instead of failing speech checks now, you just can't pick the correct option. It is still a failure in your Paragon/Renegade effectiveness... which is all that controlled your speech checks.
And in 99% of the cases, having a high paragon exactly the same as having high renegade. There might have been 2-3 times in the game where paragon/renegade had a check that the other didnt have at the time. So having 1 was essentially the same as having the other.
but you couldnt fail them, you simply couldnt even select the option.