CCS Unilaterally Cut Therapy Services Without IEP Meeting, Denied FAPE

A five-year-old girl with Cerebral Palsy received medically necessary occupational and physical therapy through Tuolumne County California Children's Services (CCS) as part of her IEP. In November 2011, CCS drastically reduced her therapy services — from twice-weekly direct treatment to twice-monthly monitoring — without holding an IEP team meeting or obtaining parental consent. The ALJ found that CCS violated the IDEA by unilaterally changing IEP services and failing to consider independent assessments, ordering 40 hours of compensatory OT, 50 hours of compensatory PT, reinstatement of prior service levels, and mandatory staff training.

What Happened

Student is a five-year-old girl with Cerebral Palsy, hypotonia (very low muscle tone), and visual impairment. She cannot sit or stand independently and depends on others for all care and mobility. Because of her medical needs, she was entitled to medically necessary occupational therapy (OT) and physical therapy (PT) provided by Tuolumne County California Children's Services (CCS) — a state public agency — as related services listed in her IEP. Since at least 2010, Student had been receiving direct therapy from CCS twice a week for 30 minutes per session, and these services were formally written into her June 2011 IEP.

In November 2011, CCS held an internal medical review and drastically changed Student's services — dropping from twice-weekly direct therapy to twice-monthly monitoring — without convening an IEP team meeting or getting parental consent. Parents objected repeatedly but CCS implemented the changes anyway. Then, in May 2012, Student's occupational therapist retired and CCS could not find a replacement in the county for seven months, leaving Student with no OT at all. In September 2012, CCS's physician further reduced Student's PT to just once-monthly monitoring — again without an IEP meeting. Parents ultimately filed for due process to restore Student's services and seek compensation for the services she lost.

What the District Did Wrong

Unilateral reduction of IEP services without parental consent. CCS changed Student's medically necessary OT and PT — services listed in her IEP — without holding an IEP team meeting and without parental consent. This is a fundamental violation of the IDEA. Under federal and California law, once services are written into an IEP, they cannot be changed unilaterally by a public agency. Parents must be given the opportunity to participate in any decision to change those services. CCS's own staff believed they were not bound by the IEP or the IDEA at all — a position the ALJ flatly rejected. CCS is a public agency under California law and is fully subject to the IDEA's procedural requirements.

Seven months without any OT services. When CCS's occupational therapist retired in May 2012, Student received no OT whatsoever for seven months. CCS made some efforts to find a replacement, but the gap in services still constituted a material failure to implement Student's IEP. The ALJ found this was a denial of FAPE because it caused Student a real deprivation of educational benefit.

Failure to consider independent assessments. Parents obtained independent OT and PT assessments and presented them to CCS and to the IEP team. Under California law, when independent assessments are submitted to the IEP team, CCS is required to have its qualified staff review them, meet with the parents and IEP team, and make updated recommendations. CCS failed to follow this process after the assessments were presented at the March 2013 IEP meeting, which further denied Parents a meaningful role in IEP decision-making.

What Was Ordered

CCS must provide Student 40 hours of direct compensatory OT, with Parents having until December 31, 2014 to use the services. Goals must be developed within 30 days in collaboration with Parents. No physician's prescription required.
CCS must provide Student 50 hours of direct compensatory PT, under the same terms and timeline as the OT award.
Effective immediately, CCS must reinstate Student's OT and PT at the levels in her last agreed-upon IEP: direct therapy, twice per week, 30 minutes per session.
Within 30 days, CCS must review the independent assessment reports, meet with Parents and the IEP team prior to any IEP meeting, and cooperate in scheduling an IEP team meeting to review all reports.
CCS must train all staff — including physicians, OTs, PTs, and others serving eligible students — on the policies, procedures, and interagency responsibilities under California Government Code Chapter 26.5 and the local interagency agreement. Training must be completed within 90 days and documented in writing to Parents.

Why This Matters for Parents

A public agency cannot change your child's IEP services on its own. This case makes clear that CCS — and any other public agency providing related services — cannot unilaterally reduce or change services listed in your child's IEP. Any proposed change must go through an IEP team meeting where you have the right to participate, ask questions, and withhold consent.
If your child loses services due to a staffing problem, the agency is still responsible. CCS argued it did its best when the OT retired, but the ALJ still found a denial of FAPE. If your child's services are interrupted for an extended period, document the gap and ask in writing what the agency is doing to restore services.
Independent assessments have legal weight — but you must present them to the IEP team. The ALJ found that CCS's obligation to review and respond to independent assessments was only triggered when the reports were formally submitted to the IEP team. Make sure you formally present any independent evaluation at an IEP meeting, not just directly to one service provider.
You do not have to accept a non-IDEA appeals process as your only option. CCS told Parents their only remedy was an internal CCS appeals process. The ALJ rejected this completely. Parents of children with IEP services from CCS have the full right to file for special education due process — the same rights they have against a school district.

What Happened

What the District Did Wrong

What Was Ordered

CCS must provide Student 40 hours of direct compensatory OT, with Parents having until December 31, 2014 to use the services. Goals must be developed within 30 days in collaboration with Parents. No physician's prescription required.
CCS must provide Student 50 hours of direct compensatory PT, under the same terms and timeline as the OT award.
Effective immediately, CCS must reinstate Student's OT and PT at the levels in her last agreed-upon IEP: direct therapy, twice per week, 30 minutes per session.
Within 30 days, CCS must review the independent assessment reports, meet with Parents and the IEP team prior to any IEP meeting, and cooperate in scheduling an IEP team meeting to review all reports.
CCS must train all staff — including physicians, OTs, PTs, and others serving eligible students — on the policies, procedures, and interagency responsibilities under California Government Code Chapter 26.5 and the local interagency agreement. Training must be completed within 90 days and documented in writing to Parents.

Why This Matters for Parents

A public agency cannot change your child's IEP services on its own. This case makes clear that CCS — and any other public agency providing related services — cannot unilaterally reduce or change services listed in your child's IEP. Any proposed change must go through an IEP team meeting where you have the right to participate, ask questions, and withhold consent.
If your child loses services due to a staffing problem, the agency is still responsible. CCS argued it did its best when the OT retired, but the ALJ still found a denial of FAPE. If your child's services are interrupted for an extended period, document the gap and ask in writing what the agency is doing to restore services.
Independent assessments have legal weight — but you must present them to the IEP team. The ALJ found that CCS's obligation to review and respond to independent assessments was only triggered when the reports were formally submitted to the IEP team. Make sure you formally present any independent evaluation at an IEP meeting, not just directly to one service provider.
You do not have to accept a non-IDEA appeals process as your only option. CCS told Parents their only remedy was an internal CCS appeals process. The ALJ rejected this completely. Parents of children with IEP services from CCS have the full right to file for special education due process — the same rights they have against a school district.