Eligibility for School-Based Speech-Language Services in Schools

Overview

A student's eligibility for speech-language services in schools is determined by the school- based IEP team following the completion of a comprehensive evaluation. The team considers three questions in the eligibility process:

Is there a disability?
If so, is there an adverse effect on educational performance resulting from the disability?
If so, are specially designed instruction and/or related services and supports needed to help the student make progress in the general education curriculum?

Key Issues

Assessment and Evaluation

The Individuals with Disabilities Education Act (IDEA, 2004) offers procedures for the evaluation of students that includes but is not limited to:

use of a variety of technically sound assessment tools and strategies
assessments that are not culturally or racially discriminatory and provided in the child's native language
assessments are administered by qualified personnel

See additional IDEA requirements for evaluation and and reevaluations.

In addition to adhering to federal IDEA guidelines, SLPs must follow state and local requirements for the assessments of students. Read more about Assessment and Evaluation of Speech-Language Disorders in Schools.

"Adversely Affects Educational Performance"

This chronology includes letters from the U.S. Department of Education that serve to clarify and interpret the phrase "adversely affects educational performance" as it applies to students with speech-language disorders. It is emphasized in each letter that educational performance is not limited to academic performance. A student with a disability cannot be denied service even if there are no concomitant academic problems. The adverse effect of a speech-language disorder must be considered on a case-by-case basis to meet the individual needs of each student. Also, each state must ensure that a free and appropriate public education (FAPE) is available to any student with a disability even though they are advancing from grade to grade.

2023
November 17, 2023: Valerie Williams, Director, Office of Special Education Programs shared this response [PDF] to ASHA's request to clarify that the interpretation of the phrase "adverse[ly] affect [s] educational performance remains current.

2007
March 8, 2007: Letter to Catherine Clarke [PDF] from U.S. Department of Education, Office of Special Education and Rehabilitative Services, clarifying "adverse affect on educational performance." The letter reiterates the position from the 1980 letter (below) that "educational performance" is not limited to academic performance.

2002
July 2002: "Adversely Affects Educational Performance" Policy 1980–2002; Nothing Has Changed, SIG 16 Perspectives on School-Based Issues, Vol. 3, 3–7.

1980
May 30, 1980: Letter to Stan Dublinske [PDF] from the Department of Health, Education, and Welfare (Office of Education, Washington, D.C). This letter interprets the term "adversely affects educational performance" as it relates to students with speech language disorders.

Cognitive Referencing

Cognitive Referencing is the practice of comparing IQ scores and language scores as a factor for determining eligibility for speech-language intervention. It is based on the assumption that language functioning cannot surpass cognitive levels. However, according to research, some language abilities may in fact surpass cognitive levels. Therefore, ASHA does not support the use of cognitive referencing.

Significant Disproportionality

Significant disproportionality describes the trend of overrepresentation of a specific racial/ethnic group in special education and related services. The three main factors that relate to significant disproportionality are eligibility(or identification for special education), educational placements and disciplinary action. Speech-language pathologists (SLPs), can play a role in addressing significant disproportionality in their assessment practices.

State Speech-Language Eligibility Guidelines*

This interactive map provides links to state speech-language eligibility and dismissal guidelines. It categorizes states into three groups: those with both eligibility and dismissal guidelines, those with eligibility guidelines only, and those without guidelines. States lacking guidelines may offer them at the local or district level.

*The information reported here is gathered from licensure boards, state boards of education, regulatory agencies, state associations, State Education Agencies Communication Disabilities Council (SEACDC) members, or ASHA State Education Advocacy Leaders (SEALs). It is intended for informational use and should not be construed as legal advice. The ASHA School Services Team makes every effort to keep this information current, but if you notice an error regarding your state's information, please contact schools@asha.org.