School Based Therapy Frequently Asked Questions
1. Who may provide OT and/or PT?
          Only a licensed OT including licensed OTAs under the supervision of an  OT, may provide therapy. Other educational professionals and paraprofessionals,  such as instructional assistants may, at the discretion of an OT or PT, carry  on the recommended activities following training by the OT or PT. Consultation  and monitoring by an OT or PT is necessary under all circumstances. For  additional information, see Guidelines for Occupational  Therapy and Physical Therapy in California Public Schools (2012), appendix 5.1.
2. When is a referral for an OT assessment  appropriate?
          A referral for OT is appropriate when a child is not able to  participate in the educational curriculum at the expected level of ability,  when modifications and accommodations have not been effective, and when the  areas of concern are in the domain of OT practice. For additional information,  see appendix 7.4, “Sample OT and PT Referral Form.” 
3. Does an assessment to  determine the need for OT need to be completed by a licensed OT?
          Yes. No other service provider possesses the same licensing,  qualifications, educational background, or training. Note: A PT may conduct an  assessment in accordance with the referral without a specific medical  diagnosis. Although a referral for PT can come from any source, a PT cannot  perform treatment intervention without a diagnosis from a physician or other  duly licensed practitioner. For additional information, see Chapter 5.
4. May a district require an  adapted physical education (APE) teacher to do an assessment before an OT or PT  evaluation is considered?
          No. A District may not require an APE assessment or APE services before  considering an assessment by an OT or PT.
5. If it has been determined by  a physician or an outside agency that a child may benefit from OT, is the LEA  responsible for providing these services?
          No. However, an IFSP/IEP meeting should be held to review the outside  report and determine if additional supports and/or services are necessary for  the child to benefit from his/her educational program. Whenever OT services are  considered, those professionals with the qualifications should attend the  IFSP/IEP meeting. An IFSP/IEP team in the LEA must determine whether a child  requires occupational therapy or physical therapy in order to benefit from the  instructional program. The LEA is not responsible for OT and/or PT unless it  can be demonstrated that the child has an educationally related need that only  OT or PT (or both) can address.
6. Do OT assessments determine  that the child meets eligibility as an individual with exceptional needs?
          No. The need for OT and/or PT alone does not make a child (based on the  eligibility criteria) qualified to be considered an individual with exceptional  needs. The IEP team determines eligibility for special education on the basis  of assessments in all areas of a suspected of disability (5 CCR § 3030).
7. When does a child receive OT as  a related service?
          The IEP team determines that OT services are included as a related  service when assessment results show an educational need that only OT can  address. A child’s diagnosis or disability alone does not indicate a need for  therapy. However, the team considers the potential impact of the disability on  the child’s education.
8. How are the amount and mode  of therapy service provision determined in an IFSP/IEP?
          If the child is determined eligible as an individual with exceptional  needs, goals are developed. The IFSP/IEP team determines which team member(s)  has the expertise to achieve desired outcomes. If it is determined that OT is  appropriate to meet the identified goal, the OT, based on professional  frameworks, determines the methodology, intensity, and frequency of therapy  required for the child to meet the identified IFSP/IEP goal(s). OT or PT or  both services may include direct services (individual or small group) and/or a  consultation to the IEP team.
9. Are there any regulations  prohibiting a school district from providing OT services to a child without  special education eligibility?
          No. There are no federal mandates prohibiting the provision of OT services  to a child without special education eligibility.  Each LEA makes a determination to provide OT based  on the child’s needs. OT can be provided as a related service under IDEA 2004. However,  some school districts provide OT as an accommodation under Section 504 of the  Rehabilitation Act of 1973 and then develop a 504 Plan.
10. What does IDEA 2004 require  regarding the least restrictive environment as it relates to the provision of  OT and PT services in public schools?
          IDEA 2004, Part B, requires “that to the maximum extent appropriate,  children with disabilities…are educated with children who are not disabled” (34  CFR § 300.114(A)(2)(i)). There is a requirement to educate special needs  children with children who are not disabled to the maximum extent possible. The  “least restrictive environment” clause in the law was aimed at preventing a  school from segregating 
          students with disabilities from the general student body. The IDEA  explicitly states that mainstreaming is not appropriate “when the nature or  severity of the disability is such that education in regular classes with the  use of supplementary aids and services cannot be achieved satisfactorily” (20  USC § 1412(5)(B)). The goal and intent of OT and PT as related services is to  support a child’s ability to participate and be successful in the least  restrictive environment. Services are provided in a setting that best meets this 
          goal.
11. What is the intent and  meaning of the term “natural environment” in IDEA 2004 Part C?
          “To the maximum extent appropriate, early intervention services are  provided in natural environments, including the home, and community settings in  which children without disabilities participate (34 CFR § 303.12(b)).” The IFSP  must contain “A statement of the natural environments in which early  intervention services will appropriately be provided, including a justification  of the extent, if any, to which the services will not be provided in a natural  environment;” (20 USC § 1436(d)(5)). By definition, natural environments mean  settings that are natural or normal for the child's age peers who have no  disabilities” (34 CFR § 303.18). This includes a variety of settings, including  but not limited to, homes, community parks, and recreation family program  settings, community toddler preschool and early intervention programs, baby  gyms, and playgrounds.
12. If a child is receiving  medically necessary therapy from CCS, may he or she also receive therapy from  the LEA?
          Yes, a child may receive OT from an outside agency such as CCS and  still qualify for OT as a related service through the LEA if therapy is  educationally necessary (2 CCR § 60325(e) and (f)).
13. Why does an LEA determine  whether therapy is educationally necessary or medically necessary?
          The federal regulations do not differentiate between medically  necessary and educationally necessary therapy. The law mandates that a referral  to the LEA for an assessment of gross and fine motor skills shall be considered  by either the LEA or by CCS, depending on the information contained in the  referral and the pupil’s documented physical deficit pursuant to Section 7572  of the Government Code. In California, CCS is 
          obligated to provide therapy under the Interagency Responsibilities for  Providing Services to Handicapped Children for children who are determined to  be medically in need of therapy services and meet CCS criteria (2 CCR § 60310).  Children may have medical and/or educational needs related to OT services.  Educational needs are determined at the IFSP or IEP meeting. Medically  necessary therapy is determined by CCS, and a determination must be made by the  LEA as to whether additional educationally related OT is also necessary. If  therapy is needed for the child to benefit from his education, it is the  responsibility of the LEA to provide it.
14. How do children with mental  health needs obtain services in the public school setting?
          Children with mental health needs may obtain services through the early  intervening services such as Response to Intervention approaches in general  education as well as through the special education process. Referrals for  mental health services are made by the school psychologist. There are two  eligibility requirements that must be met for children to receive mental health  services at school. The child must be eligible for special education, and the  child must need mental health services in order to benefit from special  education.
15. Is it necessary that each  child who has been assessed and determined to need help in gross and fine motor  skills development receive occupational therapy, physical therapy, or adapted  physical education from a specialist?
          No, not every child with gross motor and fine motor needs will require  special services. The IFSP or IEP team makes the determination of the  appropriate strategies and services based upon the identified needs of the  child. In some cases, the general education or special education program can  meet the child’s needs. In other cases, children will need direct services or  consultation (or both).
16. How do OT goals relate to a  child’s future educational outcomes?
          OTs and PTs can collaborate with the IEP team to improve a child’s  performance and participation at school, help to build confidence and  self-determination to go to college, find competitive employment, and live an  independent, satisfying life. OTs and PTs support the development of the  underlying foundational skills (body functions and structures) that influence  learning and behavior. Therapists also scaffold a child’s participation in  educational activities to address meaningful and relevant educational outcomes.
17. What is the responsibility  of the OT in providing services in an Extended School Year?
          Extended School Year (ESY) services are defined as special education  and related services that are provided to a child with a disability beyond the  normal school year in accordance with the child’s IEP and as a necessary part  of a free appropriate public education (34 CFR § 300.309(b)). The determination  of whether a child requires an extended school year and OT and/or PT during an  extended school year is made on an individual basis.
18. What should a school  district do if the child’s parents present recommendations for OT, PT, or AT  from an outside evaluator and ask the school district to pay for services or  purchase technology, but the rest of the IEP team does not believe the  recommended services/devices are needed?
          The school district must develop an appropriate educational program for  the child and must indicate in the child’s IEP the nature and amount of  services required by the child to receive a FAPE (free appropriate public  education). The child’s IEP must be developed at the meeting with the parents,  school personnel, and others as needed. If the IEP team determines that the  child requires OT, PT, or AT, the child’s IEP must include a statement  identifying the nature and amount of such services needed by that child (McEwen  2000).
The school district is not required to implement all the recommendations provided by the independent evaluator, but: “If the parent obtains an independent educational evaluation at private expense, the results of the evaluation must be considered by the public agency, if it meets agency criteria, in any decision made with respect to provision of FAPE to the child” (34 CFR § 300.502(c)(1).
If the IEP team can show, on an individual basis, by using IDEA Part B procedures for evaluation, IEP development, and placement, that the child does not require the recommended OT, PT, or AT to receive FAPE, then the district does not have to provide the requested service. However, the IEP team should document that it discussed the independent evaluator’s report and recommendations. The IEP team should also document why the services recommended are not necessary to provide the child with FAPE (McEwen 2000).
Selected References
California Department of Education. Guidelines for OT and PT in California Public Schools (2012).

