Related Services in Oregon IEPs: Speech Therapy, OT, and Assistive Technology Rights

Related services are not extras. They are not rewards for progress or services a district offers when it has capacity. Under the IDEA and Oregon's implementing rules, related services must be provided when the IEP team determines that a student needs them to benefit from special education. The team determines that — not the district budget, not the staffing schedule, and not the availability of existing programs.

Here is what Oregon parents need to know about requesting and enforcing speech therapy, occupational therapy, and assistive technology in an IEP.

What Related Services Are

Under OAR 581-015, related services include (but are not limited to) speech-language pathology, audiology, psychological services, physical therapy, occupational therapy, recreation, counseling services, orientation and mobility, school nursing, social work, and assistive technology services. Transportation is also a related service.

The key legal test is whether the service is required to help the child benefit from special education. This is a student-specific determination — not a categorical rule based on disability label. A student with autism does not automatically qualify for speech therapy; the team must determine that this particular student needs speech therapy to make progress toward their educational goals. But if the data shows the need, the service must be provided.

Speech-Language Therapy in Oregon IEPs

Speech-language pathology services are the most commonly provided related service in Oregon. Salem-Keizer, Portland, and Beaverton are among the districts with the largest numbers of students receiving speech services, with thousands of students statewide identified under the Speech/Language Impairment eligibility category.

But speech services are also among the most commonly reduced, delayed, or under-delivered due to SLP shortages. Oregon districts — particularly rural ones — frequently have vacancy gaps in school-based speech-language pathology positions.

If the IEP specifies speech therapy and it is not being delivered as written:

1. Request a service log showing delivered sessions versus promised sessions
2. Send a written inquiry to the special education director about when full service delivery will resume
3. If the gap is substantial, demand compensatory speech therapy for missed sessions

If you believe your child needs speech therapy and it has not been included in the IEP, request in writing that the IEP team evaluate your child for speech-language services. The district must either evaluate and determine eligibility, or provide Prior Written Notice documenting why it is declining to evaluate.

Occupational Therapy in Oregon Schools

School-based occupational therapy (OT) addresses the functional skills a student needs to access and participate in the educational environment — fine motor skills for writing, sensory processing that affects classroom functioning, self-care skills for toileting or feeding that are required for school participation, and coordination skills for physical tasks.

Districts sometimes resist OT services by arguing that the student's needs are "medical" rather than "educational." This is a frequently misused argument. Under the IDEA, OT is a required related service when it is necessary for the student to benefit from special education — which includes any functional skill that affects educational performance. Sensory processing difficulties that cause a student to become so dysregulated that they cannot attend to instruction are an educational issue, not purely a medical one.

If OT is denied:

• Request Prior Written Notice under OAR 581-015-2310 documenting the denial, the data relied upon, and the alternatives considered
• Review the evaluation to confirm whether OT was assessed — if it was not, request an evaluation focused specifically on OT needs
• Consider requesting an IEE (Independent Educational Evaluation) under OAR 581-015-2305 if you disagree with the district's assessment of OT needs

Assistive Technology: The Overlooked Right

Assistive technology (AT) may be the most systematically overlooked related service in Oregon IEPs. Under the IDEA, IEP teams must consider whether the student requires assistive technology devices and services to receive FAPE. That is not a discretionary consideration — "consider" is a legal requirement, and consideration must be documented.

Assistive technology covers a wide spectrum:

• Low-tech: pencil grips, slant boards, fidget tools, communication boards
• Mid-tech: text-to-speech software, AAC devices, audiobook access, magnification tools
• High-tech: dedicated speech-generating devices, eye-gaze technology, specialized computer access systems

The most common failure is that IEP teams skip AT consideration entirely, or note it was "considered" without documenting what was considered and why specific devices or services were rejected. If your child has significant reading, writing, communication, or motor access needs, AT consideration is legally required.

To advocate for AT:

1. Ask explicitly at the IEP meeting: "Has the team considered whether [child's name] requires assistive technology devices or services?" Ask that the team's consideration — and its conclusion — be documented in the IEP
2. If AT has never been assessed and you believe your child needs it, request an assistive technology evaluation in writing
3. If the district provides AT in the IEP, ensure the IEP also includes AT services — the training and support needed to help the student actually use the device effectively. A speech-generating device without training is nearly useless.

What Happens When Related Services Are Denied

If the IEP team refuses to include related services you believe your child needs, the district must provide Prior Written Notice under OAR 581-015-2310. PWN for a denial must include:

• A description of the action refused
• The reasons for refusing it
• The evaluation, assessment, or report used as the basis
• Other options the team considered and why they were rejected

If the PWN is inadequate — for example, if it simply states "the team determined the service is not needed" without providing data — that inadequacy itself is a procedural violation.

After receiving PWN, your options include requesting an IEE if the denial was based on flawed evaluation, filing a state complaint if the denial violates the legal standard, or invoking mediation or due process for substantive disputes about the appropriateness of the IEP.

Districts in Oregon also sometimes agree to related services in the IEP and then fail to deliver them due to staffing shortages. Speech pathologists, occupational therapists, and AT specialists are all in short supply in Oregon — particularly in rural districts and those served by ESDs. Service gaps, when they occur, must be documented and compensated through the compensatory education process.

The Oregon IEP & 504 Advocacy Playbook includes specific templates for requesting related service evaluations, demanding AT consideration documentation, and pursuing compensatory related services — all grounded in OAR 581-015 rather than federal-only guidance that leaves out Oregon-specific enforcement mechanisms.

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