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(9.9) Can CCS change or stop the OT/PT services written into my child’s IEP without obtaining my consent?

(9.9) Can CCS change or stop the OT/PT services 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.[1]

In addition, you must receive notice of any proposed changes to OT/PT services from CCS and, if relevant, the school district. Under federal law, CCS must give you and the school district five days written notice of any decision to increase, decrease, stop, or change the services and an IEP meeting must then be held.[2]  

If the IEP team agrees with CCS’s proposal to increase, decrease, stop or change OT/PT services, the school district is also required to provide you with 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 (including related services). [34 C.F.R. Sec. 300.2.] The “prior written notice” from the school district 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;  
  4. Provide a description of your right to challenge the proposed action which may include reduction or termination of a service; and  
  5. Sources to contact to obtain assistance in understanding your rights[3]

Any proposed change of services, including CCS 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.[4] See Chapter 4, Information on IEP Process.

  1. Cal. Ed. Code Sec. 56343(b).[]
  2. 2 C.C.R. Sec. 60325(c).[]
  3. 34 C.F.R. Secs. 300.503 & 300.504.[]
  4. 20 U.S.C. Sec. 1415(j); 34 C.F.R. Sec. 300.518(a); Cal. Ed. Code Sec. 56505(d).[]