IEP Service Delivery in California

How are IEP services delivered in California?

California delivers special education services through the SELPA (Special Education Local Plan Area) system, a structure unique to the state under EC 56195–56208. Each SELPA—of which there are approximately 130 statewide—must have a local plan describing how services are organized, funded, and delivered across member LEAs. Special education and related services in California are termed Designated Instruction and Services (DIS), defined in EC 56363 as services equivalent to federal 'related services' that assist students with exceptional needs to benefit from their education. The IEP must specify the frequency, location, and duration of all services and the projected start date (EC 56345(a)(7)). Service providers must hold the appropriate credential or license and meet the qualifications defined in 5 CCR 3001 and the applicable provider-specific provisions of 5 CCR 3051 et seq. The 'direct relationship' requirement of 5 CCR 3040(b) mandates that every service listed in the IEP connect logically to a documented need in the present levels. California also requires that services be based on peer-reviewed research to the extent practicable (EC 56345(a)(4); 34 CFR 300.320(a)(4)).

What California Requires

All special education and related services in California are organized through SELPAs; each SELPA's local plan governs how services are delivered, allocated, and funded within its member LEAs (EC 56195–56208).

Related services are termed Designated Instruction and Services (DIS) in California and are defined in EC 56363(b) to include 17 categories (speech-language, audiology, orientation/mobility, adapted PE, OT/PT, vision, counseling, psychological, social work, health/nursing, and others).

The IEP must specify the frequency, location, and duration of each service and the projected start date (EC 56345(a)(7)).

Each service in the IEP must have a direct relationship to a documented need in the present levels of performance — services without a nexus to the PLAAFP are procedurally deficient (5 CCR 3040(b)).

Special education services must be based on peer-reviewed research to the extent practicable (EC 56345(a)(4); 34 CFR 300.320(a)(4)).

DIS providers must hold the appropriate state credential or license; 5 CCR 3001 defines key terms (including 'qualified') used in California special education regulations, while provider-specific qualifications are governed by 5 CCR 3051 et seq.; speech-language assistants (as defined in Business and Professions Code §2530.2) may deliver speech services under supervision (EC 56363(b)(1)).

Nonpublic agencies (NPAs) providing DIS must be CDE-certified under EC 56366.1; LEAs contract with NPAs under EC 56365 when the LEA cannot directly provide required services.

Key Timelines

Services must begin on the projected start date specified in the IEP; services must be in effect at the start of each school year (EC 56345(a)(7); 34 CFR 300.323(a)).

Service specifications (frequency, duration, location) must be reviewed and updated at least annually at the IEP meeting (EC 56343(d); 34 CFR 300.324(b)).

For transfer students from within California, the receiving LEA must implement the existing IEP or develop a new one within 30 days (EC 56325(a)(1)).

Sources

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