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. [Cal. Gov. Code Sec.

7572(c).] 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. [Cal. Gov. Code Sec. 7575(a)(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. [34 C.F.R. Sec. 300.34(a); Cal. Ed. Code Sec. 56031.] OT/PT are, and have always been, listed among the special education related services available under state law [Cal. Ed. Code Secs. 56363(b)(6) & (10)] and federal law [34 C.F.R. Secs. 300.34(c)(6)(9) & (10)] when they are necessary for educational reasons.

If other agencies that are supposed to provide these services stop providing them for any reason, the school district must assume responsibility. [20 U.S.C. Sec.

1412(a)(12)(B)(ii).] In addition, federal law requires that during periods of disputes over services that a non-educational agency had been providing, the state must ensure that the services continue. [20 U.S.C. Sec. 1412(a)(12)(A).] You should always try to have these services identified in the IEP as educationally necessary — or necessary for a student to benefit from special education. It is ultimately the responsibility of the Superintendent of Public Instruction to ensure that state interagency services are carried out. [Gov. Code Sec. 7570.]

For any of these related services, a parent may always obtain and submit an independent evaluation to the school district.  It must be considered by the IEP team. [Gov. Code Sec. 7572(d)(2).] For information on how to obtain an independent evaluation at public expense, see Chapter 2, Information on Evaluations/Assessments.