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(1.65) Is AB 3632 the only way a California special education student can receive occupational or physical therapy?

(1.65) Is AB 3632 the only way a California special education student can receive occupational or physical therapy?

No. School districts are responsible for providing these related services, if not provided by other agencies, but are needed in order for a student to benefit from special education. Districts cannot refuse to include services in an IEP just because a funding source has not been identified. [Cal. Gov. Code Sec. 7572(d).] AB 3632 specifically states that services not found to be needed for medical reasons by CCS must be provided by the local school if the services are necessary for the child to benefit from special education. [Cal. Gov. Code Sec. 7575(a)(2).] OT/PT are, and have always been, listed among the special education related services under federal law [34 C.F.R. Secs. 300.34(c)(6)(9) & (10) and state law Cal. Ed. Code Secs. 56363(b)(6) & (10)] when they are necessary for educational reasons. That is, these services must be provided by school districts if they are necessary for a child to benefit from special education, even when, because of their own rules or eligibility requirements, CCS agencies do not provide them. [34 C.F.R. Sec. 300.34(a); Cal. Ed. Code Sec. 56031.]