SPECIAL EDUCATION RIGHTS AND RESPONSIBILITIES

Chapter 9

Information on Interagency
Responsibility for Related Services (AB 3632)

From a 13-Chapter Manual

Available by Chapter and in Manual Form

Written by:

Community Alliance for Special Education (CASE)

and

Protection and Advocacy, Inc. (PAI)

Copyright © 1992 by CASE and PAI

Ninth Edition

Revised December 2005

Written permission of the Community Alliance for Special Education (CASE) and Protection and Advocacy, Inc. (PAI) must be obtained for duplication of the materials contained in Special Education Rights and Responsibilities.

These materials are based on special education laws and court decisions in effect at the time of publication. Federal and state special education law can change at any time. If there is any question about the continued validity of any information in the handbook, contact CASE, PAI or a legal authority in your community.

 

Federal special education law was significantly amended by Congress in 2004 and will be further clarified by regulations from the U.S. Department of Education in 2006. The California Education Code has been amended to reflect some of the federal law changes but not all.  In certain circumstances where it provides greater protections or entitlements, California law will continue to control special education pupils’ rights unless it is amended to completely conform to federal law.

CASE and PAI will monitor the development of conforming state law and regulations, so that revised state laws and regulations can be incorporated into later supplements and editions of SERR.

For further information on the development of federal and state law and regulation, or clarification about IDEA implementation, please contact CASE or PAI.

 

Community Alliance for Special Education (CASE) provides legal support, representation, technical assistance consultations, and training to parents throughout the greater San Francisco Bay Area whose children need appropriate special education services. Trained advocates and attorneys assist parents at IEP meetings, Mediation Conferences and Due Process Hearings. CASE also provides free consultations about special education rights and services to parents and professionals by telephone or face-to-face. CASE is a nonprofit organization serving all children with disabilities who need or may need special education services. For more information, contact:

CASE

 

Protection and Advocacy, Inc. (PAI), is a private, nonprofit organi­zation that protects the legal, civil and service rights of Californians who have develop­mental or mental disabilities. PAI provides a variety of advocacy services, including information and referral, technical assistance, and direct representation. For information or assistance with an immediate problem, call:

PAI

Toll Free: (800) 776-5746

9:00 AM to 5:00 PM - Monday through Friday

 

 

PAI receives funding under the Developmentally Disabled Assistance and Bill of Rights Act and the Protection and Advocacy for Mentally Ill Individuals Act. Any opinions, findings, recommendations or conclusions expressed in this publication are those of the authors and do not necessarily reflect the views of the organizations which fund PAI.

SPECIAL EDUCATION RIGHTS AND RESPONSIBILITIES

TABLE OF CONTENTS

Chapter 1             Information on Basic Rights and Responsibilities

Chapter 2             Information on Evaluations/Assessments

Chapter 3             Information on Eligibility Criteria

Chapter 4             Information on IEP Process

Chapter 5             Information on Related Services

Chapter 6             Information on Due Process Hearings/Compliance Complaints

Chapter 7             Information on Least Restrictive Environment

Chapter 8             Information on Discipline of Students with Disabilities

Chapter 9             Information on Interagency Responsibility for Related Services (AB 3632/882)

Chapter 10        Information on Vocational Education

Chapter 11        Information on Preschool Education Services

Chapter 12        Information on Early Intervention Services

NOTE:              The text in each chapter refers to specific Questions in other chapters by using the titles shown above.

 

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SPECIAL EDUCATION RIGHTS AND RESPONSIBILITIES

Chapter 9

Information on Interagency
Responsibility for Related Services (AB 3632)

TABLE OF CONTENTS

Question                                                                                    Page

Introduction. 1

Abbreviations. 1

1.      What is Assembly Bill 3632 and why was such legislation necessary?. 2

2.      Which students does AB 3632 affect?. 2

3.      When did this bill take effect?. 2

4.      How is this bill implemented?. 2

5.      What is the relationship between IDEA (federal law) and AB 3632 (state law)?. 3

6.      Who is ultimately responsible for providing services under AB 3632?. 3

7.      Who is responsible for monitoring AB 3632?. 4

8.      Who is responsible for ensuring that these related services are provided once the IEP team writes them in IEP?. 4

9.      What services are school districts responsible for?. 5

10.   What are the eligibility requirements for community mental heath?. 6

11.   Is it only pupils who have already been identified as eligible for special education who can be referred to mental health for services?. 9

12.   What does the assessment process by county mental health involve?. 9

13.   How do you write mental health related services under AB 3632 into an IEP?. 10

14.   What services does the county mental health agency provide to pupils under AB 3632?. 10

15.   My child may need a residential setting in order to be educated appropriately. Under AB 3632, how will this process work?. 10

16.   My child was placed in a facility in another state by a public agency but it was not an education agency and no education agency was involved in the process. Who is responsible for his educational, residential, and treatment costs?. 11

17.   What do the case management services for a child in an AB 3632 residential placement involve?. 11

18.   My child is temporarily placed in a psychiatric hospital in another county and may need a residential treatment setting. Who is responsible for conducting a special education assessment and/or an assessment for mental health services?. 12

19.   If my child needs residential treatment to benefit from education, must I make him a ward of the court? Do I have to pay for part of the cost of residential treatment?. 13

20.   What is the role of the Department of Social Services in the AB 3632 process?. 13

21.   What are the eligibility requirements and specific services available from California Children’s Services?. 14

22.   If my child is not receiving OT/PT services, but needs them, who makes the initial referral and does the assessment?. 15

23.   Can a private physician write a prescription for OT/PT services? Will CCS accept this prescription? How does this process work?. 16

24.   What services is Medi-Cal responsible for under AB 3632?. 17

25.   What happens if my child does not meet eligibility requirements of California Children’s Services, Community Mental Health or Medi-Cal but still needs the services?. 17

26.   How does AB 3632 affect the IEP Process? Will CCS or CMH representatives attend the IEP meeting?. 18

27.   Should services be written in the IEP?. 19

28.   Can CCS or CMH refuse to write the frequency, location and duration of related services in the IEP?. 19

29.   Can CCS or CMH modify or change a service written in an IEP without calling for an IEP meeting and obtaining the parent’s consent?. 19

30.   If I get an independent assessment for OT/PT or mental health services, how will it be considered?. 20

31.   How does AB 3632 affect due process hearing rights?. 20

32.   What can I do if the LEA and CCS or CMH cannot agree on which agency is responsible to provide specific services already included in my child’s IEP?. 21

33.   CMH and the LEA have told me that my child will be on a waiting list for services. They say that services may be delayed because my child’s emotional disturbance is not as acute as others’. Can they do this?. 22

34.   I believe my child needs residential placement, but the AB 3632 process seems too slow. I heard that a quicker response is available through a court-ordered placement under juvenile court or mental health laws. Will a court-ordered placement differ in any substantial way from an AB 3632 placement?. 23

35.   My child’s case is already pending before the court, and she is temporarily placed while we wait for court placement. Can I do anything to avoid or minimize the consequences of a court placement?. 24

36.   Who makes decisions and advocates for a special education pupil whose parents’ rights have been terminated or who has no parent involved in his life?. 24

37.   What if the surrogate parent appointed for a child does not regularly attend the IEP meetings, signs the IEPs later, or appears not to be acting in the interests of the child?. 27

38.   My child is being placed in a juvenile facility by the court. Who is responsible for providing services to him?. 28

39.   My child may be committed to the California Youth Authority. Will he continue to receive the special education services he needs under his IEP?. 28

40.   I am a foster parent for a child who is in special education. What are my rights?. 29

41.   Are probation officers/social workers allowed to attend IEP meetings?.