November 2023: 

The MLO Minute: “Are You Familiar With These Related Services?” 

By Jacqueline C. Lembeck, Esq. — 

A significant number of students with IEPs receive related services as an integral part of their programs. Many parents have familiarity with the better-known services like speech therapy and occupational therapy. However, the Individuals with Disabilities Education Act (“IDEA”) provides for several other, lesser-known services that qualify as related services. How familiar are you with the following, all of which are related services that must be included in an IEP for children who need them to benefit from their educational programs?

1. Audiology;
2. Counseling services by qualified social workers, psychologists, guidance counselors, or other qualified personnel;
3. Early identification and assessment of disabilities in children;
4. Interpreting services;
5. Medical services by a licensed physician to determine a child’s medically related disability that results in a need for special education and related services;
6. Occupational therapy;
7. Orientation and mobility services for blind or visually impaired children;
8. Parent counseling and training;
9. Physical therapy;
10. Psychological services including administering psychological and educational tests, and managing a program of psychological counseling for children and parents (among other things);
11. Recreation including therapeutic recreation services and leisure education;
12. Rehabilitation counseling services;
13. School health services and school nurse services;
14. Social work services in schools;
15. Speech-language pathology services; and
16. Transportation.

See 34 C.F.R. § 300.34.

After reviewing the list, many families are surprised to see services that they may have been asking for but were told are not sufficiently “educational” for an IEP. Accordingly, it is important for parents to check if a requested service is defined in the IDEA as a related service. If so, and if the child needs it, there is no reason why things like parent training or psychological counseling cannot be formally included in an IEP.

During the Covid 19 pandemic, we aggressively advocated on behalf of parent counseling and training as part of IEPs, because the move to remote learning required parents to not only assist with technology issues, but also to provide reinforcement and even instruction to their children. In many circumstances, this related service remains necessary to allow parents to reinforce skills taught during the school day. Moreover, psychological services should never be dismissed as it is critical for children with emotional needs, and as in the past the United States Department of Education has found Pennsylvania’s limitations on psychological services to be unduly restrictive under IDEA.

Have questions? We offer free initial consultations in our special education cases, and most cases are handled without charge to families for hourly fees. If you have additional questions, please do not hesitate to contact the attorneys at McAndrews, Mehalick, Connolly, Hulse & Ryan, P.C. by CLICKING HERE or by calling any of our numbers on our website.