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(9.9) Can a non-education agency (CCS) change a service written into my child’s IEP without obtaining my consent?

(9.9) Can a non-education agency (CCS) change a service written into my child’s IEP without obtaining my consent?

No. Your written consent is required before your child’s services can be changed or stopped.  An IEP meeting must be held in order to change or stop services contained in a signed IEP. [Cal. Ed. Code Sec. 56343(b).]  In addition, federal law requires that a public agency (including a school district or CCS) must give a reasonable notice before it proposes to initiate or change the identification, evaluation, or educational placement of your child, or the provision of a “free appropriate public education” or FAPE (including related services). [34 C.F.R. Sec. 300.2.] The “prior written notice” must:

  1. Describe the action the agency proposes to take and why it is taking that action;
  2. Describe what alternatives were considered and why they were rejected;
  3. Provide a description of each evaluation, procedure, test, record or report on which the proposed action is based; and,
  4. Provide a description of your right to challenge the proposed action which may include reduction or termination of a service. [34 C.F.R. Secs. 300.503 & 300.504.]

Any proposed change of services is then subject to the IEP process and due process procedures if necessary.  While due process procedures are pending, your child must continue to receive the services that were being provided before the proposed change. [20 U.S.C. Sec. 1415(j); 34 C.F.R. Sec. 300.518(a); Cal. Ed. Code Sec. 56505(d).] See Chapter 4, Information on IEP Process.