Why Some Kids Don't Qualify for School Speech Services

It can be confusing and discouraging to hear that your child "doesn't qualify" for speech services at school, especially when you can see them working hard to be understood or to find their words. A decision like that usually isn't a statement that your child is fine or that your concerns aren't real. It reflects how special education eligibility is defined. Here's how that definition works and what options families have.

This article is general information, not legal advice. Your school team can explain how the rules apply to your child.

How does a child qualify for speech therapy at school?

School-based special education is governed by the federal Individuals with Disabilities Education Act (IDEA). Under IDEA, a "child with a disability" is a child who has been evaluated as having one of the listed disabilities, which include a speech or language impairment, "and who, by reason thereof, needs special education and related services."^[1]

That definition has two parts, and both have to be true:

1. The child has a qualifying disability. IDEA defines a speech or language impairment as "a communication disorder, such as stuttering, impaired articulation, a language impairment, or a voice impairment, that adversely affects a child's educational performance."^[1]
2. Because of that disability, the child needs special education and related services.^[1]

ASHA frames the school team's decision as three questions: Is there a disability? If so, is there an adverse effect on educational performance resulting from it? And if so, are specially designed instruction and/or related services needed to help the student make progress in the general education curriculum?^[3] The decision is made by a group of qualified professionals together with the parent, using information from a variety of sources, including tests, parent input, and teacher recommendations.^[2]

What does "adversely affects educational performance" mean?

This phrase causes a lot of confusion, because many parents assume it means "failing classes." ASHA explains that in U.S. Department of Education letters on this topic, "educational performance is not limited to academic performance," and that "a student with a disability cannot be denied service even if there are no concomitant academic problems."^[3] ASHA adds that the adverse effect must be considered on a case-by-case basis.^[3]

ASHA's school FAQ also notes that when communication skills are a required part of a school's academic standards and curriculum, a speech or language impairment is considered a disorder that adversely affects educational performance.^[4]

Why might a child with real needs not qualify?

There are several reasons a thoughtful school team can reach a "not eligible" decision even when a child has genuine difficulties.

States and districts set specific criteria

ASHA doesn't recommend specific eligibility criteria for schools. As it puts it, "Federal, state, and/or local guidelines determine criteria."^[4] School SLPs must follow state and local requirements in addition to federal IDEA guidelines.^[3] In Arizona, for example, state law defines speech/language impairment for a preschool child using a norm-referenced language test score at least 1.5 standard deviations below the mean for the child's age, or speech that is unintelligible out of context to an unfamiliar listener. For children who have reached kindergarten age, Arizona uses the federal IDEA definition.^[5] A child whose difficulties are real but milder than a state's threshold may not meet the criteria.

The team may find the child doesn't need specially designed instruction

Having a speech or language disorder answers only the first question. If the team concludes the child is making progress without specially designed instruction, the second part of the definition isn't met.^{[1, 3]}

Some needs are addressed under other rules

IDEA says that if a child has a qualifying disability but "only needs a related service and not special education," the child is not a child with a disability under IDEA, unless that service counts as special education under state standards.^[1] IDEA also says a child must not be found eligible if the determinant factor is a lack of appropriate instruction in reading or math, or limited English proficiency, and the child doesn't otherwise meet the criteria.^[2]

What about a 504 plan?

Section 504 of the Rehabilitation Act is a separate federal civil rights law. The U.S. Department of Education's Office for Civil Rights explains that a student who has a disability referenced in IDEA but doesn't require special education "may be eligible for services under Section 504." The school must determine whether the student has an impairment that substantially limits learning or another major life activity, and if so, decide what the student needs; for example, adjustments in the regular classroom.^[6] If your child doesn't qualify under IDEA, it's reasonable to ask the school whether a Section 504 evaluation makes sense.

What can parents do next?

• Read the evaluation report. The school provides a copy of the evaluation report and eligibility documentation at no cost to parents.^[2] It's fine to ask the team to walk you through which criteria were and weren't met.
• Share outside information. If you share an evaluation obtained at private expense, the school must consider it, if it meets agency criteria, in decisions about your child's education.^[8]
• Ask about an independent educational evaluation. Parents have the right to an independent educational evaluation at public expense if they disagree with the school's evaluation, subject to conditions in the regulations.^[8]
• Keep the door open. Parents can request an evaluation to determine whether a child is a child with a disability.^[7] If your concerns grow over time, you can raise them with the school again.
• Consider private support. Private speech therapy doesn't depend on meeting school eligibility criteria. Our page on what to do when your child didn't qualify covers this, and private vs. school evaluations explains how the two differ.

If you'd like a clinical picture of your child's communication, our evaluations page describes what a private speech-language evaluation involves.

The bottom line

School eligibility is a specific legal decision: a qualifying disability, plus a need for special education because of it, judged against federal, state, and local criteria. A child can have real communication needs and still not meet that standard. Knowing how the decision was made, what your rights are, and what other paths exist can help you choose calm, practical next steps with your child's school and, if you choose, with a private speech-language pathologist (SLP).

Speech Me Therapy

Pediatric Speech-Language Therapy · Phoenix, AZ

Articles from Speech Me Therapy, a pediatric speech-language therapy practice in North Phoenix serving Scottsdale, Paradise Valley, and families across Arizona by telehealth. Our posts summarize published guidance from professional and public health organizations; sources are listed at the end of every article.