Chapter 5: Information on Related Services

(5.1) What are related services?

Related services are any services that are necessary to help a student benefit from her 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).]

(5.2) How does federal special education law define related services?

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:
   1. Identification of children with hearing loss;
   2. 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;
   3. Creation and administration of programs for prevention of hearing loss;
   4. Counseling and guidance of children, parents, and teachers regarding hearing loss; and
   5. 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 –
   1. 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
   2. 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:
   1. Services provided by a qualified occupational therapist; and includes:
      1. Improving, developing, or restoring functions impaired or lost through illness, injury, or deprivation;
      2. Improving ability to perform tasks for independent functioning if functions are impaired or lost; and
      3. Preventing, through early intervention, initial or further impairment or loss of function.
7. Orientation and mobility services means:
   1. 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
   2. Includes teaching students the following, as appropriate:
      1. 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); 
      2. 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;
      3. To understand and use remaining vision and distance low vision aids; and
      4. Other concepts, techniques, and tools.
8. Parent counseling and training means:
   1. Assisting parents in understanding the special needs of their child
   2. Providing parents with information about child development;
      and
   3. Helping parents 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:
    1. Administering psychological and educational tests, and other assessment procedures;
    2. Interpreting assessment results;
    3. Obtaining, integrating, and interpreting information about child behavior and conditions relating to learning;
    4. 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;
    5. Planning and managing a program of psychological services, including psychological counseling for children and parents; and
    6. Assisting in developing positive behavioral intervention strategies.
11. Recreation includes:
    1. Assessment of leisure function;
    2. Therapeutic recreation services;
    3. Recreation programs in schools and community agencies;
       and
    4. 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 disability to receive 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:
    1. Preparing a social or developmental history on a child with a disability;
    2. Group and individual counseling with the child and family;
    3. Working in partnership with parents and others on those problems in a child’s living situation (home, school, and community) that affect the child’s adjustment in school; 
    4. Mobilizing school and community resources to enable the child to learn as effectively as possible in her educational program; and
    5. Assisting in developing positive behavioral intervention strategies.
15. Speech-language pathology services includes:
    1. Identification of children with speech or language impairments;
    2. Diagnosis and appraisal of specific speech or language impairments;
    3. Referral for medical or other professional attention necessary for the habilitation of speech or language impairments;
    4. Provision of speech and language services for the habilitation or prevention of communicative impairments; and
    5. Counseling and guidance of parents, children, and teachers regarding speech and language impairments.
16. Transportation includes:
    1. Travel to and from school and between schools;
    2. Travel in and around school buildings; and
    3. Specialized equipment (such as special or adapted buses, lifts, and ramps), if required to provide special transportation for a child with a disability.

(5.3) Does California provide the same related services that are available under federal law?

In California, the list of related services known in California 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 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.]
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.  [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.]

(5.4) Are school districts responsible for the provision, care or replacement of a child’s surgically implanted device such as a cochlear implant?

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).]

(5.5) Do parents have to pay for related services?

All related services must also be provided without any charge to the parent.  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.]  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 his special education, the school district is responsible for providing the therapy services even if that means contracting for them. [34 C.F.R. Sec. 300.154(b).] Disputes regarding related 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, and Chapter 9, Information on Inter-Agency Services (AB 3632).]

(5.6) What is the difference between “related services” and “designated instruction and services” (DIS)?

“Designated instruction and services” (DIS) is California’s version of the term “related services.”  [5 C.C.R. Sec. 3051; Cal. Ed. Code Sec. 56363.]  California’s definition of DIS basically follows the federal definition of related services. A student’s entitlement to special education and related services is a right established under federal law and state law cannot be applied to deny services to which a child would be entitled under federal law.

(5.7) What does “required to assist a child with a disability to benefit from special education” mean?

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 she will benefit from the service, or even if she requires the service.  The service is only “related” if it is necessary to help her benefit from educational instruction.

(5.8) What is an example of a needed service that is not “related” to education?

A student and her family could require social work services because of problems at home. However, she is progressing appropriately in school in spite of the problems. The student needs the service, but not for educational reasons.  If she were not performing appropriately in school as a result of family problems, social work services could be “related” to her ability to succeed in school. In that case, the services would be the district’s responsibility.

(5.9) When can my child get transportation as a related service?

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, she cannot benefit from her education there.  If a student cannot get to school on her own because of the physical or cognitive characteristics of her disability (even though she 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.  [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 on March 7, 2016, 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 [Title 5, C.C.R. 3001(g)] 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 Cal. Ed. Codesection 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:

1. when the pupil needs the use of adaptive or assistive equipment;
2. when school bus equipment is required to be modified;
3. when the pupil exhibits severe behavioral difficulties and a behavior intervention plan is to be implemented;
4. when the pupil is medically fragile and requires special assistance; and/or
5. 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 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 driving with a parent's 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 are required, the amount and frequency of reimbursement.

Suspension from the School Bus

Occasionally pupils receiving special education services are suspended from bus transportation (Cal. Ed. Code 48900-48900.7, Grounds for Suspension). 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 or guardian in order to be assured of having access to the required special education instruction and services [Cal. Ed. Code 48915.5.]

Cal. Ed. Code 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 or guardian 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 http://www.cde.ca.gov/sp/se/lr/trnsprtgdins.asp

(5.10) If my child is in a charter school, can she get transportation and all related services?

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.

(5.11) Can the district refuse to provide out-of-district transportation for my child?

When a student is placed at a school outside her 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 her own district.  [See Cal. Ed. Code Secs. 46600 and following.] 

When a child attends school in her home district but her related services are delivered at a site not inside the child’s home district, transportation must be provided to and from those services by her home district. 

When a student attends school within her 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. 

(5.12) Can the district stop providing transportation if my child attends regular classes?

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

(5.13) Can a district limit transportation only to those students who live at least a specified minimum distance from their school site (for example, two miles)?

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, she needs transportation to attend school, the district must provide it.

(5.14) Can a district require parents to provide transportation if they are able?

No. The parents’ 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.  [34 C.F.R. Sec. 300.39.]  In some instances, where the parents have agreed, districts have reimbursed parents for mileage for providing transportation that the district would otherwise have to provide.  In these instances, parents should be reimbursed for the total roundtrip mileage at the district’s standard rate.

(5.15) When can my child get occupational or physical therapy as a related service?

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.  Occupational Therapy/Physical Therapy 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, drawing or buttoning and zipping clothes (fine motor).  In addition, a student’s motor functioning may affect independent living skills.  If a student of average intelligence has verbal skills that are higher than motor skills, or if a student with significant disabilities has difficulty with daily living skills such as feeding or dressing, this may be an informal indicator of the need for OT/PT “related services.”

Occupational Therapy/Physical Therapy 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?

(5.16) When can my child get psychological counseling or other mental health services as a related service?

Psychological counseling and other mental health services, including psychotherapy, may be available when your child’s emotional status has a negative effect on her educational performance and are required for the child to benefit from special education.  Other mental health services such as “residential placement” can also be provided.  [34 C.F.R. Sec. 300.104.]

(5.17) Can the school district deny speech or language services to my child by using the speech and language eligibility criteria for special education serviced?

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 service from the school district. 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 her 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.

(5.18) When can my child get speech or language therapy as a related service?

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 she needs the service to benefit from special education. 

(5.19) Can the district limit speech, occupational, or physical therapy sessions available per week because it only has one therapist on staff?

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 classroom staff rather than a speech and language pathologist. 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.]

(5.20) Can my child get communication services and equipment if she is non-oral or nonverbal?

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.  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.

(5.21) Can my child receive vision therapy as a related service?

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.]

(5.22) Can my child get counseling services?

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 the student’s ability to function with social and personal responsibility
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).]

(5.23) Can my child get psychological services?

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.]

(5.24) Are there any counseling or training services that a parent can get through the school district?

Yes. Special education law and regulations includes these services for parents:

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

(5.25) Does my child have to be identified as “emotionally disturbed” in order to receive psychological or counseling services?

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 he needs 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).]

(5.26) What are school health services?

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, teachers, and others;
3. Counseling with parents 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).]

(5.27) Who is responsible for providing health services?

These services may be provided by school personnel and with the necessary services credential with a specialization in health or by a school nurse.  [Cal. Ed. Code Sec. 49423.5(a)(1).]  They may also be performed by designated school personnel who are trained in performing a specialized physical health care service when two conditions are met: first, the school personnel are supervised by a school nurse; doctor, or public health nurse, and second, the health care service is determined by that health care professional:

1. to be routine for the pupil;
2. pose little potential harm;
3. capable of being performed with predictable outcomes; and
4. 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. 

(5.28) My child needs a home health aide in order to attend school. Can she have the aide funded by a noneducational agency?

If your child has an IEP and she is eligible for Medi-Cal and would be at home because of her health condition, she is entitled to a home health aide funded by the California Health Services to accompany her during school day and travelling to and from school if she is already receiving the aide through Medi-Cal for life-supporting services during that period. [Cal. Gov. Code Sec. 7575(e).]  Life-supporting medical services means services to a pupil 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 these conditions, specialized physical health care needs are to be provided by the responsible local district.  [Cal. Ed. Code Secs. 49423.5 & 56363(b)(12); 5 C.C.R. Sec. 3051.12. See Chapter 14, Information on the Rights of Students with Serious Health Conditions.]

(5.29) Must my child attend a certain specialized or designated school site in order to receive needed health care services at school?

No, it is the intent of the California Legislature that special education students are not placed at school sites other than those they would attend but for their need for specialized physical health care services.  [Cal. Ed. Code Sec. 49423.5(h).]

(5.30) My child needs health services in order to attend school, but the district told me it does not have to provide such services because they are “medical.” Is this true?

The distinction between “medical services” and school “health services” is important.  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).]  “Medical services” are defined in federal law as “services provided by a licensed physician.”  [34 C.F.R. Sec. 300.34(c)(5).]  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. [Cedar Rapids Community School Dist. v. Garret F., 526 U.S. 66 (1999).]

Districts must provide health services that are not medical services if they are related services.  A health service is a related service if it is necessary to help a child with a disability benefit from special education.  If your child needs the health service to be able to attend school at all, then she needs 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 Serious Health Conditions.]

(5.31) Can the district require me to attend school with my child to perform health-related services?

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).]

(5.32) What must be written in my child’s IEP concerning related services?

Related services should be requested at an IEP meeting and, if determined appropriate, written in your child’s IEP even if the services will not be provided by the school district.  It is important to write the service into the IEP because it helps to establish that the service is an educational service. Ultimately, it is the responsibility of the school district to provide the services should any other agency ever stop the service but the child still needs it.  [34 C.F.R. Sec. 300.154(b).]

In addition, it is not enough merely to list related services (e.g., “speech therapy”, “OT/PT”, “psychotherapy”, etc.) that your child is to receive in the IEP. 

The IEP must also set out the specific frequency, location, and duration of the service to be provided.  [20 U.S.C. Sec. 1414(d)(1)(A)(i)(IV); 34 C.F.R. Sec. 300.320(a)(7); Cal. Ed. Code Sec. 56345(a)(7).]

Changes to the amount of services 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. Sec. 300.324(a)(4); Cal. Ed. Code Sec. 56380.1(a).]  However, as long as there is no change in the overall amount, some adjustments in scheduling the services should be possible (based on the professional judgment of the service provider) without holding another IEP meeting.  You should be notified whenever this occurs.

You should clearly describe in the IEP the services required.  Instead of “speech therapy,” the statement might include:  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. Secs. 300.320(a)(2) & (3); Cal. Ed. Code Secs. 56345(a)(2) & (3).]

Parents should make sure that the goals and services requested are written specifically into the IEP and do not include conditions of inappropriate ranges or time periods.  A statement such as: “Student will receive speech therapy one to three times per week” or “up to three times per week” will only entitle the student to receive 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” means that the student will have met the goal as long as he can demonstrate one, or perhaps none, of the three targeted skills.

(5.33) If my child is placed full time in a regular classroom is she entitled to receive related services?

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

Special education law favors placement in regular classrooms whenever possible.  [20 U.S.C. Sec 1412(a)(5)(A); 34 C.F.R. Sec. 300.114(a)(2)(i).]  Students are entitled to the supportive services that enable them to attend school or to function in a regular classroom environment.  [Cal. Ed. Code Sec. 56364.2.] State regulations also say explicitly that related services may be provided to students “who are served throughout the full continuum of educational settings.”  [5 C.C.R. Sec. 3051(a)(1); see Chapter 7, Information on Least Restrictive Environment.]

Students with disabilities who are not eligible for special education, 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 eligible for related aids and services which are designed to meet their individual educational needs as adequately as the needs of students without disabilities are met.  [34 C.F.R. Sec. 104.33(b); Cal. Gov. Code Sec. 11135.]

(5.34) Are districts responsible for providing a student with a paraprofessional (instructional aide)?

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 her education.  [Cal. Ed. Code Sec. 56363(a); 34 C.F.R. Sec. 300.34(a).]  Therefore, the district must provide a paraprofessional if your child needs an aide to benefit from her education including situations where your child needs an aide to assist her in a regular classroom.  The district has a duty to educate special education students to the maximum extent appropriate with nondisabled peers.  [34 C.F.R. Secs. 300.114 - 300.115.] 

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 in a behavioral management program for a student with significant behavior problems. 

Just as it does for related service providers, the California Department of Education (CDE) must “establish and maintain” qualifications to ensure that paraprofessionals are appropriately and adequately prepared and trained, with the “content knowledge and skills” to serve children with disabilities.  These qualifications must be consistent with state-recognized certification, licensing, registration, or other comparable professional requirements for paraprofessionals.  These qualifications cannot be waived for a paraprofessional on an emergency, temporary or provisional basis.  [34 C.F.R. Secs. 300.156(a) & (b).] 

All teachers, including paraprofessionals assisting with instruction, must be “highly qualified” in order to comply with both the Individuals with Disabilities Education Act (IDEA) and the No Child Left Behind Act (NCLB).  [20 U.S.C. Secs. 1401(10)(D) & 1412(a)(14).]  All teachers of core academic subjects, including special education teachers, must demonstrate subject matter competence in each core academic subject taught.  Special education teachers, and those who assist with instruction, must also have the appropriate teaching credential.  [20 U.S.C. Sec. 1401(10)(D).]  These qualifications cannot be waived on an emergency, temporary or provisional basis and only apply to teachers who teach a core academic subject.  [34 C.F.R. Secs. 300.18(b)(3) & 300.156(b)(2). See also the California Department of Education’s Improving Teacher and Principal Quality webpage at: www.cde.ca.gov/nclb/sr/tq/index.asp.]

Paraprofessionals do not need to meet the NCLB requirements if they are working with 3 through 22-year-old students who have severe disabilities and who function at a pre-academic level and if instruction is not in a core academic subject area and is primarily for personal care and life skills.  [20 U.S.C. Sec. 1401(10)(D).] 

The paraprofessional should also be qualified to perform the particular duties needed to implement a student’s IEP.  Any required qualifications (for example, “trained in behavior modification”, “knowledgeable in algebra,” “fluent in signing”) should be written in the IEP, as well as the frequency, location, duration and type of services the paraprofessional will provide.

You may file a compliance complaint with CDE if you believe any of the “highly qualified” requirements have not been met by a teacher, paraprofessional or other service provider who assists with instruction.  [34 C.F.R. Secs. 300.18(f) & 300.156(e); see Chapter 6, Information on Due Process /Compliance Procedures.]

(5.35) What can I do if my child is not receiving a related service, as provided in the IEP, because the service provider is absent?

The best remedy is prevention.  It would be proper to discuss the issue of a service provider’s absence at the IEP meeting when the team writes the service in the IEP. The IEP team could then plan for, and set out in the IEP, what will happen if a related service provider is absent.

Obviously, advance planning is most critical in the case of services required to enable a child to attend school at all (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.  It is critical that the district has plans for ensuring that a substitute provider will be available.  It would not be proper to deny services specified in an IEP when an absence occurs more than occasionally or is predictable.  Where another agency (for example, a “non-public agency” provider) fails to provide necessary services, it is the district’s responsibility to do so.  [34 C.F.R. Sec. 300.154(b)(2).]

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.] 

(5.36) Are school districts responsible for providing nonacademic services?

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 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. Secs. 300.17(a) and 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.]

(5.37) Must my child be classified as emotionally disturbed before she is entitled to a residential placement?

No.  Students who need residential placement for educational purposes are entitled to such placements and their school districts are 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. Sec. 300.104.]

(5.38) My child is placed in a non-public school under an IEP. Can she receive related services from the school district if she needs these services to benefit from education, and the services are not available from the nonpublic school, including a religious school?

It depends on the circumstances under which your child is placed in the non-public school (NPS). If the IEP team placed your child at a non-religious, non-public school, she is entitled to receive appropriate related services. This may require delivery of services at the NPS site.  [34 C.F.R. Sec. 300.146.] 

(5.39) If I place my child in a nonpublic licensed school on my own, would the school district have to provide services?

If you “unilaterally” place your child at a non-public school without the consent of the IEP team, she has no individual right to special education and related services.  [34 C.F.R. Sec. 300.137(a).]  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 her IEP.

For students unilaterally enrolled in an NPS by their parents, a district is still responsible for full implementation of its “child-find” and assessment responsibilities, but has extremely limited obligations for providing related services. [34 C.F.R. Secs. 300.131-132.]  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 NPS 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).]

You are not entitled to a due process proceeding to challenge a school district’s refusal to provide certain services or the amount of services offered or to provide the services written into a child’s service plan.  [34 C.F.R. Sec. 300.140.] However, the compliance complaint process is still available to challenge issues such as the district’s failure to implement its child-find or assessment responsibilities or to consult with local NPS school officials in determining the nature and scope of its limited service responsibilities.  [34 C.F.R. Sec. 300.140; see also Chapter 6, Information on Due Process/Compliance Procedures.]

Because of the constitutional separation of church and state, children attending religious schools can only attend these schools as a result of unilateral placement by their parents.  However, the limited related services may be provided by districts on the site of religious schools “to the extent consistent with law”. 

[34 C.F.R. Sec. 300.139; see also Chapter 4, Information on IEP Process.]

(5.40) My child has ongoing behavior problems. Does the district have any responsibility to address those problems?

Yes.  If your child has behaviors which interfere with your child's or another child's learning, federal law requires that the IEP team must 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. Sec. 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 her IEP.

The school 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 her 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 regular classroom or less restrictive setting, his IEP should contain a statement of the behavioral support services he needs.  [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 6, Information on Due Process/Compliance Procedures.]

(5.41) Are school districts required to conduct a functional analysis assessment (FAA) and develop a positive behavior intervention plan (BIP)?

In July of 2013, the California Legislature repealed a law known as the Hughes Bill, a set of laws and regulations requiring school districts to take specific steps to address the needs of special education students with behavior problems. The Hughes Bill required school districts to provide additional services including a detailed and comprehensive assessment called functional analysis assessment (FAA) and a positive behavioral intervention plan (BIP) when a child displayed serious dangerous behaviors. These services are no longer automatically required as described in the previous law, but behavioral assessments and positive behavioral interventions are still required as part of an IEP.  [34 C.F.R. Sec. 300.324(a)(2)(i); Cal. Ed. Code Sec. 56341.1(b)(1).]  If your child’s behavioral issues are significant, the IEP team should still consider whether your child would benefit from a detailed assessment such as a FAA or a BIP.  If your child has had a behavior support plan that has not been effective in addressing your child's challenging behavior, you should point this out to the IEP team and request that your child receive a detailed functional behavioral assessment, such as a FAA, so that the IEP team has enough information to develop a more detailed positive behavior intervention plan.

(5.42) How do I get the behavioral and assessment services that my child needs?

If your child has serious behaviors (such as elopement, fights, disrupting class or hurting herself) that interfere with her learning or another child's ability to learn or have caused her placement in a regular 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 her 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 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 Office of Special Education Programs (OSEP) has described functional behavioral assessments as "evaluations" under the IDEA. Therefore, you should advise the school district that when you request an FBA, all of the legal requirements that pertain to other evaluations apply. The memo by OSEP, while not binding law, can be used to urge the school district to apply the same procedures to an FBA as it would any other assessment. A discussion of that memo can be found online at www.cde.ca.gov/sp/se/ac/bipleafaq.asp

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 independent educational evaluation, the school district is required by law to either to 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).]

(5.43) When can a school district use an emergency behavioral intervention such as restraint or seclusion on my child?

This part of California law has not changed. School districts can only use emergency interventions when:

1. your child engages in unpredictable, spontaneous behavior; and
2. the behavior presents a danger of serious physical harm to the student 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 systemic 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).]

(5.44) Are school districts prohibited from using any type of emergency behavioral interventions?

School districts are prohibited from using types of interventions which are harmful to a student's health or welfare such as interventions which likely to 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 prohibited types of interventions on your child such as repeatedly using restraint or seclusion or other intervention on her 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), 2) contacting an advocate, or special education attorney.

(5.45) If a school district uses emergency behavior interventions such as physical restraint on my child, what must the school district do and what must I do?

If the school uses emergency behavior interventions on your child, school districts must notify you of this within one school day. [Cal. Ed. Code Sec. 56521.1(e).] The school district should also fill out a behavioral emergency report with information about the events leading up to the use of the emergency behavior intervention and describe the use of the intervention. The district must place this 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 your child does not have a behavioral intervention plan, 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 maybe 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.

(5.46) Where else can I look for guidance on a school’s duties to provide behavioral services?

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: http://www.cde.ca.gov/sp/se/ac/bipleafaq.asp

(5.47) What is assistive technology?

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 service means:  any service that directly assists a student with a disability in the selection, acquisition, or use of an assistive technology device.  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 and has been extended to items such as eye glasses and hearing aids.  [U.S. Department of Education, Office of Special Education Programs (OSEP) (1995); 22 IDELR 629; OSEP (1993) 20 IDELR 1216; 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, 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).]

(5.48) How can I determine if AT is needed as a related service?

A determination of whether an AT device or service is needed as a related service under IDEA follows the basic legal mandates for providing free and appropriate environment (FAPE).  It includes a determination of whether the device or service is necessary to assist the student in benefitting from her education, and/or whether the device or service is necessary to fulfill the district’s obligation to educate students with disabilities in the regular 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”.  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.  [Cal. Ed. Code Sec. 56341.1; 34 C.F.R. Sec. 300.324(a)(2)(v).]

(5.49) Can my child use the AT equipment outside of the school day?

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 she needs access to those devices in non-school settings in order to receive FAPE (for example, to complete homework).  [34 C.F.R. Sec. 300.105(b).]

(5.50) Who pays for AT devices?

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 FAPE, including assistive technology, at no cost to parents.  [34 C.F.R. Sec. 300.105(a).]  However, although the district may own the devices, parents may be liable for loss, theft, or damage due to negligence or misuse of equipment used at home or in other settings.

(5.51) My child is a special education student but must be educated at home for a while due to health issues related to her disability. The district says it will provide one hour of home instruction per day and no related services. Can the district do this?

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 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.]

(5.52) Additional Resources: Sample Letters

Sample Letter Requesting a Functional Behavioral Assessment and IEP meeting:

Parent
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 learning and other children's ability to learn. Furthermore, the behavior support plan and 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(s)

---

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

Parent(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(s)