Special Education Related Services
Law-In-Brief: Special Education #1
Date: December,
2000
Prepared by:
Beth Stevens, Legal Advocacy Team
Under the federal Individuals with Disabilities Education Act (IDEA),
students eligible for special education are also entitled to related services.
What are related services? When should my school district be providing
related services to my child?
Related services are transportation and any developmental, corrective and
supported services that are necessary to allow the student to benefit from
special education. 20 U.S.C. 1401(22). However, a school is not required to
provide services necessary to maximize a child’s potential. Instead, schools are
merely required to ensure that a student can benefit from special education. See
Board of Education of Hendrick Hudson Central School District v. Rowley,
458 U.S. 176 (1982).
Schools can provide services directly or can contract for their provision
from other agencies. At all times, though, the school remains directly
responsible for assuring that the services are provided. WAC 392-172-055.
Do I have to pay for these services?
No. Under the IDEA, the school district is responsible for paying for related
services. If your child is Medicaid-eligible, state Medicaid agencies are
responsible for the cost of related services identified in the child’s
individualized education program (IEP) if the services are covered under the
state’s Medicaid plan. 42 U.S.C. 1396b(c). To find out if a service is covered
by Medicaid, contact your provider or call the Health Options hotline at
1-800-562-3022.
What if I disagree with the school about what services they will provide?
If you believe that your child needs related services which are not being
provided, or if you disagree with any decision regarding special education for
your child, you may request a due process hearing by contacting the Washington
Office of the Superintendent of Public Instruction (OSPI) Legal Services Office
at (360) 753-2298.
What types of related services are there?
The federal regulations include a long list of related services that schools
must provide to students who need them to receive a meaningful education. It is
important to note, however, that this list is not exhaustive and does not
include all of the services which a school district may be required to provide.
If the student requires a service, such as an interpreter, that is not on the
list, it must still be provided by the school as long as the service is
necessary for the student to be able to benefit from special education. The list
describes the following services (34 C.F.R. 300.24(b)):
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Audiology: identification of children with hearing loss;
provision of habilitative activities such as language habilitation, auditory
training, speech reading, hearing evaluation and speech conservation; and
fitting an appropriate hearing aid.
<
Counseling services: services provided by qualified social
workers psychologists, guidance counselors, or other qualified personnel.
<
Early identification and assessment of disabilities in children:
the implementation of a formal plan for identifying a disability as early as
possible in a child’s life.
<
Medical services: services provided by a licensed physician
to determine a child’s medically related disability that results in a child’s
need for special education and related services.
<
Occupational therapy: services provided by a qualified
occupational therapist and includes improving or restoring functions impaired
or lost, improving the ability to perform tasks for independent functioning,
and preventing initial or further impairment or loss of functions.
<
Orientation and mobility services: services provided by
qualified personnel to students who are blind or visually impaired to enable
those students to become oriented to and move safely within their
environments.
<
Parent counseling and training: assisting parents in
understanding the special needs of their child and providing parents with
information about child development.
<
Physical therapy: services provided by a qualified physical
therapist.
<
Psychological services: administering psychological tests,
integrating information about child behavior and conditions relating to
learning, consulting with staff members in planning school programs to meet
the special needs of children, managing psychological services such as
counseling, and assisting in developing positive behavioral intervention
strategies.
<
Recreation: assessment of leisure function, therapeutic
recreation services, recreation programs in schools and community agencies,
and leisure education.
<
Rehabilitation counseling services: services provided by
qualified personnel in sessions that focus specifically on career development,
employment preparation, achieving independence, and integration in the
workplace and community.
<
School health services: services provided by a qualified
school nurse or other qualified person.
<
Social work services in schools: group and individual
counseling with the child and family, working in partnership with parents and
others on those problems in a child’s living situation that affect the child’s
adjustment in school, and mobilizing school and community resources to enable
the child to learn as effectively as possible.
<
Speech-language pathology services: identification of
children with speech or language impairments, and provision of speech and
language services for the habilitation or prevention of communicative
impairments.
<
Transportation: travel to and from school, travel in and
around school buildings, and specialized equipment required to provide
transportation for a child with a disability.
In addition to the federal requirements, Washington regulations also include
classified staff services as a type of related service, which includes services
which provide for the student’s safety, personal care and instructional
assistance, and ensure the student is placed in the least restrictive
environment. WAC 392-172-055.
This document is an information
service of the Washington Protection & Advocacy System (WPAS). It provides
general information only and should not be used as legal advice for any specific
situation. If you would like more information about this topic, call us and ask
for a Resource Advocate.
To receive this document in an alternative format,
such as large print or Braille, please call Washington Protection & Advocacy
System (WPAS) at 1-800-562-2702.
WPAS is a member of the National Disability Rights
Network
A substantial portion
of the WPAS budget is federally funded.
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