September 4, 2015
The Honorable Lamar Alexander
The Honorable Patty Murray
Health, Education, Labor, & Pensions Committee
U.S. Senate
Washington, DC 20510
The Honorable John Kline
The Honorable Robert Scott
Education & Workforce Committee
U.S. House of Representatives
Washington, DC 20515
Dear Senators Alexander and Murray and Representatives Kline and Scott:
The American Speech-Language-Hearing Association (ASHA) is pleased to submit the
following comments to the conference committee resolving the differences between S. 1177, the
Every Child Achieves Act, and H.R. 5, the Student Success Act. Both bills would amend and
revise the Elementary and Secondary Education Act (ESEA). ASHA is the national professional,
scientific, and credentialing association for 182,000 members and affiliates who are audiologists;
speech-language pathologists; speech, language, and hearing scientists; audiology and speechlanguage pathology support personnel; and students. Many of our members work in our nation’s
schools with students who are struggling to learn or who have disabilities.
We would like to commend the leadership of the House Education and Workforce Committee,
the Senate Health, Education, Labor, and Pensions (HELP) Committee and leadership in both the
House of Representatives and Senate in the development, debate, and votes on these bills. We
encourage that a conference committee be named soon so that the differences in the bills can be
negotiated and a final approved bill can be sent to the president for his signature. As you look to
conference, ASHA requests your consideration of the following recommendations.
Specific Recommendations
1) ASHA supports the additions of references to “early intervening services” found in S.1177
[Section 1111, (c)(1)(d); Section 1113, (c)(2)(F)(ii)(III)(cc); Section 4105, (a)(4)(D)(ii) &
(I)], which may allow for greater flexibility in the use of funds for struggling learners and
urges the conferees to retain this important provision.
Rationale
Schools are increasingly utilizing speech-language pathologists and other specialized support
personnel to assist struggling learners in the general education classroom. However, due to
funding restrictions, schools are currently forced to use funds from the Individuals with
Disabilities Education Act (IDEA) to support these services. Early intervening services were
originally authorized and funded during the 2004 reauthorization of IDEA. Congress expressed
disappointment that IDEA was a wait to fail model for too many young children who could have
avoided a referral to special education. To combat this, congress allowed all states—and
mandated in some places with high disproportionality—to use up to 15% of their federal IDEA
Part B funds for nondisabled children at risk of being identified with a disability and a referral to
special education.
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ASHA Comments
September 4, 2015
Page 2
Relying solely upon IDEA funds to provide early intervening services drains critical and limited
resources away from other special education needs. We believe the language found in the Senate
bill will allow for greater flexibility to use general education funds for struggling learners rather
than relying on funding through IDEA; however, we believe further clarification is needed to
ensure access to these funds.
Therefore, we request that the conferees adopt the Senate language and provide report language
that clarifies that the congressional intent of S. 1177 is to allow greater flexibility to use ESEA
funds for early intervening and that early intervening services currently being provided to
struggling learners in the general education classroom and currently funded under IDEA can be
supported with ESEA funds.
ASHA requests the inclusion of the following conference report language to clarify
congressional intent:
“The conferees want to ensure that states and local educational agencies have the
flexibility to combine federal funds from this act and the Individuals with Disabilities
Education Act (IDEA) for the purpose of expanding or enhancing their early intervening
services programs. The conferees intent is for schools to use these combined funds to
focus services on young children to further reduce the number of overall referrals to
special education.”
2) S. 1177 contains a new comprehensive literacy program that replaces the NCLB Early
Reading First and Reading First programs (S. 1177,Title II, Part D, the Literacy Education
for All, Results for the Nation (LEARN) program). S.1177 provides schools with the
flexibility to use all professional staff, as appropriate, to support literacy instruction in
schools. This includes specialized instructional support personnel, such as audiologists and
speech-language pathologists. ASHA’s school-based audiologists and speech-language
pathologists can provide a variety of supports, screenings, and interventions for students who
are struggling to gain literacy skills. Therefore, we strongly request that the House
concurs with the language found in S. 1177, Title II, Part D, and retains the references
to specialized instructional support personnel.
3) ASHA supports provisions in both S. 1177 and H.R. 5, which expand professional
development opportunities for specialized instructional support personnel in Title II. These
changes, if enacted, would provide greater flexibility to states and local education agencies
when offering professional development opportunities to all school-based providers. ASHA
requests that the House concur with the more inclusive Senate provisions related to
professional development opportunities found in Title II.
[S. 1177 citations to be preserved: Title II, Part A, Section 2101 Formula Grants to
States, (c)(xvi) and (d)(2)(I); Section 2102, (b)(2)(B)(v) and (3)(A)(i); Section 2103,
(b)(O) and (c)(1)(C); Section 2105, (b)(1)(D); Section 2403 (c)(1) and (3); Section 2404
(a)(4)(B), (b)(2), (b)(3), (b)(4), (c)(2), (c)(5), and (d)(6)]
ASHA Comments
September 4, 2015
Page 3
[H.R. 5 citations: Title II, Part A, Subpart 1 Grants to States, Section 2113 State Use of
Funds, (b) State-Level Activities, (2)(C) & Subpart 2, Section 2123 Local Use of Funds,
(6)]
4) ASHA supports the inclusion of the new term “specialized instructional support personnel”
and “specialized instructional support services” found in both S. 1177 and H.R. 5. However,
we strongly recommend that the House concur with the Senate’s definition found in
Title IX, General Provisions, Section 9101, Definitions, (17). We feel that is the stronger
definition because it specifically references speech-language pathologists. Additionally, the
common use of the term specialized support personnel in both ESEA and IDEA will ensure
that funding opportunities afforded in both acts can be used as necessary when these
professionals are working with struggling learners.
We further request the inclusion of the following report language:
“The conferees recognize the confusion and division of calling the same group of schoolbased professionals “pupil services providers” in the Elementary and Secondary
Education Act (ESEA) and “related services providers” in the Individuals with
Disabilities Education Act (IDEA). By adopting one common term “specialized
instructional support personnel” in both ESEA and IDEA the conferees intend for states
and local education agencies to have the flexibility to fund these personnel and services
across all grades and education settings and not be limited to either regular or special
education settings.”
General Background
Audiologists and speech-language pathologists belong to a category of professionals currently
referred to as “pupil services providers”, but would now be referred to as “specialized
instructional support personnel”. This new term exists in both S. 1177 and H.R. 5, and should
remain in the final bill.
School-based speech-language pathologists (SLPs) work to prevent, assess, diagnose, and treat
speech, language, social communication, cognitive-communication, and swallowing disorders in
children and adults. School-based SLPs:
 screen students to find out if they need further speech and language testing;
 evaluate speech and language skills;
 determine, with a team, whether the child is eligible for services;
 work with a team to develop an individualized education program (IEP) for students who
qualify for services under federal and state law;
 work with children who are at risk for communication, literacy, and learning problems;
 ensure that communication goals support students’ learning and social skills;
 help develop curricula, design programs, and choose textbooks and materials that help all
children learn;
 research ways to help children do their best in school; and
ASHA Comments
September 4, 2015
Page 4

provides resources and information to students, staff, and parents to help them understand
communication.
ASHA-certified educational audiologists are uniquely qualified to understand the impact of
hearing loss on classroom learning and have the knowledge and skills to recommend specific
strategies and technology to meet the individual communication, academic, and psychosocial
needs of students with hearing loss. Educational audiologists are critical members of the school
team since 131 of every 1,000 school-age children have some degree of hearing loss that can
potentially affect communication, learning, psychosocial development, and academic
achievement. Classrooms are auditory learning environments. Most learning takes place through
listening. Education is provided through verbal instruction. This is why it is so crucial that
children have access to everything the teacher is saying. Educational audiologists:
 perform comprehensive, educationally relevant hearing evaluations and make
recommendations to enhance communication access and learning;
 provide training about hearing, hearing loss, and other auditory disorders for school
personnel, students, and parents to facilitate a better understanding of the impact of
auditory impairments on language, learning, literacy, and social development;
 evaluate and make recommendations for the use of hearing aids, cochlear implants, and
personal, classroom, and other hearing assistive technology;
 collaborate with parents, teachers, support personnel, and relevant community agencies
and professionals to ensure delivery of appropriate services;
 measure classroom noise, evaluate acoustics, and make recommendations for improving
the classroom listening environment;
 assist in program placement decisions and make specific recommendations to address
listening and communication needs;
 coordinate hearing screening programs for preschool and school-aged students ensuring
professional standards are followed and screening personnel are appropriately trained;
 facilitate programs for speechreading (i.e., lip reading), listening, auditory training,
communication strategies, and use and care of amplification devices, including hearing
aids, cochlear implants, and hearing assistive technology; and
 collaborate with students, teachers, and parents to facilitate a greater understanding of the
impact of noise exposure and hearing loss prevention.
Thank you for the opportunity to provide feedback to the conference committee on ESEA. Please
contact Neil Snyder, ASHA’s director of federal advocacy, at [email protected] or
202-624-7750, if you require additional information.
Sincerely,
Judith L. Page, PhD, CCC-SLP
2015 ASHA President