New Bills Seek to Close Learning Gaps for Students Using AAC Devices

When Toby and Lindsay Latham sent their son Calvin to school in Fairfax County, they hoped it would be a place where he could grow and thrive. Instead, they discovered he wasn’t learning at all.

“It was terrible,” Toby Latham said.

Calvin, who uses an augmentative and alternative communication (AAC) device due to a brain malformation, wasn’t getting the support he needed. After reviewing data from the device, the Lathams found that teachers and specialists were missing key opportunities to model language — moments to describe and reinforce communication using symbols and words during activities lunchtime, music class, and recess.

A photo taken of Calvin Latham and his teacher, Laura Summitt. (Courtesy of Toby Latham)

“He’s got all this knowledge in his head, and then he’s being denied the opportunity to show what he knows,” Toby said.

Frustrated by years of unmet needs for students with communication disabilities across the commonwealth, the Lathams decided to take action. Their advocacy led them to Del. Kathy Tran, D-Fairfax, who introduced House Bill 2214 earlier this month to ensure educators receive proper training on AAC for students with communication disabilities.

The bill, which has already cleared two committee reviews, will soon be heard by the full House of Delegates. A companion measure, Senate Bill 1034, sponsored by Sen. Stella Pekaraky, D-Fairfax, has also advanced to the full Senate.

If passed, the legislation would require school divisions to document whether a student with a disability needs an AAC device on their Individualized Education Program (IEP). It would also mandate training for teachers and staff on using these devices effectively, addressing gaps in communication support for students like Calvin.

Federal law already requires that Virginia provide students with disabilities a “free and appropriate public education” through personalized IEPs. Advocates argue this legislation is a critical step to ensure that right is fully realized.

School divisions would be required to provide training on AAV devices at the start of the school year or as soon as possible under the new legislation.

AAC devices, which include tools like gestures, facial expressions, writing and speech-generating devices often used on tablets or laptops, help individuals with communication disabilities to express themselves

One prominent figure who relied on an AAC device was former U.S. Rep. Jennifer Wexton. Before serving in Congress, Wexton represented her district in the General Assembly. She used her device to communicate and service to her constituents until her recent retirement after being diagnosed with a severe neurological disorder.

Tran emphasized the importance of training during a recent subcommittee hearing, noting that around 1% of Virginia students have speech-related disabilities. “It’s really important that our teachers and staff are able to fully engage and communicate with these students in the classroom,” Tran said.

Tran initially proposed a broader bill but narrowed its scope to focus specifically on training after receiving feedback. She highlighted how delays in training can cause students to fall behind academically, placing an unfair burden on both students and teachers.

“It’s really difficult for these students to be able to overcome that learning loss,” Tran said. “Sometimes it’s taken months for teachers to be trained on a student’s AAC, and so we want to make sure that we’re shifting that training earlier. It’s also not fair to our teachers, and so this helps give them the tools that they would need to best be able to engage their students right off the bat.”

The bill sailed through last week’s House Education subcommittee with overwhelming support and no opposition. Backed by groups like the Virginia Autism Project, Arc of Virginia, and the Virginia Council of Administrators of Special Education, the legislation highlights the need for timely training to support students with communication disabilities.

“We view it not only as a tool to help ensure equitable access for students with disabilities in the classroom, but also as an important tool for teachers who want to make sure that they’re best serving their students,” said Ashley Wright, spokeswoman for the Arc of Virginia, which advocates for people with intellectual and developmental disabilities.

John Cimino, an attorney for the disAbility Law Center Virginia, emphasized the importance of AAC devices for fostering inclusion. “Students who rely on AAC modalities can be isolated even in a room full of people, and it is important that they’re able to communicate with their teachers and be full fledged members of the community,” Cimino said.

The bill, which passed the House Education Committee with amendments, now heads to the full House. Amendments were made to ensure students could access the full range of services without unintentionally altering curriculum content under the category of “adapting curricula.”

For parents like Toby Latham, the issue often comes down to awareness rather than bad intentions.

“We haven’t run into a teacher, staff member, [or] administrator yet who isn’t failing to provide training in a timely manner because of ill will. ‘It’s just, you don’t know what you don’t know,” Latham said. “It’s not school districts being nefarious or anything like that. It’s just you don’t know that something needs to be fixed unless you know what the issue is.”

by Nathaniel Cline, Virginia Mercury

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