evaluations are typically conducted by the school's AT specialist, an occupational therapist with AT training, or an outside consultant. Larger districts (Fargo, Bismarck) may have dedicated AT staff. Smaller districts often access AT specialists through their MDU or through NDDPI resources.

If you disagree with the school's AT evaluation, you have the same right to an Independent Educational Evaluation (IEE) for AT as you do for any other evaluation. Request the IEE in writing; the district must either fund it or file for due process.

Getting AT Written Into the IEP

Evaluation findings don't automatically translate into IEP services. The IEP team must review the AT evaluation and decide what to include. If the evaluation recommends specific devices or tools, push for those specific tools to be named in the IEP — not vague language like "technology supports as needed" but concrete entries:

• "Text-to-speech software (Read&Write or equivalent) available during all reading tasks"
• "Speech-to-text software for written expression assignments"
• "AAC device (Proloquo2Go) for functional communication throughout the school day"

Vague language creates room for inconsistent implementation. A student with a text-to-speech accommodation "as available" may find it unavailable in the moments they need it most.

Also request that AT services be written in specifically: initial device training (student and teacher), ongoing support from an AT specialist, and a process for troubleshooting when devices don't work.

When the School Says the Child "Needs to Try Harder First"

Some districts resist AT because they believe it will reduce a student's motivation to develop skills without technology. This is a common but legally weak argument. IDEA does not require a student to fail without AT before AT can be provided. If the evaluation data shows that AT would help the student access the curriculum, the team should recommend it.

The "effort first" argument is also contradicted by the nature of many disabilities. A student with severe dyslexia who is not making progress in decoding after years of instruction may never develop reliable independent decoding. AT that provides access to text is not a shortcut — it's the appropriate educational accommodation.

If the district is resisting AT based on this reasoning, ask them to put their position in a Prior Written Notice. Ask what data they are relying on to conclude that AT is not appropriate. Ask whether the AT evaluation they conducted included trial periods with the recommended tools. Specificity forces the conversation out of vague resistance and into documented reasoning.

AT and Remote or Rural Settings

For families in smaller North Dakota districts, accessing AT can be logistically complicated. AT specialists may only visit via MDU arrangement once or twice a month. High-tech devices may require vendor support that isn't locally available.

None of this exempts the district from their obligation to provide appropriate AT. If the district's local capacity limits AT implementation, they must arrange alternative support — teletherapy training from an AT specialist, contracted services, or vendor-provided training. Document any delays in implementation in writing and follow up on the timeline.

The North Dakota IEP & 504 Advocacy Playbook covers how to request AT evaluations, respond to district resistance, and document AT-related service gaps — including templates designed for parents in North Dakota who need the district to act, not just consider.

AT at Every IEP Meeting: A Checklist Item, Not a One-Time Decision

Even if your child's current IEP doesn't include AT, it should be revisited at every annual review. As your child's needs evolve and as technology improves, the AT landscape changes. A student who didn't need AAC at age 7 may need it at 12. A student who managed with pencil grips in elementary may need speech-to-text in middle school when writing demands increase dramatically.

Before every IEP meeting, add AT to your agenda. Ask the team specifically: what AT tools has my child been using this year, and are they working? What new tools have been evaluated? Is there anything in the current AT landscape that we haven't tried that might help?

The team must consider it. You can make sure they consider it seriously.

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