We posted an answer to a question yesterday. As a result, we have been contacted with additional questions leading us to realize that many of our readers are in the dark about special education services. We thought we would provide readers with some background information as well as some additional resources to put in your tool chests.
Eligibility for Special Education Services
If an individual between age 3 and 21 years of age has one of 14 diagnosed disabilities and that disability impacts that person’s ability to benefit from education, he or she may be eligible for special education services from the Local Education Agency (LEA–usually the school district).
The 14 conditions include Autism, Deaf-blindness, Deafness, Hearing impairment, Mental retardation, Multiple disabilities, Orthopedic impairments, Other health impaired (which includes ADD and ADHD), Emotional disturbance, Specific learning disability, Speech or language impairment, Traumatic brain injury, Visual impairment, including blindness, or Developmental Delay (but only up to age 9).
Developing the IEP
Once the child has been determined eligible for services, the team (including the parent/guardian) work collaboratively to develop a plan for services. This plan is called the Individualized Educational Program (IEP).
The IEP is made up of several important parts including goals and objectives, type and amount of special education services, need for assistive technology, need for behavior support, and list of related services including type and amount.
Related Services
As we discussed yesterday, the federal law lists a number of possible related services. These services include: Audiology, Counseling, Early Identification and Assessment, Medical Services, Occupational Therapy (OT) and Physical Therapy (PT), Orientation and Mobility, Parent Counseling and Training, Psychological, Recreation, Rehabilitation, School Health, Social Work, Speech Pathology, Transportation, Interpreters, and Assistive Technology.
It is important to note that the federal law specifically states that the services include those listed but that services are not limited to those listed. What does that mean…Not limited to?
Well, that means that your child may receive other services under Related Services. As we mentioned yesterday, the services are determined based on your child’s needs. Thus, the IEP should carefully document what your child needs in order to benefit from education. Some examples of other related services include:
- Nutrition
- Medical services that are not limited to an MD
- Music therapy
ABA as a Related Service
And of course, our favorite related service is Applied Behavior Analysis (ABA). Yes, ABA may be listed in your child’s IEP as a related service. In fact, so many children in Connecticut have ABA as a service that the state actually has a law that will go in to effect this year related to who must supervise the individuals providing the ABA services to children with IEPs.
As we approach IEP season, make time to participate actively in the development of your child’s IEP. Work diligently to ensure that the document carefully reflects all of your child’s needs. Make certain that your child receives all of the related services that he/she (or you) need in order to benefit from education.
If you like the information here, you may find other resources on this same topic to be helpful.
- Wright’s Law
- PACER Center
- The Council of Parents, Attorneys, and Advocates (COPAA)
- National Dissemination Center for Children with Disabilities (NICCHY)
- IDEA (the government’s website on special education law)
Applied Behavioral Strategies 
Nice info..thanks, slightly different from my country..but the main point is to care for the needs..:)
Thanks for pointing out that this only applies to individuals in the United States. We should have clarified that in our writing. Thanks for reading and for taking the time to comment!
You’re welcome..thanks to you too. It’s okay..I like to share even from other cultures and regions..new info and gain knowledges..that’s the beautiful of www a.k.a blogging..:)
Are these to be provided by the school or outside of the school?My school does not want to provde for anything and my son only get 45min of speech a week! When I asked for more-they said I would have to have it outside of school…meaning I have to find someone.He was also recommended for OT -school has it but they said look for it outside of school!What am I to do??
If your child has an IEP and assessments show a need for OT or speech (in order for your child to benefit from education), then your child should have IEP goals to address those areas. Once you have the goals to address skills, then the service should be assigned.
1. Does your child have a recent OT and/or speech eval? If no, ask for one. If yes (and it has been within the past 12 months, you may be eligible for an IEE).
2. Does your child’s IEP address speech and OT concerns? If no, call an IEP meeting and add those goals. However, you cannot add goals if you don’t have the assessment information.
Good luck!
My child has autism and cognitive disability. We hired a private BCBA to provide our child ABA therapy(only 4 hours a week) at home. Within in 4-5 months after starting the therapy, we realized our child was able to acquire academic skills utilizing this ABA method even with the limited hours she receives privately. The school district has refused to allow ABA therapy as a related service in the IEP.
There is a BCBA contracted with school system who serves the entire district. His involvement has been to write a BIP and provide instruction to the teachers about ABA strategies.
From our experience, ABA is data driven. I haven’t been given any data from the teacher demonstrating that ABA strategies were utilized at school for skill acquisition. I cannot determine if the alleged ABA strategies are effective with our daughter without data.
I am unable to measure academic progress with her existing IEP at school. However, with the private ABA therapy and the data collection system at home, I can easily follow our daughter’s progress or regression.
It is my belief that since our daughter is making progress with the direct ABA model at home, she should be able to receive ABA as a related service at school. Could you suggest ideas to help convince the IEP team to allow ABA as a related service?
Hi KT and thanks for your message. This is a GREAT comment and question.
It sounds like you have already answered your own question—you have data. Bring your data to the meeting and show that your child is making progress with the ABA.
Ask for their data. I’m surprised that a BCBA at school would not have some data. That is an area for concern.
How could they deny a related service? Did they say your child didn’t need the service? Related service needs are usually determined from an assessment so ask for an ABA assessment. It should be from someone different than the person already providing the ABA in your home (unbiased). The school should pay for the assessment and then if you disagree with their results you can ask for an IEE.
You may also consider getting an advocate or attorney to help. COPAA is a great place to start looking for one.
Good luck!
Thank you for your suggestions! It helps to hear from experts in ABA. Your ideas should assist us in our advocacy efforts to get ABA therapy as a related services in our daughter’s IEP. Thanks again, KT
I am not a big fan of ABA. I also think school districts are going to go broke from ABA. ABA people benefit more than the kids.
Hi Leticia,
Thanks for stopping by and taking the time to write. In our experience, people who are not big fans of ABA have often not had the opportunity to see good ABA in practice.
We are not big fans of chemo. It is expensive and many families go broke over it while hospitals and doctors get rich. However, just like ABA, it is proven effective for most and families should be able to access it if they choose to.
Can IEP include Behavioral Counseling?
Hi Laurie, thanks for stopping by. Remember, under special education law, related services may include but are not limited to: speech therapy, occupational therapy, and so on. Thus behavioral counseling could certainly be a related service for a student. The student’s IEP would need to document the need for such counseling. This could be done under current levels of performance but also through appropriate assessments to determine the need for counseling. One the need is established, then appropriate goals should be written to address the need.
My 3 years old son had an IEP with language impairment with SPL services. He was evaluated and given an ASD diagnosis. We had an IEP revision meeting and I got the school to add a BCBA consult to his classroom to observe and recommend adjustments, but they don’t give him direct ABA service because they see my son “too skilled”
After 6 weeks we’ll have another IEP meeting. How can I convince the school to give my son the direct ABA therapy that recommends the neurologist that evaluated him? Can the school just overlook the specialist medical recommendations?
Thanks!
Hi Gina,
Thanks for stopping by the blog. BCBAs can be used to teach anything as well as to address challenging behaviors. The purpose of the BCBA would be to: assist with program development (did you like the IEP?), design data collection systems to monitor progress (does the school currently take any data on anything? keep in mind that data can be scores on tests), help select interventions to address a skill deficit or skill excess, and problem solve when interventions are not effective. BCBAs may also be needed to assess challenging behaviors. So, without knowing exactly what your son’s issues are, it is hard to say if a BCBA is needed. I’d focus on data (or the lack thereof) as well as progress (or the lack thereof). Best of luck to you in this process!
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Can an ABA outside agency be listed on the IEP?
Hi Dianne,
Thanks for stopping by the blog. Things have been a bit busy so I apologize for the delay in responding.
Now before I respond, please note that I am not attorney and I am not giving legal advice. However, I have hundreds and hundreds of IEPs and I’ve attended countless meetings.
The IEP is a legal document for the student. As such, the required services are listed as well as the generic service provider. For example, speech and language services would be provided by the SLP. If you add a name, then the district is bound to that particular provider. What happens if you move? The IEP is no longer valid. Or, God forbid, what happens if the provider is unavailable?
I think your best bet is to indicate the special education, related service, or other serves that are needed with the generic entity. For example, behavioral consultation by a BCBA.
I hope that helps! Thanks again for stopping by our blog!
you state the following, but can you provide the citation in IDEA that related services are not limited to what is listed? I am not finding it online in IDEA. I have parents I work with who are interested in trying to have an ABA program as a related service, but the school is telling us that only the specifically listed services are approved for ESY (slp, OT, PT…e tc) and if it is not on the list, it is not approved.
“It is important to note that the federal law specifically states that the services include those listed but that services are not limited to those listed. What does that mean…Not limited to?
Well, that means that your child may receive other services under Related Services. As we mentioned yesterday, the services are determined based on your child’s needs. Thus, the IEP should carefully document what your child needs in order to benefit from education.”
HI and thanks for stopping by the blog. This is a great question. Here is the legal reference and statement related to related services:
§ 300.34 Related services.
(a) General. Related services means transportation and such developmental, corrective, and other supportive services as
are required to assist a child with a disability to benefit from special education, and includes speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, early identification and assessment of disabilities in children, counseling services, including rehabilitation counseling, orientation and mobility services, and medical services for diagnostic or evaluation purposes. Related services also include school health services and school nurse services, social work services in schools, and parent counseling and training.
Note: it states “such as”