Managing Special Education Service Providers

In serving students with special needs, you may be required to include related services under an individualized education plan (IEP). The Individuals with Disabilities Education Act (IDEA) includes the following as possible related services, as well as other possible assistance to allow special needs students to benefit from general education:

• Speech-language and audiology
• Interpreting
• Psychological services
• Occupational and physical therapy
• Recreation, including therapeutic recreation
• Early identification and evaluation of disabilities
• Counseling services, including rehabilitation counseling
• Orientation and mobility
• Medical services for diagnostic or evaluation purposes
• School health and nurse services
• Social work services
• Parent counseling and training

Any of these related services necessary under an IEP (or for students who do not qualify for special education under Section 504 of the Rehabilitation Act) must be provided without cost to the family of the student.

"Related services allow special needs students to benefit from general education."

You may find that managing these related services to be challenging. They often must be scheduled on a specified frequency and for designated times of the day. In some locales, certain specialized providers may be scarce or in such high demand that effective scheduling is difficult. But meeting these challenges is important considering the potential consequences in failing to meet IDEA requirements. There are both state and federal resources to assist districts.

Your liability insurance contract may also list requirements for service providers under a special education program. If the needed related service providers do not meet the contractual requirements, you will need to communicate with the insurer to determine what options may be possible and that your insurance protection can be maintained. Of course, any service provider in contact with students must comply with the California Department of Justice Live Scan criminal background check.

The following guidelines can help you manage risk exposure with related service vendors:

• When contracting with related service providers, incorporate insurance/indemnification requirements into their service contract and specify the background check for any personnel working with pupils.
• Be proactive in negotiating IEP provisions, goals and accommodations that are reasonable and achievable. Provide IEPs to related service vendors so they understand the expectations.
• Do not agree to provisions that you will be unable to meet through the available resources.
• Follow IEP terms to the letter and enforce those provisions with service providers.