Students with speech or language impairments, whether in grade school or in college, often encounter formidable obstacles within their educational environments. These challenges manifest not only academically but also socially and emotionally. They may impede the student's ability to flourish academically, potentially leading to further complications such as social isolation and depression. These issues, in turn, jeopardize their prospects for success not only in school but beyond.
While federal law requires schools to make certain accommodations for students with disabilities (including speech and language impairments), both students and their parents need to be fully aware of the student's rights so they can receive the disability accommodations to which they are legally entitled. Regrettably, numerous schools, from K-12 schools to higher education establishments, frequently fall short of providing the necessary support for these students. This deficiency can result in a diminished educational experience at the minimum and, at worst, may result in academic disciplinary actions.
Your best hope for ensuring that your student gets the proper legal accommodation from their K-12 school or college is to consult an experienced education attorney. The Education Law Team at the Lento Law Firm is well-versed in addressing student disability issues nationwide, and we will fight diligently to protect your child's rights. Call the Lento Law Firm at 888-535-3686 or submit a confidential online consultation form.
Understanding Speech and Language Impairments
The Individuals with Disabilities Act (IDEA) defines a speech and 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." More broadly, speech and language impairments in students are categorized under communication disorders that significantly affect their ability to express themselves verbally or understand what is being communicated to them. Speech and language impairments can have many things as their underlying cause, including, but not limited to:
- Developmental Disorders: Conditions like autism spectrum disorder, Down syndrome, and cerebral palsy can impact speech and language development. These disorders may affect the ability to understand language, use words effectively, or produce speech sounds accurately.
- Hearing Loss: Even mild hearing loss can influence a child's ability to understand and produce language. Without the ability to hear words clearly, it's challenging to learn to speak, read, or write effectively.
- Neurological Disorders: Conditions such as traumatic brain injury, stroke, and other brain disorders can damage the areas of the brain responsible for speech and language, leading to impairments.
- Intellectual Disabilities: Cognitive impairments can limit the understanding of language, the ability to form sentences, or the capacity to use language in socially appropriate ways.
- Psychological Factors: Emotional trauma, stress, or anxiety can sometimes lead to speech and language difficulties, such as selective mutism, where a person is unable to speak in certain situations or to specific people.
- Genetic Factors: Some speech and language impairments have a genetic component, making them more likely to occur in certain families.
Many of these underlying causes qualify for disabilities under IDEA, and schools must also find ways to accommodate them.
Speech and language impairments can manifest as difficulties in the production of speech sounds, or in the use, understanding, and organization of language elements. The impact of these impairments extends beyond communication challenges, often affecting academic achievement, social integration, and overall participation in classroom activities.
Some common types of speech and language impairments include:
- Articulation Disorders: Difficulty in producing specific speech sounds correctly, affecting the clarity of speech.
- Fluency Disorders: Problems with the flow, speed, and rhythm of speech, including stuttering and cluttering, leading to interruptions in the smoothness of speaking.
- Voice Disorders: Issues related to pitch, volume, or quality of the voice, such as phonation disorders (abnormal vocal quality) and resonance disorders (abnormal amplification of voice).
- Receptive Language Disorders: Challenges in understanding or processing language, affecting a person's ability to grasp spoken or written language.
- Expressive Language Disorders: Difficulties in expressing thoughts and ideas, impacting the ability to form sentences, use correct grammar, and build vocabulary.
- Cognitive-Communication Disorders: Impairments in cognitive processes, including memory, attention, and problem-solving, that affect verbal and non-verbal communication.
- Social Communication Disorders: Problems with the social use of verbal and nonverbal communication, including challenges in understanding and following social rules, such as taking turns in conversation and making eye contact.
- Aphasia: A disorder typically caused by brain damage that affects a person's ability to communicate, including speaking, understanding speech, reading, and writing.
How a Speech or Language Impairment Can Negatively Impact a Student's Ability to Learn
Because speech and language impairments directly affect a student's ability to communicate effectively, they can have a profoundly negative impact on the student's educational journey, presenting significant barriers to learning, participation, and social integration. This has far-reaching implications for their academic performance and overall educational experience.
Firstly, communication is fundamental to the learning process. It enables students to engage with instructional material, participate in classroom discussions, and express their ideas and understanding. Students with speech or language impairments may find these aspects of learning exceedingly challenging, potentially leading to diminished academic achievement. The frustration and anxiety associated with these communication difficulties can also hinder their willingness to participate, further isolating them from educational opportunities.
Secondly, the social dimension of schooling, crucial for cognitive and emotional development, can be significantly disrupted for students facing these impairments. The ability to form and maintain friendships, work collaboratively in groups, and navigate social interactions relies heavily on effective communication. Consequently, students with speech or language impairments may experience social isolation, impacting their self-esteem and emotional well-being.
Recognizing these challenges highlights the need for educational accommodations for students with these impairments. Solutions may range from providing targeted support like speech therapy to implementing assistive technology. These adjustments ensure equitable access to education for students with speech or language impairments, fostering their engagement in learning.
Disability Rights for Students with Speech or Language Impairments
Students grappling with speech or language impairments are safeguarded under federal disability rights legislation. The trifecta of Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act (ADA), and the Individuals with Disabilities Education Act (IDEA) collectively regulate educational institutions on the appropriate treatment of students with disabilities. IDEA caters to the K-12 demographic, whereas ADA provisions are more pertinent to college students seeking accommodations. Section 504 applies to all schools receiving federal funding, whether K-12 or higher education.
These laws broadly categorize a disability as a “physical or mental impairment” that significantly restricts one or more “major life activities.” Since we've already observed how speech or language impairments can affect a student's ability to learn (which is a "major life activity"), speech or language impairments easily fall into the category of a disability that schools must legally accommodate.
Obtaining a disability accommodation requires the student or parent to formally request one from their school. Each school has its own process for managing such requests, and they usually require strict compliance with protocols to obtain the proper consideration. Make sure you acquaint yourself with your school's specific requirements before submitting the request.
IEP Accommodations for Students with Speech or Language Impairments
One of the primary provisions of IDEA is the right of eligible disabled students to have a customized Individualized Education Plan (IEP) that accommodates their disability. This tailored educational strategy is collaboratively developed by school administrators, educators, and parents to furnish the requisite support. Conditions warranting an IEP encompass a broad spectrum of conditions, including intellectual disabilities, emotional challenges, and learning disabilities, such as speech or language impairments.
Note that not all situations call for an IEP. While K-12 students in public or charter schools may be eligible, the requirement does not extend to private schools. Also, the IEP requirement only applies to K-12 schools, so when the student graduates high school, their chosen college is not obligated to adhere to the provisions of the high school IEP.
For a student with speech or language impairments, an IEP could afford accommodations like speech therapy, assistive technologies such as speech-generating devices (SGDs), augmentative and alternative communication (AAP) apps, or access to speech-language specialists.
Right to Free Appropriate Public Education (FAPE) for Students with Speech or Language Impairments
Under the provisions of Section 504 and IDEA, all students with disabilities are guaranteed the right to the same public education available to their peers. This means schools receiving federal funding must offer a Free Appropriate Public Education (FAPE) to every student with a qualifying disability. Compliance with Section 504 is mandatory for all educational institutions and programs that benefit from federal financial assistance. Students with speech or language impairments are eligible for FAPE under Section 504. These rules apply to all schools that receive federal funding to provide free education, which includes public/charter K-12 schools.
The individual structure of FAPE for students with speech or language impairments is contingent upon several variables, including the unique needs and challenges of the student, the nature of their impairment, and the policies of the school district they attend. However, the basic tenets of FAPE are that the student must be educated alongside non-disabled students whenever appropriate while also providing whatever additional education services are needed to ensure that the student has equal access to the education being offered. FAPE does not guarantee the provision of the highest quality services available, nor does it ensure the fulfillment of any or all services desired by students with disabilities.
ADA Reasonable Accommodations for College Students with Speech or Language Impairments
The Americans with Disabilities Act (ADA) mandates that colleges and universities furnish "reasonable accommodations" to students with disabilities. College students with speech or language impairments seeking reasonable accommodations may submit documentation or a diagnosis of their impairment to their institution, requesting accommodations that are deemed appropriate for their situation. The student's IEP from high school (if one existed) can often be submitted as evidence of the need for accommodation by the school. While not binding at the college level, an IEP can serve as a valuable reference for determining suitable or equivalent accommodations. (Many higher education institutions have a dedicated department to provide services for students with disabilities.)
Examples of "reasonable accommodations" under ADA requirements might include modifications to the syllabus, allowing additional time for assignments and examinations, use of assistive technologies, and any other adjustments to courses or academic programs that facilitate the student's successful completion of their studies.
When a School Fails to Accommodate a Speech or Language Impairment
Regrettably, students with speech or language impairments may sometimes encounter challenges in securing necessary accommodations from their respective schools. Situations may arise where a school does one or more of the following:
- Fails to recognize or acknowledge a student's disability;
- Inadequately accommodates the student's needs, or
- Simply fails to provide accommodations.
In such cases, it's crucial for students and parents to know the extent of their rights under the law and to meticulously adhere to the school's established policies and procedures in seeking a collaborative resolution with the school. If these efforts fail, it may be time to consult with an education law attorney with experience in resolving disability accommodation disputes.
The Lento Law Firm's Education Law Team: Advocating for Students with Speech or Language Impairments
Every student, including those with speech or language impairments, is entitled to an education that not only meets their unique needs but also allows them to thrive academically and personally. Achieving this often hinges on securing necessary disability accommodations, a critical step toward unlocking their full potential.
Navigating the complex legal landscape to obtain these accommodations, however, presents a formidable challenge. For students struggling with speech or language impairments and their families, understanding how to meet the legal requirements and engaging with the accommodation process can be both daunting and overwhelming. The stakes are high, and the journey towards securing these accommodations should not be undertaken alone.
This is where the Lento Law Firm's Education Law Team can help. Our team has extensive experience championing the rights of students with speech or language impairments. We have successfully collaborated with educational institutions across the nation, ensuring our clients receive the accommodations to which they are legally entitled. Our goal is to pave the way for academic success and a brighter future for every student we represent. If you or your loved one is facing challenges in obtaining necessary disability accommodations from a school, call the Lento Law Firm at 888-535-3686 or fill out our confidential online form.
