What Federal Policies Say About MTSS
Two laws—the Every Student Succeeds Act (ESSA) and the Individuals with Disabilities Education Act (IDEA)—address MTSS. Learn about
- what these federal policies say about MTSS and
- the implications of these policies on SLPs and their work.
Every Student Succeeds Act (ESSA)
ESSA is a federal policy governing general education.
Key Areas Related to MTSS
- Defines MTSS as “a comprehensive continuum of evidence-based, systematic practices to support a rapid response to students’ needs, with regular observation to facilitate data-based instructional decision making” [Sec. 8002 [20 U.S.C. 780]; (33)].
- Supports “the provision of services to students who are not currently identified as needing special education but who need additional academic and behavioral support to succeed in a general education environment” [Sec. 2103 [20 U.S.C. 6312]; (b)(3)(F)].
Implications for SLPs
- ESSA supports the MTSS framework as a data-driven, flexible way of quickly addressing student needs that can be met without an individualized education program (IEP).
- In funding sources, flexibility exists when it comes to supporting students who are considered “at risk.” This funding can go toward supporting SLPs’ involvement in MTSS frameworks.
- It is justifiable for SLPs to provide services outside of special education through an MTSS framework (Sylvan, 2026).
- SLPs can consult ASHA’s resource, Every Student Succeeds Act: Key Issues for ASHA Members [PDF] — a comprehensive summary and analysis of key topics important to SLPs.
Individuals With Disabilities Education Act (IDEA)
IDEA is a federal policy governing special education.
Key Areas Related to MTSS
- Students without disabilities may also benefit from SLPs in the classroom as an “incidental benefit” [IDEA 2004, 34 C.F.R 300 (208) (a)].
- A local education agency (LEA), under IDEA Part B, may use funds for “services and aids that also benefit non-disabled children” [IDEA 2004, 34 C.F.R. 1413 (a)].
- IDEA allows LEAs to allocate up to 15% of their IDEA Part B funds “for students . . . who are not currently identified as needing special education or related services, but who need additional academic and behavioral support to succeed in a general education environment” [IDEA 2004, 34 C.F.R. 300 (226)].
- IDEA allows data regarding how students respond to research-based intervention to be used in the eligibility determination process [IDEA 2004, 34 C.F.R. 300.309 (a)(2)(i)].
Funding for MTSS Implementation
MTSS frameworks are funded by multiple sources—including
- IDEA Part B,
- Elementary and Secondary Education Act (ESEA) Title I-=III funds, and
- state and technical assistance grants.
Read more about MTSS-related funding in MTSS: Understanding Professional Roles and Funding Mechanisms for Obtaining Grants and Local Money [PDF].
