Student Advocacy Day

Sample Talking Points on Speech-Language Pathology Service Limits in Rhode Island

Legal Framework

• IDEA has two main purposes: 1) "to ensure that all children with disabilities have available to them a free appropriate public education [FAPE] that emphasizes special education, employment, and independent living" and 2) "that the rights of children with disabilities and parents of such children are protected." 20 U.S.C. 1400 § 601(d)(1) 
• States are required to comply with IDEA's minimum requirements 
• There are no age limits for related or special education services in IDEA
• IDEA is not intended to discriminate against certain classes of disabilities and the language does not differentiate between different disabilities
• Arbitrary age limits on services are not consistent with the purposes or intent of IDEA and will negatively impact children's social and academic outcomes and increase litigation
• Most states define SLP services as both related and special education services
• Allowing this Rhode Island regulation to stand sets a dangerous precedent that other states may adopt and will erode the protections afforded in IDEA

 Who Is Impacted 

• Students
  • The number of students in Rhode Island with a speech-only disability ____
  • Describe the short and long term impact of eliminating services
• Parents
  • Process of discontinuing services is unclear, but has the potential of reducing or eliminating parents rights under IDEA 
  • Child with speech-only disability may no longer be regarded as having a disability
• School districts
  • Children may have more severe speech problems later in life which requires more costly treatment
  • Reduction in Medicaid reimbursement and other revenue
  • Potential increase in cost due to an increase in the number of requests for due process

Alternatives to Limiting Services Without Violating Free Appropriate Public Education (FAPE)

• Revise entry/exit criteria and reporting procedures
• Focus on early intervention and expanded use of Response to Intervention to reduce the number of students identified as needing special education services
• Review frequency of services
• Create a task force to examine these issues
• Additional training for SLPs
• Review Medicaid funding procedures to ensure district is billing for all qualifying services for all eligible students