Information Update Bulletin 24.02

The purpose of this bulletin is to provide guidance to local education agencies (LEAs) and individualized education program (IEP) teams when determining appropriate speech and language special education and related services to students with disabilities. This bulletin will focus primarily on speech and language as a related service. It is meant to guide IEP teams in consideration of speech-language as a related service for students with communication needs.

 

The Individuals with Disabilities Education Act (IDEA) requires special education evaluation procedures to assess all areas related to the suspected disability, including, if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities § 300.304(c)(4). In evaluating each child with a disability under §§300.304 through 300.306, the evaluation is sufficiently comprehensive to identify all of the child’s special education and related services needs, whether or not commonly linked to the disability category in which the child has been classified §300.304 (c)(6).

Information from the evaluation about the effects of the student's disability and resulting disability-related needs related to access, engagement, and progress in age or grade-level general education curriculum is used to develop the IEP. Each student's IEP is developed to address the effects of the student's disability and disability-related needs, irrespective of the disability category(s) in which the student has been classified Information Update Bulletin 21.01 | Wisconsin Department of Public Instruction (Q&A #61). Each student’s disability-related needs must be addressed by IEP goals and services.

 

There are multiple ways to address an individual student’s disability-related needs and provide special education services aligned to make progress on a students’ IEP goals. The IEP team determines what type of services are required to address each unique disability-related need and make progress toward IEP goals. The four types of special education services that must be considered are: supplementary aids and services, specially designed instruction, related services, and program modifications or support for school personnel. In Wisconsin, services from a speech-language pathologist can be any of these four services. (GUIDE TO SPECIAL EDUCATION FORMS | Wisconsin Department of Public Instruction p. 144)

 

Supplementary aids and services are aids, services, and other supports provided in general education classes or other education-related settings to enable a student with a disability to be educated with nondisabled students to the maximum extent appropriate. (34 C.F.R § 300.42 and Wis. Stat. § 115.76 [16]).

 

Special education means specially-designed instruction provided, at no cost to the parents, to meet the unique needs of a child with a disability (the child meets criteria for an impairment and needs special education) § 300.39. In Wisconsin, specially designed instruction for disability-related needs in communication can be provided by a speech-language pathologist if a student has met any of the disability category criteria outlined in PI 11.36 and found to require specially designed instruction. When a disability category other than a speech or language impairment has been identified, speech-language services may be considered as a related service, or the team may consider speech or language impairment in addition to the other disability category identified. Speech or Language Impairment Criteria Question and Answer Document (Q&A #42).

 

IDEA defines related services as transportation and such developmental, corrective, and other supportive services required to assist a student with a disability to benefit from special education. (34 C.F.R § 300.34 and Wis. Stat. § 115.76 [14]) and includes speech-language pathology. When a student has been identified with any disability category other than speech or language impairment and has disability-related needs in communication impacting their ability to make progress on their special education goal(s) they may require related services from a speech-language pathologist.

Related service decisions are based on whether the IEP team feels the related service is required for the student to benefit from special education and are not based on disability category criteria or other checklists.

Program Modifications or Supports for School Personnel

Program modifications or support for school personnel are services or activities needed by school personnel to meet the needs of the student. (34 C.F.R § 300.320[a][4] and Wis. Stat. § 115.787[2][c]).

 

 

1. How does the IEP team determine whether a speech-language pathologist is needed to meet a student’s unique disability-related needs in the area of communication?
 

When determining related services from a speech-language pathologist, the IEP team should first consider whether disability-related needs in the area of communication can be met in the general education curriculum through supplementary aids and services. For disability-related needs that require related services or specially designed instruction, in addition to or beyond supplementary aids and services, the IEP team should consider if the related services or specially designed instruction require the unique services of a speech-language pathologist. In addition, the IEP team may consider if program modifications and support for school personnel, e.g., consultation or training, are required in addition to or instead of other special education services.

 

Guiding questions an IEP team may ask when determining the need for related services or specially designed instruction provided by a speech-language pathologist include:

 

a. What are the specific disability-related needs in communication that will impact the student’s ability to make progress on their special education goal(s)?

b. Can the student’s disability-related needs in communication be met through supplementary aids and services (e.g., classroom accommodations), regular education or special education teachers, or other related services providers?

c. Are there any program modifications or support for school personnel such as task modification, school personnel coaching or training from a related service provider that will help meet the student's disability-related needs?

d. Based on the three questions above, does the student require services that can only be provided by a licensed speech-language pathologist?

 

When discussing whether the unique skill set of a speech-language pathologist is needed, note the following areas of specialized training and consider whether speech-language is the related service needed to support the student:

● Language

● Speech Sound Production

● Voice

● Fluency

● Augmentative and Alternative Communication (AAC)

● Social Communication

● Language Components of Literacy

● Feeding and Swallowing

Decisions regarding special education services must be made on an individual basis by the IEP team through the IEP process. Although IDEA defines speech-language services, the specific scope of practice or services that a speech-language pathologist provides are not defined.

 

2. What options do IEP teams have when determining if the services from a speech-language pathologist should be documented as specially designed instruction or as a related service?
 

In general, IEP teams have great flexibility to determine which IEP service (i.e., specially designed instruction or a related service) is most appropriate to address a student’s unique disability-related needs. IEP teams should remember the following key points:

a. at least one IEP service must include specially designed instruction,

b. it is an IEP team decision to determine if specially designed instruction or related service best addresses a student’s unique disability-related needs and IEP goals, and

c. disability-related needs, IEP goals, and special education services are not dependent on the student’s disability label.

Special Education Evaluation and Reevaluation Questions

 

3. Does the speech-language pathologist need to assess the student, as part of a comprehensive special education evaluation, before a student can receive services from a speech-language pathologist?
 

A speech-language pathologist is needed as part of the comprehensive special education evaluation when additional assessments regarding speech and language concerns are necessary PI 11.36(5)(e). IDEA requires IEP teams to include special education evaluation procedures to assess all areas related to the suspected disability, including, if appropriate, communicative status 34 CFR § 300.304(c)(4). The IEP team determines what additional assessment data and other information is needed during the review of existing information. A variety of assessment tools and strategies should be utilized to gather relevant functional, developmental and academic information.

Decisions about IEP services are made during Step 4 of the College and Career Ready (CCR) IEP process.

 

4. Is the IEP team required to use the speech or language impairment disability category criteria form to add services from a speech-language pathologist?
 

The determination as to whether a student is a student with a disability is two-part: 1) Does the student meet the criteria for one or more of the disability categories? 2) As a result of the disability, does the student need specially designed instruction? When Speech or Language Impairment (SLI) is determined as the reporting or other disability category, IEP teams must include the criteria form. For students who meet criteria for disability category areas other than speech or language impairment, IEP teams are not required to go through the criteria for speech or language impairment and may consider speech-language as any special education service in the program summary of the IEP if communication needs are identified that require the unique services of a speech-language pathologist.

 

5. How does the IEP team document that speech or language impairment was considered but rejected if the speech or language impairment criteria form was not completed?
 

It is not a requirement to complete additional disability category criteria forms as part of the review of suspected disability categories. However, if disability categories were considered and rejected, the IEP team must document how the student did not meet the criteria (section IV of the ER-1) or attach the criteria form for the disability category if used GUIDE TO SPECIAL EDUCATION FORMS | Wisconsin Department of Public Instruction.

 

 

This is an IEP team decision. Students qualify for any and all needed special education services by meeting criteria for any disability category. The disability category criteria is intended only to identify whether the child has one or more of the disability categories recognized in Wisconsin state administrative rule. Disability category criteria were not developed to determine the special education or related services a child should receive. IDEA states that services and placement for a child with a disability must be based on the child’s unique needs and not solely on the child’s category of disability.

 

 

No. It is not a requirement that the IEP team go through the speech or language impairment disability criteria and find that the student did not meet criteria for speech or language impairment before being considered for speech-language as a related service. A student with a disability does not need to meet the eligibility criteria for a speech and language impairment to receive speech and language services if the IEP team determines those services are necessary for the child to benefit from special education.

 

 

Related services are not documented in the evaluation report. Disability-related needs are determined through the evaluation process. During IEP development, disability-related needs are discussed, goals are developed and then services are aligned to address the disability-related needs of the student. Decisions about related services are made during Step 4 of the College and Career Ready (CCR) IEP process.

 

 

In Wisconsin, services from a speech-language pathologist can be either specially designed instruction or related service. IEP teams determine how speech and language services will be aligned with each student’s unique disability-related needs and IEP goals.

 

 

Yes. A student is required to meet initial criteria for any other disability category when the student no longer meets criteria for significant developmental delay. This is true even if the student met initial criteria at the time of the initial evaluation.

 

 

A reevaluation is generally not required before adding new special education services or supports when revising a student's IEP. However, if occupational therapy or physical therapy are being considered, then a reevaluation must be conducted. These services may only be added as a related service through the evaluation process. A reevaluation may be warranted if the student is not making sufficient progress towards the student's IEP goals and age or grade-level academic achievement or functional performance standards and expectations. In addition, a student's disability-related needs may change over time. In many cases, changing disability-related needs can be addressed as part of an interim or annual IEP goal review and revision process. However, a reevaluation should be conducted if additional information is warranted to identify new or changing students' disability-related needs or make decisions about IEP goals and special education or related services. Whenever a reevaluation is conducted, the IEP team should conduct a comprehensive special education reevaluation and consider all of the student's disability-related needs Information Update Bulletin 21.01 | Wisconsin Department of Public Instruction (Q&A #69).

 

The decision to conduct a reevaluation is made on a case-by-case determination by the IEP team. If considering the disability category of speech or language impairment, a speech-language pathologist must be an IEP team participant. If the team decides that further testing is not necessary, the team can add the services of a speech-language pathologist without initiating a reevaluation. If the team decides that additional testing is needed to determine disability-related needs in the area of communication, the team must conduct a reevaluation. In this case, notice of reevaluation is required and parental consent requirements must be satisfied.

 

12. If a student has been previously identified with a different reporting (primary) disability and speech or language impairment as an “other” (secondary) disability, does there need to be a reevaluation to remove the category or can the IEP team change it at the annual meeting?
 

If considering removal of the disability category, the IEP team needs to conduct a reevaluation.

Special Education Services from a Speech-Language Pathologist in the IEP

 

 

No, many communication needs can be addressed in other ways. While speech-language pathologists have specialized skills and can provide services to improve communication, it is possible that a child's communication needs may be met through supplementary aids and supports (e.g., accommodations in the classroom), by the regular education teacher or through specially designed instruction or related services from other special education or related service providers.

 

For example, social communication is the ability to communicate effectively in a variety of social contexts. Social skills specially designed instruction provided by a special education teacher often addresses those needs. The IEP team may decide, therefore, that a particular student's social communication needs could be met through the teacher providing social skills specially designed instruction rather than through the speech-language pathologist.

 

 

No. The services provided by a speech and language pathologist are generally the same whether they are described as specially designed instruction or as a related service. When a child is eligible to receive special education services with a speech and language impairment as defined in PI 11.36 (5), the speech and language service provided is generally referred to as specially designed instruction. When speech and language is needed by the child to benefit from special education, the service is a related service.

 

 

If found eligible for special education, the ER-1 Evaluation Report is used to document the effects of the student's disability and all of the disability-related needs that should be addressed in the student's IEP, whether or not linked to the student's disability category(s). Information about the effects of the student's disability and resulting disability-related educational needs are not the same as specifying special education services required to address the student’s needs. IEP goals and special education services are identified when the IEP team develops or reviews and revises (as appropriate) the student's IEP. IEP development occurs within 30 days following an initial evaluation 34 CFR § 300.323(c)(1).

 

● Documentation of Related Services in the IEP:

The I-4: Linking Present Levels, Needs, Goals and Services Form of the IEP should include any documented disability-related needs in communication in the Strengths, Academic Achievement & Functional Performance, Special Factors, Effects of Disability, Goals, and Program Summary sections. In Section C of the Program Summary, Related Services needed to benefit from special education are identified and linked to disability-related needs and IEP goals and the specific frequency, amount, location, and duration of the related service is documented.

 

 

The IEP team should collaboratively identify all disability-related needs and then develop IEP goals regardless of whether the services to address IEP goals are provided through specially designed instruction or a related service.

In 2022, the American Occupational Therapy Association (AOTA), Academy of Pediatric Physical Therapy Association (APTA), and the American Speech Language Hearing Association (ASHA) released the Joint Statement on Interprofessional Collaborative Goals in School-Based Practice. “This document highlights a process for IEP team members to collaborate to develop IEP goals to support students with disabilities in participation in school life” (2022). The process and examples in this document are consistent with the I-4 Linking form that is part of Wisconsin IEPs. The CCR-IEP process supports collective responsibility as a best practice. For more information see College and Career Ready IEPs.

 

 

Collaborative IEP goals are written by IEP team members working together to engage in mutual problem solving and decision making to identify and prioritize student needs. The IEP team should identify strategies for joint planning in order to share information, consider how multiple service providers can facilitate a student’s achievement of the goal, and focus on skills needed to facilitate participation throughout the school day.

 

What makes goals collaborative is that all IEP team members, including the parent, discuss and agree upon the goal versus one member unilaterally making a decision. Additionally, all IEP team members engage in the discussion regarding what services are needed to meet the goal and the team agrees on who has the knowledge and expertise to best provide that service. Collaborative IEP goals also include discussion of how IEP team members can all assist the student in meeting each goal through collaboration, communication, and support.

 

The IEP team may identify that the speech-language pathologist is best able to provide an IEP service to address specific disability-related needs (i.e., skills) in the area of communication.

 

 

Yes. Each student's IEP is developed to address the effects of the student's disability and disability-related needs, regardless of the disability category(s) that the student met criteria. The IEP team identifies what services are needed to address each student’s unique disability-related needs. The Local Educational Agency (e.g., school district) makes decisions and assigns appropriately licensed personnel to provide all of the special education services described in each student’s IEP Information Update Bulletin 21.01 | Wisconsin Department of Public Instruction (Q&A #61).

More information on disability-related needs in the area of reading for students eligible for special education with a reporting disability category of speech or language impairment can be found here: Disability-Related Need Affecting Reading for Students Eligible for an IEP with a Speech and Language Impairment.

 

 

Some states may have specific special education eligibility, disability category criteria, or other special education process requirements in addition to what is required in the Individuals with Disabilities Education Act (IDEA). In Wisconsin, IEP teams have the flexibility to determine if a student’s disability-related needs and IEP goals should be addressed by specially designed instruction or a related service. When making these decisions, IEP teams should think about which type of service will best help the student to access, engage, and make progress in general education.

 

 

IDEA does not expressly require that the IEP team include related services personnel. However, if a particular related service is going to be discussed in an IEP meeting, it would be appropriate, and DPI strongly encourages such personnel to be included or otherwise involved in developing the IEP. IDEA states that, at the discretion of the parent or the public agency, “other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate” may be part of a child’s IEP team. IEP teams should also include the provider in future annual IEP meetings and reevaluations for the student.

An SLP is a required IEP team participant whenever the IEP team considers whether a student meets or continues to meet criteria for a speech or language impairment and whenever the IEP team considers whether the student needs or no longer needs IEP services to be delivered by an SLP. PI 11.36 (5)(e).

 

 

An IEP team meeting is required when a change in IEP services also means making a change of educational placement. Educational placement includes increasing or decreasing the amount of time in special education. The frequency, amount, location, and duration of special education services must be clearly stated in the IEP so the level of the agency’s commitment of resources will be clear to parents and everyone involved in developing or implementing the IEP Information Update Bulletin 10.07 | Wisconsin Department of Public Instruction. If a change in IEP related services does not require a change of placement, the IEP Form I-10 is used to document agreement and provide parent(s) notice of changes to an IEP without a meeting GUIDE TO SPECIAL EDUCATION FORMS | Wisconsin Department of Public Instruction.

 

Discontinuation of Services
 

 

The purpose of revising the IEP is to ensure each student is receiving a Free Appropriate Public Education (FAPE) that addresses all of the student’s disability-related needs so that the student can access, engage, and make progress for the student’s age or grade level. IEP teams should make all changes to IEP services for the purpose of ensuring the student is receiving FAPE. For more information on the provision of FAPE see Wisconsin DPI Bulletin 18.02: Free Appropriate Public Education.

 

 

Everyone on the IEP team contributes to information about the student’s level of performance in all areas and identifies any needs, including supplementary aids and services, that benefit the student to ensure the student receives a Free Appropriate Public Education (FAPE).

 

For example, if visuals were initially implemented by the occupational therapist or the speech-language pathologist and they are now proven as an effective strategy to support the student’s participation and engagement to ensure FAPE, then they should stay in the supplementary aids and services portion of the IEP and can be provided by others that are assigned to the student.

 

 

Clinical providers such as speech and language pathologies, occupational therapists, physical therapists sometimes refer to services as either being “direct” or “indirect”. While IDEA does not specifically use these terms, they can be described through an IDEA lens. “Direct” services include explicit instruction or therapy interventions provided directly to the student, linked to a disability-related need and an IEP goal. Such services are documented in an IEP under “specially designed instruction” or “related services”. “Indirect” services are those provided “on behalf of the student” rather than directly to the student. These may include things like consultation with other educators about a student’s needs or instructional strategies; staff training on the use of adaptive equipment (frequently with student present), how to modify instruction to better address needs, how to properly use other supplementary aids and services with the student in general education, and maintaining and adjusting assistive technology devices or other equipment. In accordance with IDEA, such on behalf of (indirect) services would generally fall under the category of “program modifications and supports for school personnel.” As with any other IEP service, statements of program modifications and supports for school personnel (indirect services) must clearly identify the amount, frequency (or condition), location and duration of the service. Such specificity is needed to ensure the service can be implemented as intended. Finally, IEP teams should include the provider in future annual IEP meetings and reevaluations for the student.

 

 

Services provided on behalf of students and families (indirect) may include program modifications or supports for school personnel (e.g. consulting, coaching, and training). While both direct and “on behalf of” (i.e., indirect) services may be required to meet the needs of the student, if the IEP team determines that a student only requires “on behalf of” services from a speech-language pathologist, the time needed to provide these services should still be accounted for when the district determines the provider’s workload. A workload analysis considers educator responsibilities that extend beyond direct service to students with IEPs. For more information on workload, see Wisconsin DPI guidance on Considerations for Determining Special Education Workloads.

 

 

Yes. If the child has been identified as a child with a speech or language impairment along with another disability category, services from a speech-language pathologist can be discontinued at an IEP team meeting without initiating a reevaluation of the child as long as the child will continue to receive other special education services. The IEP team must reevaluate the child in the area of speech and language at the next reevaluation.

 

No. If discontinuing speech and language services means the child will no longer receive any special education services, the IEP team must conduct a reevaluation prior to discontinuing services. If a child with a disability in an area other than speech and language impairment is receiving speech-language services, the IEP team can discontinue speech-language services without conducting a reevaluation. If the IEP team determines that a reevaluation is not needed, they should still hold an Interim or Annual IEP meeting to make the determination to discontinue services.

 

 

 

Yes, related services can be provided for a student under Section 504 of the Rehabilitation Act of 1973. The IEP team might consider the need for services under 504 when a student does not qualify for services under IDEA. For instance, if there is not a need for specially designed instruction, then related services under a 504 plan may be an option. For additional information about Section 504, see Frequently Asked Questions About Section 504 and the Education of Children with Disabilities.

 

 

Yes. The IDEA regulations permit a school district to provide for the participation of a private school student in any of the district's special education services. Therefore, the school district may provide related services to the student without providing special education. Information Update Bulletin 06.03 | Wisconsin Department of Public Instruction.

 

 

No. Nonqualified substitutes shall not conduct assessments, write evaluation reports, prepare IEPs, represent speech-language pathology at meetings, or teach new skills. These tasks are reserved for qualified and licensed speech-language pathologists. A nonqualified substitute could provide reinforcement or practice of skills previously taught by the speech-language pathologist SLP Services in the Schools: Guidelines for Best Practice.

 

“College and Career Ready IEPs.” Wisconsin Department of Public Instruction, Accessed 9/6/2023. Individualized Education Program (IEP): Preparing Students for College and Career | Wisconsin Department of Public Instruction.

“Considerations for Determining Special Education Workloads.” Wisconsin Department of Public Instruction, 2024. Considerations for Determining Special Education Workloads.

“Disability Related Need Affecting Reading for Students Eligible for an IEP with a Speech and Language Impairment.” Wisconsin Department of Public Instruction, 2019. Disability Related Need Affecting Reading for Students Eligible for an IEP with a Speech and Language Impairment.

“Frequently Asked Questions About Section 504 and the Education of Children With Disabilities.” U.S. Department of Education, Accessed May 2024. Protecting Students With Disabilities.

“Guide to Special Education Forms.” Wisconsin Department of Public Instruction, 2022. GUIDE TO SPECIAL EDUCATION FORMS | Wisconsin Department of Public Instruction.

“Information Update Bulletin 06.03.” Wisconsin Department of Public Instruction, July 2010. Information Update Bulletin 06.03 | Wisconsin Department of Public Instruction.

“Information Update Bulletin 10.07.” Wisconsin Department of Public Instruction, March 2021. Information Update Bulletin 10.07 | Wisconsin Department of Public Instruction.

“Information Update Bulletin 18.02.” Wisconsin Department of Public Instruction, June 2018. Information Update Bulletin 18.02 | Wisconsin Department of Public Instruction.

“Information Update Bulletin 21.01.” Wisconsin Department of Public Instruction, December 2022. Information Update Bulletin 21.01 | Wisconsin Department of Public Instruction.

Ireland, Marie, and Barbara Conrad. “Evaluation and Eligibility for Speech-Language Services in Schools.” Perspectives of the ASHA Special Interest Groups 1, no. 16 (December 27, 2016): 78–90. Evaluation and Eligibility for Speech-Language Services in Schools | Perspectives of the ASHA Special Interest Groups.

“Joint Statement on Interprofessional Collaborative Goals in School-Based Practice.” American Speech Language Hearing Association, 2022. Joint Statement on Interprofessional Collaborative Goals in School-Based Practice - 2022.

“SLP Services in the Schools: Guidelines for Best Practice.” Virginia Department of Education, 2018. Speech-Language Impairment | Virginia Department of Education.

“Speech or Language Impairment Criteria Question and Answers.” Wisconsin Department of Public Instruction, 2021. Speech or Language Impairment Criteria Question and Answer Document.

“Teleservice Considerations for Related Services During the Current Public Health Emergency.” Wisconsin Department of Public Instruction, October 1, 2020. Teleservice Considerations for Related Services During the Current Public Health Emergency (Revised 10/01/20).

For questions about this information, contact the DPI Special Education Team at (608) 266-1781.