This paper discusses the ethical challenges presented by artificial intelligence (AI) within the instructional process for students with disabilities. The authors briefly overview technological changes in education and applications of AI in education in addition to policy. Discussion is directed toward the development of an ethical pedagogy using ethical assessments expressive of the values of inclusion, toward the instructional design process, and application of these ideas toward the Universal Design for Learning (UDL) instructional planning process. In so doing, guiding questions are offered for special education leaders, educators, and other stakeholders for facilitating ethical treatment within instructional design when integrating AI tools into the learning process.