The IDEA is the primary mechanism by which students with disabilities acquire the AT they need to benefit from their education. In IDEA, AT devices are defined broadly as items that maintain or improve the functional capabilities of a person with a disability. AT services are those that assist in the selection, acquisition, or use of an AT device.

The student's needs, including the need for AT, must be documented in a written Individualized Education Program (IEP). The IEP should be developed by a team of school personnel, the child's parents, and the child (if appropriate), and someone on the team should have sufficient knowledge about AT options if AT is among the services discussed. Like all other services authorized in the IEP, AT must be provided at no cost to the student and family.

The IDEA has been revised several times since its initial passage, under a different name, in 1975. AT access is supported in several important ways:

• AT is one of only five "special factors" that MUST be considered for all children for whom an IEP is developed. This means that the IEP team must explicitly discuss the student's need for AT and, if the need is confirmed or suspected, must take appropriate action to ensure access to needed devices and services. Delaware addresses this with an explicit check-off on the IEP form that is used statewide.
• Training for families and school staff relative to AT operation and use can be included on the IEP.
• A school's obligation to provide AT may extend to homework and school-based extracurricular activities as long as these needs are documented in the IEP.

AT Access Under IDEA

The process of obtaining AT through the IDEA starts at the IEP meeting. It is critically important that the IEP team has the knowledge and skills to make informed decisions. The student's IEP should be based on a variety of factors, including data about the student, his/her environment, and the required tasks.

The standard for whether AT should be included in the IEP is whether it is needed to ensure reasonable educational progress in the least restrictive setting. AT may be considered as either special education and related services or as "supplementary aids and services." If the school rejects a parent's request for AT, the parent can seek an independent evaluation at the school’s expense if the school fails to show that its evaluation was appropriate. The parent can also consider an appeal of the school's decision.