No. School districts are responsible for providing these related services if not provided by other agencies and 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.^[1] AB 3632 specifically states that when CCS finds OT/PT services are not needed for medical reasons, those services must be provided by the local school if the services are necessary for the child to benefit from special education.^[2]

When CCS agencies will not provide OT/PT services because of their own rules or eligibility requirements, these services must be provided by school districts if they are necessary for a child to benefit from special education.^[3] OT/PT are, and have always been, listed among the special education related services available under state law^[4] and federal law^[5] when they are necessary for educational reasons. For any related services, including OT/PT, a parent/guardian/other education rights holder may always obtain and submit an independent evaluation to the school district. It must be considered by the IEP team.^[6] For information on how to obtain an independent evaluation at public expense, see Chapter 2, Information on Evaluations/Assessments.

1. Cal. Gov. Code Sec. 7572(c).[↩]
2. Cal. Gov. Code Sec. 7575(a)(2).[↩]
3. 34 C.F.R. Sec. 300.34(a); Cal. Ed. Code Sec. 56031.[↩]
4. Cal. Ed. Code Secs. 56363(b)(6)[↩]
5. 34 C.F.R. Secs. 300.34(c)(6) & (9)[↩]
6. Gov. Code Sec. 7572(c)(2).[↩]