Introduction: The primary purpose of the Individuals with Disabilities Education Act (IDEA) is to ensure free appropriate public education for individuals with disabilities in the least restrictive environment. The statute also mandates student's access and services for students' access to devices and technology as part of the individual education program. Along with the advancement of technology in the past few decades, the use of high-tech devices has gained attention from educators. However, the statute only ensures the use of these technology devices for students with special needs as assistive technology. Methods: A discussion of the history and current regulations related to special education was provided focusing on the IDEA and the Assistive Technology Act of 1988 as amended. Additionally, articles related recent movement in education to support evidence-based practices were reviewed. In particular, the author evaluated No Child Left Behind (NCLB), Every Student Succeed Act (ESSA), the establishment of What Works Clearinghouse (WWC), and the increasing use of technology. Conclusion: The Universal Design for Learning (UDL) takes a completely different stance in the use of technology. This model places an emphasis on educators being proactive and flexible in order to teach students with diverse needs. The author contends that technology should be incorporated throughout the classroom regardless of pre-existing assumption of educational services, thereby assuring that all students can be instructed with necessary accommodations. The author argues the immediate needs of policy and system changes to improve overall education services for all.