An Overview of Related Services Under IDEA (page 4)

How do people know what related services a child needs?

The evaluation process is intended to provide decision makers with the information they need to determine: (a) if the student has a disability and needs special education and related services, and, if so, (b) an appropriate educational program for the student. It also allows them to identify the related services a student will need. Following the child's evaluation and the determination that he or she is eligible for special education and related services, a team of individuals called the IEP team—which includes the parents and, where appropriate, the student—sits down and writes an Individualized Education Program (IEP) for the student. The IEP team looks carefully at the evaluation results, which show the child's areas of strength and need. The team decides what measurable annual goals (including benchmarks or short-term objectives), among other things, are appropriate for the child. Part of developing the IEP also includes specifying "the special education and related services and supplementary aids and services to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided" for the child:

• to advance appropriately toward attaining the annual goals,
• to be involved and progress in the general curriculum (that is, the curriculum used by nondisabled students),
• to participate in extracurricular and other nonacademic activities, and
• to be educated and participate with other children with disabilities and nondisabled children. [§300.347(a)(3)]

Thus, based on the evaluation results, the IEP team discusses, decides upon, and specifies the related services that a child needs in order to benefit from special education. Making decisions about how often a related service will be provided, and where and by whom is also a function of the IEP team. [More information about IEP development is available in NICHCY's publications Questions(LG1); Questions(ND21); and Often Asked by Parents About Special Education Services and Answers about IDEA Individualized Education Programs (LG2).]

It is important to recognize that each child with a disability may not require all of the available types of related services. Moreover, as Attachment 1 accompanying the regulations to IDEA '97 points out, "As under prior law, the list of related services is not exhaustive and may include other developmental, corrective, or supportive services (such as artistic and cultural programs, art, music, and dance therapy) if they are required to assist a child with a disability to benefit from special education in order for the child to receive FAPE" (U.S. Department of Education, 1999, p. 12548). As States respond to the requirements of Federal law, many have legislated their own related service requirements, which may include services beyond those specified in IDEA '97. Further, "if it is determined through the [IDEA's] evaluation and IEP requirements that a child with a disability requires a particular supportive service in order to receive FAPE, regardless of whether that service is included in these [Federal] regulations, that service can be considered a related service...and must be provided at no cost to the parents" (p. 12548).

It is useful to note that IDEA '97 does not expressly require that the IEP team include related services personnel. However, if a particular related service is going to be discussed in an IEP meeting, it would be appropriate for such personnel to be included or otherwise involved in developing the IEP. IDEA '97 final regulations state that, at the discretion of the parent or the public agency, "other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate" may be part of a child's IEP team [§300.344(a)(6)]. Appendix A of the regulations specifically states (at Question 30) that, if a child with a disability has an identified need for related services, the public agency responsible for the child's education should ensure that a qualified provider of that service either:

• attends the IEP meeting, or
• provides a written recommendation concerning the nature, frequency, and amount of service to be provided to the child. (U.S. Department of Education, 1999, p. 12478)

Once the IEP team has determined which related services are required to assist the student to benefit from his or her special education, these must be listed in the IEP. The IEP also must include a statement of measurable annual goals (including benchmarks or shortterm objectives) related to:

• meeting the child's needs that result from his or her disability to enable the child to be involved in and progress in the general curriculum (or for preschool children, as appropriate, to participate in appropriate activities), and
• meeting each of the child's other educational needs that result from the disability. [§300.347(a)(2)]

In addition to this key information, the IEP must also specify with respect to each service:

• when the service will begin; and
• the anticipated frequency (how often), location (where), and duration [§300.347(a)(6)]

The IEP is a written commitment for the delivery of services to meet a student's educational needs. A school district must ensure that all of the related services specified in the IEP, including the amount, are provided to a student.

Changes in the amount of services listed in the IEP cannot be made without holding another IEP meeting. However, if there is no change in the overall amount of service, some adjustments in the scheduling of services may be possible without the necessity of another IEP meeting.

Do the parents have to pay for the related services the child receives?

No. School districts may not charge parents of eligible students with disabilities for the costs of related services that have been included on the child's IEP. Just as special and regular education must be provided to an eligible student with a disability at no cost to the parent or guardian, so, too, must related services when the IEP team has determined that such services are required in order for the child to receive FAPE and have included them in the student's IEP.

Continue to Part II. A Closer Look at Specific Related Services

Continue to Part III. Delivering Related Services

Continue to Part IV: Section 504 of the Rehabilitation Act