Related services are any services that are necessary to help a student benefit from their special education program.[[34 Code of Federal Regulations (C.F.R.) Sec. 300.34(a).]] To “benefit from special education” has generally been interpreted to mean making meaningful progress toward meeting IEP goals and objectives.[[County of San Diego v. California Special Education Hearing Office, 93 F.3d 1458, 1467 (9th Cir. 1996).]]

Code of Federal Regulations, Chapter 34, Sec. 300.34(a) defines related services as follows: 

[T]ransportation and such developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education, and includes, but is not limited to, speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, early identification and assessment of disabilities in children, counseling services, including rehabilitation counseling, orientation and mobility services, and medical services for diagnostic or evaluation purposes. Related services also include school health services and school nurse services, social work services in schools, and parent counseling and training.

The same regulation further defines some of these services as follows: 

1. Audiology which includes: 
   • Identification of children with hearing loss; 
   • Determination of the range, nature, and degree of hearing loss, including referral for medical or other professional attention for the habilitation of hearing; provision of habilitative activities, such as language habilitation, auditory training, speech reading (lip reading), hearing evaluation, and speech conservation; 
   • Creation and administration of programs for prevention of hearing loss; 
   • Counseling and guidance of children, parents/guardians/other education rights holders, and teachers regarding hearing loss; and 
   • Determination of children’s needs for group and individual amplification, selecting and fitting an appropriate aid, and evaluating the effectiveness of amplification. 
2. Counseling services means services provided by qualified social workers, psychologists, guidance counselors, or other qualified personnel. 
3. Early identification and assessment of disabilities in children means the implementation of a formal plan for identifying a disability as early as possible in a child’s life. 
4. Interpreting services includes – 
   • The following when used with respect to children who are deaf or hard of hearing: oral transliteration services, cued language transliteration services, sign language transliteration and interpreting services, and transcription services, such as communication access real-time translation (CART), C-Print, and TypeWell; and 
   • Special interpreting services for children who are deaf-blind. 
5. Medical services means services provided by a licensed physician to determine a child’s medically related disability that results in the child’s need for special education and related services. 
6. Occupational therapy means: 
   • Services provided by a qualified occupational therapist; and includes: 
     • Improving, developing, or restoring functions impaired or lost through illness, injury, or deprivation; 
     • Improving ability to perform tasks for independent functioning if functions are impaired or lost; and 
     • Preventing, through early intervention, initial or further impairment or loss of function. 
7. Orientation and mobility services means: 
   • Services provided to blind or visually impaired children by qualified personnel to enable those students to attain systematic orientation to and safe movement within their environments in school, home, and community; and 
   • Includes teaching students the following, as appropriate: 
     • Spatial and environmental concepts and use of information received by the senses (such as sound, temperature and vibrations) to establish, maintain, or regain orientation and line of travel (e.g., using sound at a traffic light to cross the street); 
     • To use the long cane or a service animal to supplement visual travel skills or as a tool for safely negotiating the environment for children with no available travel vision; 
     • To understand and use remaining vision and distance low vision aids; and 
     • Other concepts, techniques, and tools. 
8. Parent counseling and training means: 
   • Assisting parents/guardians/other education rights holders in understanding the special needs of their child; 
   • Providing parents/guardians/other education rights holders with information about child development; 
     and 
   • Helping parents/guardians/other education rights holders to acquire the necessary skills that will allow them to support the implementation of the child’s IEP or IFSP. 
9. Physical therapy means services provided by a qualified physical therapist. 
10. Psychological services include: 
    • Administering psychological and educational tests, and other assessment procedures; 
    • Interpreting assessment results; 
    • Obtaining, integrating, and interpreting information about child behavior and conditions relating to learning; 
    • Consulting with other staff members in planning school programs to meet the special needs of children as indicated by psychological tests, interviews, direct observation, and behavioral evaluations; 
    • Planning and managing a program of psychological services, including psychological counseling for children and parents/guardians/other education rights holders; and 
    • Assisting in developing positive behavioral intervention strategies. 
11. Recreation includes: 
    • Assessment of leisure function; 
    • Therapeutic recreation services; 
    • Recreation programs in schools and community agencies; and 
    • Leisure education. 
12. Rehabilitation counseling services means services provided by qualified personnel in individual or group sessions that focus specifically on career development, employment preparation, achieving independence, and integration in the workplace and community of a student with a disability. The term also includes vocational rehabilitation services provided to a student with a disability by vocational rehabilitation programs funded under the Rehabilitation Act of 1973.[[29 U.S.C. Sec. 794, as amended.]]
13. School health services and school nurse services means health services that are designed to enable a child with a disability to receive a Free Appropriate Public Education (FAPE) as described in the child's IEP. School nurse services are services provided by a qualified school nurse. School health services are services that may be provided by either a qualified school nurse or other qualified person. 
14. Social work services in schools includes: 
    • Preparing a social or developmental history on a child with a disability; 
    • Group and individual counseling with the child and family; 
    • Working in partnership with parents/guardians/other education rights holders and others on those problems in a child’s living situation (home, school, and community) that affect the child’s adjustment in school;
    • Mobilizing school and community resources to enable the child to learn as effectively as possible in their educational program; and 
    • Assisting in developing positive behavioral intervention strategies. 
15. Speech-language pathology services includes: 
    • Identification of children with speech or language impairments; 
    • Diagnosis and appraisal of specific speech or language impairments; 
    • Referral for medical or other professional attention necessary for the habilitation of speech or language impairments; 
    • Provision of speech and language services for the habilitation or prevention of communicative impairments; and 
    • Counseling and guidance of parents/guardians/other education rights holders, children, and teachers regarding speech and language impairments. 
16. Transportation includes: 
    • Travel to and from school and between schools; 
    • Travel in and around school buildings; and 
    • Specialized equipment (such as special or adapted buses, lifts, and ramps), if required to provide special transportation for a child with a disability.

Under California law, the list of related services – referred as “Designated Instruction and Services” – is somewhat similar and includes, but is not limited to, the following: 

1. Language, speech and hearing development and remediation. The language and speech development and remediation services may be provided by a speech-language pathology assistant as defined in subdivision (f) of Section 2530.2 of the Business and Professions Code; 
2. Audiological services; 
3. Orientation and mobility services; 
4. Instruction in the home or hospital; 
5. Adapted physical education; 
6. Physical and occupational therapy; 
7. Vision services; 
8. Specialized driver training instruction; 
9. Counseling and guidance, including rehabilitation counseling; 
10. Psychological services other than assessment and development of the Individualized Education Program; 
11. Parent counseling and training; 
12. Health and nursing services, including school nurse services designed to enable an individual with exceptional needs to receive a free appropriate public education as described in the IEP; 
13. Social worker services; 
14. Specially designed vocational education and career development; 
15. Recreation services; and 
16. Specialized services for low-incidence disabilities, such as readers, transcribers, and vision and hearing services.[[California Education Code (Cal. Ed. Code) Secs. 56000.5 & 56026.5.]]
17. Interpreting services.[[Cal. Ed. Code Sec. 56363(b).]]

California regulations further define many of these services, add a few more examples of related services, and specify the qualifications of the providers of these services as follows:

1. Language, Speech and Hearing Development and Remediation[[5 California Code of Regulations (C.C.R.) Sec. 3051.1 and 3051.24]]
2. Audiological Services[[5 C.C.R. Sec. 3051.2.]]
3. Orientation and Mobility Instruction[[5 C.C.R. Sec. 3051.3.]]
4. Instruction in the Home or Hospital[[5 C.C.R. Sec. 3051.4.]]
5. Adapted Physical Education[[5 C.C.R. Sec. 3051.5.]] (Adapted Physical Education is actually considered special education, not a related service, under federal law.[[See 34 C.F.R. Sec. 300.39.]]) 
6. Physical and Occupational Therapy[[5 C.C.R. Sec. 3051.6.]]
7. Vision Services[[5 C.C.R. Sec. 3051.7.]]
8. Vision Therapy[[5 C.C.R. Sec. 3051.75.]]
9. Specialized Driver Training Instruction[[5 C.C.R. Sec. 3051.8.]]
10. Counseling and Guidance Services[[5 C.C.R. Sec. 3051.9.]]
11. Psychological Services other than Assessment and Development of the IEP[[5 C.C.R. Sec. 3051.10.]]
12. Parent Counseling and Training[[5 C.C.R. Sec. 3051.11.]]
13. Health and Nursing Services[[5 C.C.R. Sec. 3051.12.]]
14. Social Worker Services[[5 C.C.R. Sec. 3051.13.]]
15. Specially Designed Vocational Education and Career Development[[5 C.C.R. Sec. 3051.14.]] (Vocational Education is another service identified by federal law as special education.[[See 34 C.F.R. Sec. 300.39.]].) 
16. Recreation Services[[5 C.C.R. Sec. 3051.15.]]
17. Specialized Services for Low-Incidence Disabilities[[5 C.C.R. Sec. 3051.16.]]
18. Services for Students with Chronic Illnesses or Acute Health Problems[[5 C.C.R. Sec. 3051.17.]]
19. Designated Instruction and Services for the Deaf and Hard of Hearing[[5 C.C.R. Sec. 3051.18.]]
20. Specialized Services for Pupils with Chronic Illnesses or Acute Health Problems [[California Code of Regulations (C.C.R.) Sec. 3051.17.]]
21. Related Services for the Deaf and Hard of Hearing[[C.C.R. Sec. 3051.18.]]
22. Assistive Technology Services[[C.C.R. Sec. 3051.19.]]
23. Music Therapy[[C.C.R. Sec. 3051.21.]]
24. Transcription Services[[C.C.R. Sec. 3051.22.]]

Under both federal and California law, related services do not include a medical device that is surgically implanted, such as a cochlear implant, or the replacement of that device.[[20 U.S.C. Sec. 1401(26)(B); 34 C.F.R. Sec. 300.34(b); Cal. Ed. Code Sec. 56363(c).]] However, the law does not prohibit the routine checking of a device’s external components to ensure that the device is working properly.[[34 C.F.R. Sec. 300.34(b)(2)(iii).]] Moreover, the school district is responsible "to appropriately monitor and maintain medical devices that are needed to maintain the health and safety of the child, including breathing, nutrition, or operation of other bodily functions, while the child is transported to and from school or is at school.”[[34 C.F.R. Sec. 300.34(b)(2)(ii).]]

No. All related services must be provided without any charge to the parent/guardian/other education rights holder. In most cases, your local district is responsible for providing the related services directly or by contracting with appropriate persons.

Under California law occupational and physical therapy needed by a child for both medical and educational reasons is currently provided by California Children’s Services.[[Cal. Gov. Code Secs. 7572 and 7575.]][[See Chapter 9, Information on Inter-Agency Services (AB 3632).]]

If California Children’s Services stopped providing therapy services for whatever reason, and you can demonstrate that your child still needs the services as part of their special education, the school district is responsible for providing the therapy services even if that means contracting for them with another organization.[[34 C.F.R. Sec. 300.154(b).]] Disputes regarding occupational or physical therapy services are resolved in the same manner as disputes about any other part of your child’s special education program.[[See Chapter 6, Information on Due Process/Compliance Procedures.]]

This phrase is the key in determining whether a district is responsible for providing a related service to a student with a disability. A district does not have to provide a service to a student with a disability just because they will benefit from the service, or even if they require the service. The service is only “related” if it is necessary to help them benefit from educational instruction. 

A student could require counseling to address anxiety they are experiencing at home. However, their anxiety at home is not affecting their ability to progress in school. The student needs counseling services, but not for educational reasons.

If the student’s anxiety did start to affect their ability to progress in school, counseling could be “related” to their ability to succeed in school. In that case, counseling services would be the district’s responsibility.

Transportation is a related service when it is necessary in order for a student to benefit from special education. If a student cannot get to school, they cannot benefit from their education there. If a student cannot get to school on their own because of the physical or cognitive characteristics of their disability (even though they may live very close to the school) transportation should be provided as a related service. Transportation is also available to and from other sites for related services which are not provided at the student’s regular school, and transportation in and around school buildings.[[34 C.F.R. Sec. 300.34(c)(16).]]

The California Department of Education (CDE) has developed guidelines for IEP teams to determine when transportation is needed as a related service. The guidelines are not mandates on school districts, except to the extent that the guidelines repeat state or federal law. The guidelines are the state education department’s recommendations to school districts on the subject of transportation of special education students. 

The guidelines, issued November 23, 1993, and most recently updated to reflect changes in the Educational Code and Code of Federal Regulations since June 2017, state in part: 

Primary Consideration: Pupil Needs 

The specific needs of the pupil must be the primary consideration when an IEP team is determining any transportation needs. These may include, but are not limited to: 

1. Medical diagnosis and health needs consideration of whether long bus rides could affect a certain pupil's health (duration, temperature control, need for services, health emergencies); general ability and/or strength to ambulate/wheel; approximate distance from school or the distance needed to walk or wheel oneself to the school; consideration of pupil needs in inclement or very hot weather. 
2. Physical accessibility of curbs, sidewalks, streets, and public transportation systems. 
3. Consideration of a pupil's capacity to arrive at school on time, to avoid getting lost, to avoid dangerous traffic situations, and to avoid other potentially dangerous or exploitative situations on the way to and from school. 
4. Behavioral Intervention Plans[[Education Code sections 56520-56525]] specified by the pupil's IEP and consideration of how to implement such plans while a pupil is being transported. 
5. Mid-day or other transportation needs as required on a pupil's IEP (for example, occupational or physical therapy or mental health services at another site, community based classes, etc.) must also be taken into consideration when the IEP team discusses a pupil's placement and transportation needs. 
6. Extended school year services, pursuant to EC Section 56345(b)(3), should be another consideration of a pupil’s need for transportation if considered necessary to provide a free appropriate public education as specified in a pupil’s IEP. 

Transportation Staff and IEP Team Meetings 

Effective practice requires that procedures are developed for communication with transportation personnel and that transportation staff are present at IEP team meetings when the pupil needs the use of adaptive or assistive equipment, when school bus equipment is required to be modified, when the pupil exhibits severe behavioral difficulties and a behavior intervention plan is to be implemented, when the pupil is medically fragile and requires special assistance, and/or when the pupil has other unique needs. 

Transportation Options 

Considering the identified needs of the pupil, transportation options may include, but not be limited to: walking, riding the regular school bus, utilizing available public transportation (any out-of-pocket costs to the pupil or parents/guardians/other education rights holders are reimbursed by the local education agency), riding a special bus from a pick up point, and portal-to-portal special education transportation via a school bus, taxi, reimbursed parent’s/guardian’s/other education rights holders’ driving with a parent’s/guardian’s/other education rights holders’ voluntary participation, or other mode as determined by the IEP team. When developing specific IEP goals and objectives related to the pupil's use of public transportation, the IEP team may wish to consider a blend of transportation services as the pupil's needs evolve.

Specialized transportation, as a related service, must be written on the pupil's IEP with specificity and should be approved by the transportation administrator. It is recommended that services be described in sufficient enough detail to inform the parties of how, when and from where to where transportation will be provided and, where arrangements for the reimbursement of parents/guardians/other education rights holders are required, the amount and frequency of reimbursement. 

Suspension from the School Bus 

Occasionally pupils receiving special education services are suspended from bus transportation (EC 48900-48927 Suspension or Expulsion). The suspension of a pupil receiving special education services from California transportation can constitute a significant change of placement if the district: 1) has been transporting the student; 2) suspends the student from transportation as a disciplinary measure; and 3) does not provide another mode of transportation (Office of Civil Rights, Letter of Finding Complaint No. 04-89-1236, December 8, 1989).

A significant change in placement requires a meeting of the IEP team to review the pupil's IEP. During the period of any exclusion from bus transportation, pupils must be provided with an alternative form of transportation at no cost to the pupil or parent/guardian/other education rights holder in order to be assured of having access to the required special education instruction and services (EC 48915.5). 

EC 48915.5(c) reads: 

If an individual with exceptional needs is excluded from school bus transportation, the pupil is entitled to be provided with an alternative form of transportation at no cost to the pupil or parent/guardian/other education rights holder provided that transportation is specified in the pupil's individualized education program. (AB 1859, Chapter 492, Statutes of 2002 as amended by AB 685, Chapter 56, Statutes of 2007.) 

The guidelines do not override the general provisions of federal or state law which would require a district to provide transportation in order for a child to benefit from special education. The full guidelines are available on the CDE website at https://www.cde.ca.gov/sp/se/lr/trnsprtgdlns.asp.

Yes, a public charter school is a public school and subject to all special education responsibilities under the IDEA, Section 504 and the ADA.[[34 C.F.R. 300.7.]] Their responsibility naturally extends to assessment for and provision of the full scope of related services, including transportation, as determined necessary for a child through an individualized inquiry such as the IEP process under the IDEA and a similar process under Section 504.

The district’s obligation to provide transportation will depend on why your child requires transportation outside of the district.

When a student is placed at a school outside their own district pursuant to an IEP, presumably because of the unavailability of an appropriate program within the district, either the student’s district or the district in which the school of attendance is located must provide any necessary transportation. Which school district will provide the transportation will likely depend on the terms of the interdistrict attendance agreement negotiated by the two districts to allow the student to attend outside their own district.[[See Cal. Ed. Code Secs. 46600 and following.]] 

When a child attends school in their home district but their related services are delivered at a site not inside the child’s home district, transportation must be provided to and from those services by their home district. When a student attends school within their district but wishes to be dropped off at a location outside the district after school (such as at a relative’s home for childcare or a childcare center), the entitlement is not so clear and would only be ensured if specifically stated in the IEP.

No. So long as your child is eligible for special education and the IEP team determines that they need transportation, they are entitled to receive it.

No. Such a categorical limitation would be inconsistent with the requirement that related services be provided based on individual need. If, because of the child’s disability, they need transportation to attend school, the district must provide it.

No. The parents’/guardians’/other education rights holders’ ability to provide transportation does not relieve the district of its responsibility. The school district must ensure that any transportation service included in a student’s IEP as a related service is provided at public expense and at no cost to the parents/guardians/other education rights holders.[[34 C.F.R. Sec. 300.39.]] In some instances, where the parents/guardians/other education rights holders have agreed, districts have reimbursed parents/guardians/other education rights holders for mileage for providing transportation that the district would otherwise have to provide. In these instances, parents/guardians/other education rights holders should be reimbursed for the total roundtrip mileage at the district’s standard rate.

Occupational Therapy (OT) and Physical Therapy (PT) are discrete related services, defined under state and federal law.[[34 C.F.R. Secs. 300.34(a)(6) & (a)(9); 5 C.C.R. Sec. 3051.6.]] It is not uncommon for these terms to be used together and for students to receive both forms of therapy. Both OT and PT services generally address a student’s gross and fine motor functioning. For example, a student may have difficulty running, walking, throwing, catching or jumping (gross motor); or writing, typing, drawing or buttoning and zipping clothes (fine motor). In addition, a student’s motor functioning may affect independent living skills. If a student is having difficulties with motor functioning in a way that impacts their ability to learn in school, such as difficulty grasping a pencil or using scissors, or to develop daily living skills, such as feeding or dressing, this may be an informal indicator of the need for OT/PT “related services.” 

OT services also address sensory processing skills, which refers to how our nervous systems receive and use sensory information from the environment. Sensory information includes what we see, hear, touch, taste, and position our bodies in space. If a student has difficulties with sensory processing, they may have difficulties navigating the school environment due to over- or under-stimulation. For example, a student may avoid a classroom that has loud noises or bright lights due to their hypersensitivity to visual and auditory information, requiring OT as a related service. 

OT/PT services are affected by California legislation commonly referred to as AB 3632, which shifted responsibility for providing certain related services from districts to other agencies in certain circumstances (in this case, to California Children’s Services (CCS)). Many of the issues that arise concerning OT/PT are discussed in Chapter 9, Information on Inter-Agency Services (AB 3632). Among these issues are the following: 

1. What are the procedures for obtaining OT/PT? 
2. What happens if a student does not meet CCS’ eligibility requirements but still needs OT/PT for educational reasons? 
3. If CCS determines that OT/PT are not “medically necessary,” is the student still entitled to receive OT/PT as related services? If so, who provides it?

Speech and language therapy may be the most frequently requested related service. Speech therapy addresses articulation difficulties, a common disability. Language therapy addresses difficulties with memory, verbal expression, and listening. If your child has any difficulties with speech or language, you should ask the district, in writing, to do a speech and language evaluation. Any student eligible for special education may receive speech and language therapy if they need the service to benefit from special education.

No. Special education students do not have to meet the eligibility criteria for Speech and Language Impairment (SLI) in order to receive speech or language services from the school district. Instead, the school district must use the eligibility requirements for related services that are included in both federal and state law and regulations to determine whether a student needs speech and language services and supports. Related services such as speech and language services are any services that are necessary to help a student benefit from their special education program.[[34 C.F.R. Sec. 300.34(a); Cal. Ed. Code Sec. 56363.]]

In order to qualify for any special education services, a student must have a disability that meets the eligibility criteria of at least one disability category. SLI is one of those categories. The criteria for SLI requires that a student meet very specific functional speech or language benchmarks including low scores on standardized tests. Once a student meets the threshold for special education eligibility regardless of disability category, the district must use the eligibility criteria for related services to determine the need for speech and language services.

No. The frequency of a related service and the amount of time in each session must be individually determined based on your child’s needs at the IEP team meeting. Frequency and amount of time must be written in the IEP.[[20 U.S.C. Sec. 1414(d)(1)(A)(i)(IV); 34 C.F.R. Sec. 300.320(a)(7); 5 C.C.R. Sec. 3051(a)(2); Cal. Ed. Code Sec. 56345(a)(7).]]

In what seems to be a cost-saving measure, districts may offer: 

1. speech and language services in small groups, rather than one-on-one; 
2. “consultation” with staff and not direct delivery of services to the student; or 
3. services provided by speech and language pathology assistants working under the direct supervision of a speech and language pathologist[[C.C.R. Sec. 3051.1(d).]]

While these options may be appropriate for some students, remember that services must be based on the unique needs of your child.[[34 C.F.R. Sec. 300.39.]]

Yes. If your child is non-oral or non-verbal, you may want to ask the district to contract with a non-oral communications specialist to do an assessment, such as an Assistive Technology (AT) or Augmentative and Alternative Communication (ACC) assessment. Depending on the results of the assessment, the IEP team may decide that your child needs specialized services such as a computerized communications device and instruction in using this device in order to benefit from special education. See questions related to Assistive Technology below. 

Yes, if your child needs vision therapy in order to benefit from special education. Vision therapy may include remedial and/or developmental instruction provided directly by, or in consultation with, an optometrist, ophthalmologist, or by another qualified licensed physician or surgeon.[[5 C.C.R. Sec. 3051.75.]]

Yes, if necessary to benefit from special education, counseling services are available to students as follows: 

1. Counseling and guidance services for students who require additional services to supplement the regular guidance and counseling program; 
2. Educational counseling to assist in planning and implementing a student’s immediate and long-range educational program; 
3. Career counseling to assess a student’s aptitudes, abilities, and interests in order to make realistic career decisions; 
4. Personal counseling to help the student develop their ability to function with social and personal responsibility; and
5. Assistance in developing positive behavioral intervention strategies.[[34 C.F.R. Sec. 300.34 (c)(10); 5 C.C.R. Sec. 3051.9.]]

Counseling services must be provided by qualified social workers, psychologists, guidance counselors or other qualified personnel.[[34 C.F.R. Sec. 300.34 (c)(2).]]

Yes, if necessary to benefit from special education. These psychological services are available to students: 

1. Planning, implementing and managing a program of psychological services for a special education student; 
2. Counseling provided by a credentialed or licensed psychologist or other qualified personnel; 
3. Consultation services to students, and other school personnel.[[34 C.F.R. Sec. 300.34 (c)(10); 5 C.C.R. Sec. 3051.10.]]

Other mental health services such as “residential placement” can also be provided.[[34 C.F.R. Sec. 300.104.]]

Yes. Special education law and regulations include these services for parents/guardians/other education rights holders: 

1. Counseling and consultation with parents/guardians/other education rights holders on learning problems and guidance programs;
2. Counseling and training to assist parents/guardians/other education rights holders in understanding the special needs of their child; and,
3. Providing parents/guardians/other education rights holders information on child development.[[34 C.F.R. Sec. 300.34 (c)(10); 5 C.C.R. Sec. 3051.9-11.]]

No, a child does not have to be identified as having any particular special education qualifying disability in order to receive psychological or counseling related services as long as they need these services in order to benefit from special education.[[20 U.S.C. Secs. 1412(a)(3)(B), 1412(a)(5)(B), and 1412(a)(1).]]

School health services are services provided by a qualified school nurse or other qualified person. These services include health and nursing services such as: 

1. Managing a student’s health problems on the school site; 
2. Consulting with students, parents/guardians/other education rights holders, teachers, and others; 
3. Counseling with parents/guardians/other education rights holders and students concerning health problems; and 
4. Providing specialized physical health care services which are necessary during the school day to enable the child to attend school.[[5 C.C.R. Sec. 3051.12.]]

California law defines specialized physical health care services to include “catheterization, tube feeding, suctioning, or other services that require medically related training.”[[Cal. Ed. Code Sec. 49423.5(d).]]

School health services may be provided by qualified school personnel who hold appropriate service credentials with a specialization in health or by a credentialed school nurse or public health nurse.[[Cal. Ed. Code Sec. 49423.5(a)(1).]]

These services may also be performed by designated school personnel who are trained in performing specialized physical health care if: (1) they perform those services under the supervision of a credentialed school nurse, public health nurse, or doctor; and (2) the health care service to be performed is determined by a health care professional in consultation with the student’s doctor that the health service:

1. is routine for the pupil; 
2. poses little potential harm; 
3. is capable of being performed with predictable outcomes; and 
4. does not require the designated school personnel to engage in nursing functions, such as assessment, interpretation, or decision making.

These school personnel must also be competent in CPR and knowledgeable of local emergency medical resources.

Yes. Medi-Cal will pay for and provide a health aide to attend school with your child if the following requirements are met: 

1. Your child has an IEP; 
2. The IEP considers the less restrictive placement for your child to be in school; 
3. Your child is eligible for Medi-Cal or Medi-Cal is already providing your child with an aide in order for your child to receive “life-supporting medical services” at home.

If your child has an IEP and they are eligible for Medi-Cal and would be home because of their health condition, they are entitled to a home health aide funded by the California Health Services to accompany them during the school day and traveling to and from school if they are already receiving the aide through Medi-Cal for life supporting services during that period.[[Cal. Gov’t. Code § 7575(e).]] Life-supporting medical services means services to a student with a disability who is dependent on a medical technology or device that compensates for loss of the normal use of vital bodily function and who requires daily skilled nursing care to divert further disability or death.[[2 C.C.R. Sec. 60400(b).]]

For special education students who do not meet the above requirements to have Medi-Cal pay for a home health aide to attend a student’s school, those students may still be eligible for in-school assistance by a qualified school personnel (i.e., school nurse, physician, etc.) who is trained in providing “specialized physical health care services”.[[Cal. Ed. Sec. 49423.5.]] “Specialized health care services” are health services prescribed by the student’s physician and which services are necessary during the school day to enable your child to attend school.[[5 C.C.R. Sec. 3051.12.]] Examples of such services may include but are not limited to: administering medication, changing or monitoring gastric tube feeding, catheterization, and other services that require medically related training.[[Cal. Ed. Code Sec. §56363(b)(12).]] See Chapter 14, Information on the Rights of Students with Significant Health Conditions.]

No. A student who requires health care services at school should be able to receive such services at the school they would otherwise attend.[[Cal. Ed. Code Sec.49423.5(h).]]

It depends on the nature of the service your child requires because there is a difference between “medical services” and “health services”. “Medical services” are “services provided by a licensed physician.”[[34 C.F.R. Sec. 300.34(c)(5).]] Except for those medical services that are for “diagnostic or evaluation purposes,” districts are not responsible for providing medical services as related services.[[34 C.F.R. Sec. 300.34(a).]] However, if a service can be performed by a school nurse or other qualified person, and is not one that must be provided by a licensed physician, then it is not a medical service. In that instance, a district could provide the service as a health service. Cedar Rapids Community School Dist. v. Garret F., 526 U.S. 66 (1999). ”Health services” are services that are necessary to help a student with a disability attend school. If your child needs the health service to be able to attend school at all, then they need it to benefit from special education.[[Irving Independent School Dist. v. Tatro, 468 U.S. 883, 892 (U.S. 1984).]] Even if the services are expensive or time-consuming, such as continuous nursing services throughout the day, the district must provide them if they are “supportive services” that enable a child to remain at school during the day and provide meaningful access to education.[[Cedar Rapids Community School Dist.; see also Chapter 14, Information on the Rights of Students with Significant Health Conditions.]]

No. Your child’s right to attend school cannot be legally conditioned on your presence. Any such requirement violates the district’s FAPE obligation, because the education is not at public expense if you must commit your personal time.[[34 C.F.R. Sec. 300.17(a).]]

“Related services” should be requested at an IEP meeting and if the IEP Team agrees, the services should be written in your child’s IEP even if the services will not be provided by the district. It is important to write the service into the IEP because it helps to establish that the service is an educational service and necessary for the student’s education. Ultimately, it is the district’s responsibility to provide the related services even if an outside agency stops providing the services.[[34 C.F.R. § 300.154(b)]] 

What the IEP Must Specify about Related Services 

The IEP must state and clearly describe the related services (e.g., “speech therapy”, “OT/PT”, “psychotherapy”, etc.) that your child is to receive in the IEP. The IEP must set out the specific frequency, location, duration, and projected date of the beginning of the service to be provided.[[20 U.S.C. § 1414(d)(1)(A)(i)(IV); 34 C.F.R. § 300.320(a)(7); Cal. Ed. Code § 56345(a)(7).]] The IEP should contain a similar statement describing the same details for any special education and supplementary aids and services that the team determines appropriate for the student as well as for any program modifications and supports to be provided to school personnel to enable the student to advance toward the annual goals, to be involved and make progress in the general education curriculum, and to participate in extracurricular and nonacademic activities.

For example, the IEP should state “speech therapy” and describe the service with a statement like this:  individual instruction in phonology and syntax one time per week, 45-minute session; and small group (1-3 students) instruction one time per week, 45-minute session provided by a credentialed Language, Speech and Hearing Specialist, with supportive group activities on a daily basis in the classroom, provided by the teacher or paraprofessional (instructional aide) in consultation with the Specialist. 

If an IEP contains goals for related services, such as speech articulation progress for speech therapy services, these goals should be written into the IEP in measurable terms along with a description of how progress toward those goals will be measured and what the schedule will be for informing you on the progress your child is making toward those goals.[[34 C.F.R. §§ 300.320(a)(2) & (3); Cal. Ed. §§ 56345(a)(2) & (3)]]

Parents/Guardians/Other Education Rights Holders should reject statements that are vague and not specific. For example, a district will often try to insert a statement like this: “Student will receive speech therapy one to three times per week” or “up to three times per week”. This statement is vague because it does not clearly specify how many times a student will receive therapy and the district can decide to provide speech therapy at most one-time per week.

Similarly, a statement such as: “Student will demonstrate up to three of the targeted skills by June 1,” is also vague because it means that the student will have met the goal as long as they can demonstrate one, or perhaps none, of the three targeted skills. 

Changes to Related Services Require an IEP Meeting 

Changes to the amount of services, projected start date, frequency, location or duration of special education, related services and supplementary aids and services as well as the program modifications and supports for school personnel listed in the IEP cannot be made without holding another IEP meeting, unless you agree to a change being made without a meeting.[[34 C.F.R. §300.324(a)(4); Cal. Ed. Code § 56380.1(a).]] However, if there is no change in the overall amount, projected start date, frequency, location and duration, some adjustments in scheduling the services can be made without holding another IEP meeting (based on the professional judgment of the service provider). The district should notify the parents/guardians/other education rights holders whenever this occurs.

Yes. The education program for all students in special education must be based on individual needs.[[34 C.F.R. §300.39(a)]] Any student who meets the eligibility requirements for special education is entitled to the related services needed to help the child benefit from special education.[[34 C.F.R. § 300.17]]

Special education law favors placement in general education classrooms whenever possible.[[20 U.S.C. § 1412(a)(5)(A); 34 C.F.R. § 300.114(a)(2)(i)]]. Students are thus entitled to receive supportive services that will enable them to access their education in a general education classroom environment.[[Cal. Ed. Code § 56364.2 See Chapter 7, Information on Least Restrictive Environment.]] Students with disabilities who are not eligible for special education under the IDEA, but who qualified for services under Section 504 of the Rehabilitation Act of 1973 (See Chapter 16 Information on Section 504 and Disability-Based Discrimination) are also eligible for related aids and services designed to meet their individual educational needs.[[34 C.F.R. § 104.4); Cal. Gov. Code § 11135]]

Yes. IEPs should include linguistically appropriate goals, objectives, programs and services.[[Cal. Ed. Code Sec. 56345(b)(2).]] For services, this can include activities that lead to the development of English proficiency and instruction systems that meet English Learners’ language development needs.[[5 C.C.R. Sec. 3001(m).]]

The law does not limit the list of related services to those listed in the federal regulations or California Education Code. Related services may include any service necessary for a special education student to benefit from their education.[[34 C.F.R. §. 300.34(a); Cal. Ed. Code § 56363(a).]] For example, a paraprofessional might be required to help a student with significant physical disabilities perform educational tasks (such as note taking), or to assist with behavioral management for a student with significant behavior problems. Therefore, the district must provide a paraprofessional if your child needs an aide to benefit from their education, including situations where your child needs an aide to assist them in a general education classroom.

Paraprofessional (Instructional Aide) Qualification Requirements 

A paraprofessional assisting as an instructional aide must have a high school diploma or equivalent and meet ONE of the following requirements: (1) complete at least two years of study at an institute of higher education; (2) possess an associate’s degree or higher; or (3) satisfied local or state assessment establishing knowledge of, and ability to assist in, instructing reading, writing, and mathematics.[[Cal. Ed. Code §§45330(c); 45353]] Paraprofessionals assisting students with disabilities must be trained and have the specific knowledge and skills to do so.[[34 C.F.R. §300.156(b)]] Thus, a paraprofessional must be qualified to perform the duties needed to implement a student’s IEP. For example, if the purpose of the paraprofessional is to provide behavioral support to your child in the classroom, you should make sure that you have the district write into the IEP that the paraprofessional must be “trained in behavior modification” as well as the frequency, location, duration and type of services the paraprofessional will provide. At no point may a district hire a paraprofessional who does not possess the required qualifications. The district cannot waive the qualifications for a paraprofessional on an emergency, temporary or provisional basis.[[34 C.F.R. Secs. 300.18(b)(3) & 300.156(b)(2).]]

If you believe the paraprofessional assisting your child does not meet the requirements under the law, you should state your concerns in writing to the district and if your concerns are not resolved you may file a compliance complaint with CDE see Chapter 6, Information on Due Process /Compliance Procedures.

Best practice is to address the possibilities of absences at the very beginning during an IEP Team when related services are being added or considered. The IEP team could then plan for, and set out in the IEP, what will happen if a related service provider is absent. 

Advance planning is most critical in the case of services that are necessary in order for your child to attend school (such as transportation or school health services) or to attend school safely (such as a behavioral aide). It is not acceptable for a child to miss school or be denied the right to participate in special activities like field trips due to the district’s failure to provide a necessary service. Even if the district is contracting out these services to another agency, the district remains responsible to ensure your child is receiving the services as written in the child’s IEP.[[34 C.F.R. § 300.154(b)(2)]] It is critical that the district has plans for ensuring that a substitute provider will be available.

If a service provider is absent, you should immediately request the district for a substitute. If the district fails to provide a substitute, you should request an IEP meeting and have all absences recorded in the IEP meeting notes and ask the district how it will make up the impact of the absences. Districts must provide services specified in a student’s IEP. When the district (or a public or private agency provider) fails to do so, you may file a compliance complaint with the CDE.[[See Chapter 6, Information on Due Process/Compliance Procedures.]]

All school districts are required to provide special education and to provide related services consistent with students’ IEPs.[[20 U.S.C. Sec. 1412(a)(1)]] School districts cannot use the excuse of staffing shortages to avoid or to stop providing your child with services required by your child’s IEP.

If the school district is not providing your child with the related services in their IEP, or is attempting to remove them, due to staffing shortages in violation of their right to FAPE, you have the right to file for a Due Process hearing or a noncompliance complaint with the California Department of Education. See SERR Chapter 6, Information on Due Process/Complaint Complaints. 

If your child is not receiving their related services because of insufficient staffing, you should request an IEP meeting to discuss how the district will make up the IEP services your child has missed and how they will identify a new, qualified provider. The IEP team cannot remove a related service from your child’s IEP because they do not have appropriate staff. If this occurs, you do not have to consent and may attach a written dissent to the IEP document to make your position clear.[[Cal. Ed. Code Sec. 56346.]] The school district must then provide you with written notice (“Prior Written Notice”) explaining its decision. See Chapter 4, Information on the IEP Process.

Yes. Districts are required to pay for any supportive service which is “educationally necessary” or necessary for a student to “benefit from” special education.[[Cal. Ed. Code Sec. 56363(a); 34 C.F.R. Sec. 300.34(a).]] Examples include parent/guardian/other education rights holder training or counseling, recreation, complicated health services, etc. Because these services may be more costly or are not commonly provided, districts may resist offering them. Lack of funds or the availability of a needed service cannot be used to deny services.[[34 C.F.R. §§ 300.17(a); 300.39(a)]] You should be prepared to use a report from an independent expert to support your child’s need for related services.[[For information on obtaining independent assessments at public expense, see Chapter 2, Information on Evaluations/Assessments.]]

No. Students who need residential placement for educational purposes are entitled to such placements and the child’s school district is responsible for their residential placement. The law does not require a specific special education qualifying condition for the receipt of residential placement.[[34 C.F.R. § 300.104]]

If the IEP team placed your child at a non-religious, non-public school (NPS), the district is obligated to ensure that the NPS provides the child with the appropriate related services as written in the child’s IEP.[[34 C.F.R. § 300.146; Cal. Ed. Code §§56034; 56366(5)]] If the NPS cannot provide the services, the district must make the services available to your child. This may require delivery of services at the NPS site.

If you “unilaterally” place your child at a non-public school without the consent of the IEP team, your child has no individual right to special education and related services.[[34 C.F.R. Secs. 300.137(a); 300.139.]] For purposes of this question, a non-public school is a private school that can be religious. This question is not addressing non-public schools certified by the California Department of Education to educate students with specific disabilities or needs.

For students unilaterally enrolled in a non-public school by their parents/guardians/other education rights holders, a district is still responsible for full implementation of its “child-find” and assessment duties, but has extremely limited obligations for providing related services.[[34 C.F.R. Secs. 300.131-132. see also Chapter 4, Information on IEP Process.]] This means that a student may receive a different, and significantly smaller, amount of services than a child in a public school. The amount of money spent on these students will be limited to a proportionate share of the federal dollars received by the district (based on the number of these students there are in the district).[[34 C.F.R. Secs. 300.133 - 138.]]The services the district provides will be written in a service plan, not an IEP. The district makes the final decisions with respect to the specific services after consultation with local non-public school officials.[[34 C.F.R. Sec. 300.137(b).]] If a related service is agreed to in the child’s service plan by a school district and transportation is necessary for a student to benefit from, or participate in one of these services, the district must also provide the necessary transportation.[[34 C.F.R. Sec. 300.139(b).]]

Similarly, if your child currently has an IEP through their district but you decide to “unilaterally” transfer and place your child at a non-public school without the consent of the IEP team, the district will not be obligated to provide your child with the special education and related services being offered to them pursuant to their IEP.[[34 C.F.R. Sec. 300.137(a)]] To avoid that result from occurring, you could advocate for the IEP team to agree to the placement of your child at the non-public school and write that into the IEP before unilaterally placing your child at the non-public school. This way the district will still be required to either ensure the non-public school will provide your child with the services that are in their IEP or the district will have to make other arrangements to ensure your child receives those services. 

If you unilaterally placed your child in a NPS and if the district refuses to provide you with any or some services through an individual services plan, you do not have the right to challenge a school district’s refusal through due process.[[34 C.F.R. Sec. 300.140.]] You may, however, file a compliance complaint with CDE to challenge issues such as the district’s failure to implement its child-find or assessment responsibilities or to consult with local NPS officials in determining the nature and scope of its limited service responsibilities.[[34 C.F.R. Sec. 300.139, 300.140; see also Chapter 6, Information on Due Process/Compliance Procedures.]]

Yes. If your child has behaviors which interfere with your child's or another child's learning, federal law requires the IEP team evaluate and consider which behavior supports and strategies and other services are needed so that your child can benefit from education in the least restrictive environment (LRE).[[34 C.F.R. §. 300.324(a)(2), (b)(2).]] Write a letter to your child’s school informing them of their duty to have goals and services related to your child’s behavioral needs in their IEP. 

The District has to provide the type of assessment, plan, services or supports that your child's IEP team determines are necessary to help your child with their behavior in school so your child can benefit from education and not have to move to a more restrictive setting, such as a special day class or day treatment program. 

Your child’s IEP should include a statement of the special education and related services and supplementary aids, and services to be provided to your child, and a statement of measurable annual behavior goals designed to address your child's behavior needs.[[34 C.F.R. Sec. 300.320(a)(2), (4)]] If behavior is getting in the way of your child learning or remaining in a general classroom or less restrictive setting, their IEP should contain a statement of the behavioral support services they need.[[Cal. Ed. Code Sec. 56364.2]]

If your child's school agrees that your child has behavior needs and the IEP does not include supports or strategies to address the behavior and/or does not state goals related to your child's behavior, you should first write a letter to your school informing them of their duty to develop behavioral goals and services in your child’s IEP, and if you don’t hear from them, then you should consider filing a compliance complaint with the California Department of Education (CDE). If your child's IEP contains services, supports or strategies to address these behavioral needs but they have been ineffective, your district should call for an IEP. However, you can request an IEP yourself to address your child’s lack of progress. You may consider filing a due process hearing request.[[See Chapter 1, Information on Basic Rights; Chapter 6, Information on Due Process/Compliance Procedures. Chapter 15, Information on the Rights of Students with Behavioral Needs and Students Who are Bullied.]]

Behavioral assessments and positive behavioral interventions are required as part of an IEP.[[34 C.F.R. Sec. 300.324(a)(2)(i); Cal. Ed. Code Sec. 56341.1(b)(1).]] Districts are required to provide positive behavioral interventions and supports to address a student’s behavior that is interfering with the student’s ability to access their education or if the student’s behavior is impacting other students.[[20 U.S.C. Sec. 1414(d)(3)(B).]] To figure out what type of behavior supports a student requires, a district must conduct assessments. A Functional Behavior Assessment (FBA) is one type of assessment that is conducted by a Board-Certified Behavior Analyst (BCBA). An FBA helps identify what the behavior is, why it is occurring, and how teachers, staff, and others can effectively respond to the student’s behavior through a Behavior Intervention Plan (BIP).

If your child is displaying behaviors in school that are impacting their ability to learn or engage with others, you should make a request in writing to your child’s IEP Team or the district asking them to conduct an FBA. Your request should also describe what type of behaviors your child is displaying and why you believe your child needs to be assessed for a BIP.[[See Chapter 15, Information on the Rights of Students with Behavioral Needs and Students Who are Bullied.]]

If your child has serious behaviors (such as elopement, fights, disrupting class or hurting themselves) that interfere with their learning or another child's ability to learn or have caused their placement in a general education classroom or less restrictive educational setting to be at risk, you should make a written request for an IEP meeting to determine which assessments and supports and services your child needs to address their behavior in a positive way. Services that the IEP team should consider include a detailed functional behavioral assessment, a behavior support plan, and if appropriate, a positive behavior intervention plan, a one-to-one behavioral aide, parent/guardian/other education rights holder and/or teacher training and consultation with a behavior specialist, counseling, social skills, anger management, and/or other services and strategies that you believe your child needs.

Before the IEP meeting, you may want to make a written request for a functional behavioral assessment, especially if the school has developed a behavioral support plan or used other behavioral strategies that have not worked to improve your child's challenging behavior. This assessment should be designed to obtain detailed information about your child's behavior (such as a detailed description of the behavior, how often it happens, how long it lasts, where it happens, and what happens just before and after your child engages in the challenging behavior) and your child's learning environments to help the IEP team determine why your child is engaging in challenging behavior and what can be done about it.

The school has 60 days from when you sign an assessment plan that includes a functional behavioral assessment to perform the assessment and to hold another IEP meeting to discuss the results of the assessment and to determine what services, supports and other positive behavior strategies your child needs.[[Cal. Ed. Code Sec. 56344(a)]]

If the school district conducts a Functional Behavior Assessment of your child but you do not think the assessment is helpful in determining what kinds of behavioral supports or services your child needs, or you disagree with the school district's assessment for other reasons, we recommend that you request an independent educational evaluation (IEE) at public expense.[[34 C.F.R. Sec. 300.502; Cal. Ed. Code Sec. 56329(b).]]

You should make this request in writing to the school district and try to explain the specific parts of the assessment or the methods used to conduct the assessment that you disagree with. If you make a request for an IEE, the district is required by law to either agree to pay for this assessment or file for a due process hearing to show that the district's assessment is "appropriate."[[34 C.F.R. Sec. 300.502; Cal. Ed. Code Sec. 56329(b); see Chapter 15, Information on the Rights of Students with Behavioral Needs and Students Who are Bullied.]]

School districts can only use emergency interventions when: 

1. a student with a disability engages in unpredictable, spontaneous behavior; and 
2. the behavior presents a danger of serious physical harm to the student with a disability or others; and 
3. the dangerous behavior cannot be immediately prevented by a less restrictive response than the emergency intervention.[[Cal. Ed. Code Sec. 56521.1(a).]]

School districts must never substitute the use of behavioral emergency interventions for positive behavioral interventions.[[Cal. Ed. Code Sec. 56521.1(b).]] The school can use an emergency intervention such as physical restraint on your child only as long as needed to control the dangerous behavior and only use the amount of force that is reasonable and necessary under the circumstances.[[Cal. Ed. Code Sec. 56521.1(b)-(c).See also Chapter 15, Information on the Rights of Students with Behavioral Needs and Students Who are Bullied.]]

Districts are prohibited from using types of interventions which are harmful to a student's health or welfare such as interventions which likely cause pain, which deny a student adequate sleep, food, water, shelter, bedding, physical comfort, or access to bathroom facilities; or which are likely to subject your child to verbal abuse, ridicule or humiliation; or which can be expected to cause your child excessive emotional trauma.[[Cal. Ed. Code Sec. 56521.1(d).]] 

If you believe that your child's school is using one of the unlawful types of interventions on your child such as repeatedly using restraint or seclusion or other intervention on them or calling the police without providing your child with an individualized positive behavior support, you should consider 1) filing a complaint with the California Department of Education (CDE) or 2) contacting an advocate or special education attorney.[[See also Chapter 15, Information on the Rights of Students with Behavioral Needs and Students Who are Bullied.]]

If the school district uses emergency behavior interventions on your child, the school district must:

1. Notify you of this within one school day;
2. Immediately complete a “Behavior Emergency Report” (BER) that must include the following: 
   • The name and age of your child; 
   • The setting and location of the incident; 
   • The name of the staff or other persons involved; 
   • A description of the incident and the emergency intervention used, and whether your child currently has a Behavior Intervention Plan (BIP); and
   • Details of injuries experienced by the child.[[Cal. Ed. Code Sec. 56521.1(e).]]

The district must place the BER in your child's file.[[Cal. Ed. Code Sec. 56521.1(e).]] The district is not required to give you a copy of this report unless you request it. You should make a written request for this report if you learn that an emergency behavior intervention was used on your child. 

If the school district used an emergency intervention on your child and your child does not have a BIP, then the school district must schedule an IEP meeting within two days of the emergency intervention to determine whether a Functional Behavioral Assessment is needed and to determine whether your child needs an emergency behavior plan while the assessment is being done.[[Cal. Ed. Code Sec. 56521.1(g).]] If your child already has a positive behavior intervention plan, the district must schedule an IEP meeting to review and possibly change this plan if the school has used an emergency behavior intervention on your child because your child has engaged in behavior not covered in the plan or your child's plan has not been effective in addressing the behavior.[[Cal. Ed. Code Sec. 56521.1(h).]] If you are informed that your child's school used a behavioral emergency intervention on your child such as restraint or seclusion, you should remind the school district of their obligation to schedule an IEP meeting to develop a new or modified behavior support plan for your child. If the school district does not do this, we recommend that you file a compliance complaint.[[See also Chapter 15, Information on the Rights of Students with Behavioral Needs and Students Who are Bullied.]]

The California Department of Education (CDE) has published a detailed question and answer memo that addresses the local educational agency’s (LEA’s) requirements related to providing behavioral assessments and services. It is available online at: https://www.cde.ca.gov/sp/se/ac/bipleafaq.asp.

An assistive technology (AT) device is any item, piece of equipment, or product system (whether acquired commercially off the shelf, modified or customized) that is used to increase, maintain, or improve the functional capabilities of students with disabilities.[[34 C.F.R. Sec. 300.5; Cal. Ed. Code Sec. 56020.5.]] Assistive technology does not include a medical device that is surgically implanted in a person.

Assistive technology service means any service that directly assists a student with a disability in the selection, acquisition, or use of an assistive technology device.[[34 C.F.R. Sec. 300.6; Cal. Ed. Code Sec. 56020.5.]] It includes:

1. Evaluating the needs of a student with a disability, including a functional evaluation of the child in the child’s customary environment;
2. Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by students with disabilities;
3. Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing or replacing assistive technology devices;
4. Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs; 
5. Training or technical assistance for a student with a disability or, if appropriate, that student’s family; and 
6. Training or technical assistance for professionals (including individuals providing education or rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of the student.[[34 C.F.R. Sec. 300.6; 5 C.C.R. Sec. 3051.19.]] 

The list of items or services which can constitute AT under IDEA is quite broad. As a general rule however, school districts are not responsible for providing personal devices such as eyeglasses or hearing aids that a child with a disability requires unless however the child’s IEP Team determines that the child requires such personal device to access or benefit from their education and receive a free and appropriate education (FAPE). In that instance, the district must pay for the personal device at no cost to the student’s parent/guardian/other education rights holder.[[Office of Special Education Programs (OSEP), Letter to Bachus, 22 IDELR 629 (OSEP 1995); Letter to Seiler, 20 IDELR 1216 (OSEP 1993); see also Fed. Reg. Vol. 71, No. 156, p. 46581, 8/14/06.]]

Medication, however, has specifically been excluded from consideration as an AT or service.[[64 Fed. Reg. 12540 (3/12/99).]] OSEP has stated that AT encompasses both a disabled student’s own personal needs for devices (for example, electronic note takers, cassette recorders, computers, etc.), as well as access to general technology devices used by all students. Therefore, if an eligible student is unable, without a specific accommodation, to use a technology device used by all students, the agency must ensure that the necessary accommodation is provided. Further, districts must ensure that students, teachers, and other personnel receive the necessary in-service instruction on the operation and maintenance of technology.[[64 Fed. Reg. 12540 (3/12/99).]]

A determination of whether an AT device or service is needed as a related service under IDEA follows the basic legal mandates for providing a student with a disability a free and appropriate public education (FAPE).  It includes a determination of whether the device or service is necessary to assist the student in benefitting from their education, and/or whether the device or service is necessary to fulfill the district’s obligation to educate students with disabilities in the general education environment unless “the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily”.[[20 U.S.C. Sec. 1412(a)(5)(A).]] Even if assistive technology devices or services are not included in your child’s IEP as related services, a school district must consider whether your child needs them as one of the potential special factors which IEP teams must consider for all special education students in the development of IEPs.[[34 C.F.R. Sec. 300.324(a)(2)(v). Cal. Ed. Code Sec. 56341.1.]]

Yes. If the IEP team determines your child has a need for AT equipment, they must consider your child’s need for AT at school, home, or other places in the development of the IEP.[[34 C.F.R. Sec. 300.324(a)(2)(v); Cal. Ed. Code Sec. 56341.1(b)(5).]] The district must permit your child to use school-purchased assistive technology devices at home or in other settings, if the team determines that the child needs access to those devices in non-school settings in order to receive a free and appropriate public education (FAPE) for example, to complete homework.[[34 C.F.R. Sec. 300.105(b).]]

Although most assistive technology equipment is not expensive, one of the most frequent barriers to providing AT devices is cost and the question of who is responsible for purchasing the equipment. Under federal law, districts are responsible for providing (and funding) all services necessary to provide a student with a disability with FAPE, including assistive technology, at no cost to the parent/guardian/other education rights holder.[[34 C.F.R. Sec. 300.105(a).]] However, although the district may own the devices, the parent/guardian/other education rights holder may be liable for loss, theft, or damage due to negligence or misuse of equipment used at home or in other settings. 

No. All special education students are entitled to an appropriate program. That is, an individualized program of specialized instruction and related services designed to meet a student’s unique needs and which results in educational benefit.[[Board of Education v. Rowley, 102 S. Ct. 3034 (U.S. 1982).]]

If your child is receiving home instruction and related services through the IEP process, the school district cannot set an arbitrary limit on the amount of home instruction and services to be provided. The IEP team must base its decision-making on an individualized assessment of your child’s placement and related services needs. 

An arbitrary limit of deciding between one or two hours per day of home instruction without individualized assessment of the placement and related services is not designed to your child’s unique needs. Therefore, any home instruction program, including the need for related services, must be individually developed at an IEP team meeting.[[See Chapter 4, Information on IEP Process.]]

Sample Letter Requesting a Functional Behavioral Assessment and IEP meeting: 

Parent/Guardian/Other Education Rights Holder 
Address 
Telephone Number 

Date 
Name 
Director of Special Education 
Local Unified School District 
Address 
Re: Child's Name 

Dear Director of Special Education: 

I am writing to refer my child for a functional behavior assessment. My child has behaviors that interfere with his/her/their learning and other children's ability to learn. Furthermore, the intervention strategies that are currently in my child's IEP have been ineffective at addressing these behaviors. 

I look forward to receiving an assessment plan in 15 days pursuant to Education Code Sec. 56321(a) for the revision of my child’s IEP. I understand that you are required to complete the assessment and hold an IEP meeting to discuss the assessment within 60 days of the date that you received the signed assessment plan pursuant to Education Code Sec. 56344(a). 

Please provide me with copies of the assessment reports one week before the IEP meeting so that I can meaningfully participate in that meeting. 

Sincerely, 
Parent/Guardian/Other Education Rights Holder(s) 

Sample Letter to School District Requesting an Independent Functional Behavioral Assessment at Public Expense 

Parent/Guardian/Other Education Rights Holder(s) 
Address 
Telephone Number 

Date 
Name, Director of Special Education Local Unified School District 
Address 

Re: Child's Name 

Dear Director of Special Education: 

We have received the assessment of our child that was completed by district personnel on [insert date of assessment]. We disagree with this evaluation because it does not include an adequate functional behavioral assessment of our child. Since we believe the current evaluation does not show an accurate picture of our child's behavioral needs, including the function of our child's behavior and the environmental factors which may contribute to that behavior, we are requesting an independent functional behavioral assessment at public expense, pursuant to 34 C.F.R. Sec. 300.502 and California Education Code Sec. 56329. 

We disagree with the assessment because: 

[include any reasons you disagree with the assessment, including one or more of the following statements if they apply:] 

The observations, interviews and other data that the assessment was based on are not sufficiently comprehensive to identify the function or purpose of my child's behavior and address all of my child's behavioral needs. 

The assessment does not include an analysis of the antecedents (events happening just before) and consequences (events happening as a result of my child's challenging behavior and/or of my child's positive alternative behavior) and therefore does not directly assist the IEP team in developing or modifying a positive behavior intervention plan for my child. 

The assessment was not conducted by staff who are trained or experienced in conducting a functional behavioral assessment. 

Federal regulations require you to respond to this request "without unnecessary delay" by either ensuring that you provide my child with an independent educational evaluation at public expense or filing a due process complaint notice to request a hearing and to prove that your functional behavior assessment is appropriate.[[34 C.F.R. section 300.502(b).]]

We look forward to working with you collaboratively to agree on a qualified independent assessor and begin to move ahead with the independent functional behavior assessment in accordance with federal and state assessment requirements. 

Please respond to this request as soon as possible. 

Sincerely, 
Parent/Guardian/Other Education Rights Holder(s)