Teacher Reports AAC Crisis After District Ends TD Snap Partnership

[Lisa Lightner]

I am posting this for a teacher who emailed me, I redacted any identifying information.

 

I am a self-contained special education teacher in Florida. We are a semirural high-poverty County. 

 

In the past, our county was partnered with TD Snap for AAC software. Sometime over the summer, there was some sort of legal dispute with TD Snap, possibly regarding misuse of student data. That’s all anyone in the district seems to know. However, as a result, the county has stopped issuing students any TD Snap licenses, but is apparently not touching licenses that were previously issued.

 

This is concerning for multiple reasons:

 

1. No one, and I mean no one, at the district seems to know anything about the problem other than “legal issue, possibly data breach,” or who to contact to get more information.

 

2. Neither the district nor Tobii Dynavox has reached out to teachers, parents, or students using the TD Snap software. They haven’t touched base with me as a teacher or as a parent (my child is an AAC user who was issued one of the county’s TD Snap licenses three years ago).

 

3. We currently have no AAC software available for students entering our school district who require AAC- even if they have it specifically written into their IEP that they require a speech generating device. 

 

The county is supposedly “in the process” of approving a contract with Proloquo, but I was flat out told there was no timeline for that. I tried to get a grant or even fund my own Proloquo licenses but the district told me that legally I could not do that.

 

Meanwhile, I’ve got a third grader in my class who is completely non-speaking. Her IEP states she requires a speech generating device. We are doing the best we can with obsolete GoTalk pages, core boards, and free demo software but that’s going about as well as you’d expect. She becomes so agitated that she punches and bites herself and me/my staff. I can’t even blame her- if I couldn’t communicate, I’d be mad enough to bite too.

 

I want to fight for her. Her parents are well meaning but are struggling and I don’t believe she has health insurance. I’m also not sure how to effectively fight this battle and still keep my job (we are an at-will state). 

 

Do you have any suggestions?

 

If not, thanks for reading anyway.

[Lisa Lightner]

First, thank you for reaching out and for advocating for your students. What you’ve described is deeply concerning, both legally and ethically. Unfortnately not uncommon. Communication is a fundamental right under IDEA, and a student’s IEP team (not the district office) is ultimately responsible for ensuring the assistive technology listed in the IEP is provided.

A few thoughts and possible next steps:

1. Document everything. Keep a written record of all communication attempts, to your district’s ESE department, AT specialists, and administrators. Note each time the student was denied access to her AAC device or software, and how that impacts her ability to participate or communicate. Stick to facts and professional language.

2. Focus on the IEP, not the software brand. The IEP says the student requires a speech generating device (SGD). The brand or software (TD Snap, Proloquo, etc.) is secondary. What matters is that she has functional access to AAC. If the district has discontinued TD Snap but hasn’t provided a replacement, that’s a denial of FAPE.

3. Request an IEP meeting. Ask the parent (in writing) to request an IEP meeting to address the lack of access to her required AAC. The parent can say something like:

“My child’s IEP states she requires a speech generating device. The district has discontinued TD Snap, and no replacement has been provided. I am requesting an IEP meeting to discuss how the team will ensure she continues to have access to appropriate AAC.”

If the parent isn’t sure how to do this, you can encourage them to send that statement to the ESE Director or Principal.

4. Parents can also file a state complaint. If the district continues to delay, parents can file a complaint with the Florida Department of Education, Bureau of Exceptional Education and Student Services (BEESS). They can note that the district is failing to implement the IEP as written. These complaints can be filed online or by mail, and they don’t need an atty to do it.

5. Protect yourself professionally. You’re right to be cautious in an at-will state. Keep your advocacy focused on the student’s legal rights and your duty to implement the IEP as written. Avoid language that implies blame or accusation. Phrases like “I’m seeking clarification on how to implement this student’s IEP” or “I want to ensure we remain compliant” keep it professional and safe.

6. Optional workaround: If the parent can independently obtain a device (through Medicaid, private insurance, or a nonprofit like the Communication Technology Education Center (CTEC) or Team Gleason Foundation to name a few), you can help the team integrate it into the IEP even temporarily.

 

More info:

 

https://adayinourshoes.com/aac-devices-for-autism-and-communication/

 

https://adayinourshoes.com/assistive-technology/

 

https://adayinourshoes.com/ask-advocate-iep-team-members-need-training-device/

[JSD24]

If the IEP says AAC, the school needs to provide it.  Out of compliance with the IEP is something worthy of doing a state complaint about.  If enough students are involved, I could see a class action suit via a disability rights group.

I see this as a whistleblower complaint if a teacher would file the complaint.  With whistleblower, your employment would be protected but I can see it being awkward to work for someone where you filed a complaint like this.

And like Lisa posted:  document - and include dates when things were discovered.  It might be good to inquire to your superior (in writing so you have a paper trail) about not having AAC that's written in the IEP & being out of compliance.  You might want to say 'I don't want to get into trouble since I cannot implement the IEP given we don't have AAC software' as a way to CYA.  I know in my district, the special ed lawyer meets with special ed administration on Mondays & they'd be asking their lawyer how the school should CYA since they don't want a lawsuit.

Not sure how everyone in your county all get the same AAC software.  This doesn't sound individualized.

Also, there are free versions of AAC out there.  (See:  https://aaccommunity.net/2021/10/free-aac-apps-for-slps/)  My daughter was working with someone who was non-speaking & used AAC.  She was able to download something for free onto her phone.  Also, I've seen school not have an SLP & not tell parents.  That seems to be what they do:  Be out of compliance and not say anything.  (They did eventually get an SLP & made up for the missed sessions - sort of.)