The Two Findings for Special Education Eligibility

Special education eligibility rests on two findings made together under the Individuals with Disabilities Education Act. A child must have one of the disabilities the law lists, such as a speech or language impairment, and must need special education because of it. Both have to be found, so a diagnosis on its own does not settle the question.

What you’ll learn

• The two findings a school has to make, in plain words
• When speech therapy alone can be enough, depending on your state
• Who makes the decision, and what it has to draw on
• What to do when you are told your child may not qualify

What Are the Two Prongs of Special Education Eligibility?

Under Part B of the Individuals with Disabilities Education Act (IDEA), the federal regulations define a child with a disability through two findings. The child has one of the disabilities the regulations list, and, because of that disability, the child needs special education and related services. Each finding is one prong, and neither alone makes a child eligible.

For a child whose difficulties lie in speech and language development, one category to know is speech or language impairment. It sits on the list alongside hearing impairment, autism, intellectual disability and specific learning disability. Under the regulations, it means a communication disorder, for example stuttering, impaired articulation or a language or voice impairment, that adversely affects the child’s educational performance, so even the first prong looks at the child’s education.

The American Speech-Language-Hearing Association (ASHA) breaks the school team’s decision into three questions, asked in order. Is there a disability? If so, does it adversely affect educational performance? And if it does, does the student need specially designed instruction or related services to make progress in the general curriculum? ASHA adds that educational performance is broader than academic performance, so a student with a disability cannot be denied services just because there are no accompanying academic problems.

Can Speech Therapy Alone Count as Special Education?

In the regulations, special education means specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability. It can happen in the classroom, at home or in other settings. Speech-language pathology counts as a related service. A child with one of the listed disabilities who needs only a related service, and not special education, does not meet the federal definition of a child with a disability.

The exception is a state whose standards count speech-language pathology as special education. There, a child who needs only speech therapy can qualify. The same speech needs can therefore lead to different answers in different states, so it is worth asking how your state classifies speech-language services.

States may also use a developmental delay category for children aged three through nine, or a narrower range such as three through five. The category covers a child with delays, as the state defines them, in areas that include communication development. The second prong still applies, since the child must need special education and related services as a result of those delays. Where school services are not an option, other routes are set out in free speech therapy for children.

Who Makes the Eligibility Decision?

Eligibility is decided by a group of qualified professionals and the child’s parent. The Center for Parent Information and Resources (CPIR) says plainly that parents are part of the group that determines eligibility. ASHA describes the decision as made by the school-based Individualized Education Program team, or IEP team, once a full evaluation is complete. The school must also give you a copy of the evaluation report and the written eligibility decision at no cost.

No single measure can be the only basis for deciding whether a child has a disability, or what the child’s educational program should be. The evaluation must use a variety of tools and strategies, including information you provide, and CPIR calls an eligibility decision based on only one procedure inappropriate and unacceptable.

The group must draw on a variety of sources, which the regulation names as including parent input and teacher recommendations as well as aptitude and achievement tests. Your child must be evaluated in every area related to the suspected disability, which can include hearing and communication. Limited English proficiency, or a lack of appropriate instruction in reading or math, cannot be the deciding factor in finding that a child has a disability when the child does not otherwise meet the criteria.

Eligibility for early intervention before age three does not carry over to school automatically, because the school team makes its own decision. If your child is still under three, getting a speech evaluation describes how the early intervention route works.

What a Diagnosis or Private Evaluation Adds

Having a condition is not, on its own, what makes a child eligible for special education. CPIR notes that whether the condition adversely affects educational performance counts, along with the child’s evaluation results and state policies, not solely the existence of the disability or condition.

If you share a private evaluation with the school, its results must be considered in any decision about your child’s education, provided it meets the school’s criteria. The school does not have to accept a private report’s findings or diagnosis, but it does have to take them into account.

From clinical practice

A diagnosis does not settle eligibility by itself, though it is easy to expect that it will. The law asks two separate questions. Does the child have a listed disability? And does the child need special education because of it?

Knowing both questions lets a parent follow the discussion and ask which information answers each one.

If the School Says Your Child Does Not Qualify

Being told a child may not qualify does not stop a parent from asking for an evaluation, because a parent has the same right as the school to request an initial evaluation. Agreeing to that evaluation does not mean agreeing to services. Before a school refuses to start or change a child’s identification or evaluation, it has to give the parent written notice a reasonable time in advance.

Disagreeing with the school’s evaluation gives you the right to ask for an independent educational evaluation, known as an IEE, done at public expense by a qualified examiner from outside the school. The school may ask why you object, but cannot require an explanation or unreasonably delay. It must either arrange the IEE at public expense or file a due process complaint asking for a hearing to show its own evaluation was appropriate.

If a hearing finds the school’s evaluation appropriate, you can still have an IEE done, but not at public expense. Other routes are mediation, a complaint to the state, or a due process complaint that can end in a hearing. Mediation happens only if both sides agree, the cost falls to the state, and using it cannot put off a hearing you have asked for. Speech therapy rights under federal law sets out each route in more detail.

Section 504, a Separate Federal Law

Section 504 is a separate federal law that bars any organization receiving federal financial assistance from discriminating against people with disabilities. It covers a person with a physical or mental impairment that substantially limits a major life activity.

The U.S. Department of Education’s Office for Civil Rights says a student who does not need special education can still be eligible for related aids and services under Section 504. Every student eligible under IDEA is also protected by it. Nothing in Section 504, the Office adds, requires a medical diagnosis before a school decides a student has a disability.

Common Questions From Parents

Does a Diagnosis Mean My Child Qualifies for Special Education?

Not on its own. Eligibility needs two findings, a disability on the federal list and a need for special education because of it. CPIR points to the effect on education, the evaluation results and state policy as what counts, rather than the condition alone.

Is Speech or Language Impairment One of the Categories?

Yes, it is on the federal list. The regulations describe a communication disorder, including stuttering and difficulties with articulation, language or voice, that adversely affects educational performance. ASHA notes that educational performance covers more than academic results.

Can My Child Get Speech Therapy at School Without Other Special Education?

The answer depends on your state. A child who needs only a related service does not meet the federal definition. In states that count speech-language pathology as special education, though, speech therapy alone can qualify a child.

Who Decides Whether My Child Is Eligible?

A group of qualified professionals together with you. Federal rules place the parent in the group that decides, and ASHA describes the decision as the school IEP team’s once a full evaluation is done. You also receive the evaluation report and the eligibility paperwork free of charge.

Can One Test Decide Eligibility?

No. The regulations forbid using any single measure as the sole criterion for deciding that a child has a disability. The group has to look at many sources, including what parents and teachers report, and the child must be evaluated in all areas tied to the suspected disability.

What If I Disagree With the Eligibility Decision?

If it is the school’s evaluation you disagree with, you can request an IEE at public expense. You do not have to explain why, though the school may ask. You can also use mediation, file a state complaint or file a due process complaint.

Reviewed by Monica d’Errico-Franklin, M.S., CCC-SLP

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