Related Services: CONTRACTED PROVIDERS – DO I HAVE TO SIGN CONSENT?

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Amy:  Our district has a contract with a BCBA to provide services in a self-contained class within the district. They aren’t listed anywhere on the IEP or in the BIP, however the BIP does include a lot of wording from their behavior program. Now they’ve denied his progression in the program because I wasn’t provided (and so I hadn’t signed) a Consent to Treat. Who’s problem is this? Should the district hold responsibility since they hadn’t provided it, or are they justified in not providing the service as written in the IEP because there was a delay in my signing it?. I hesitated to even sign it since the district has the contract with the provider, not me.

  1. This happened to my daughter. Our district contracts out the OT services. They demanded a signature and prescription (we are in Illinois). After requesting my daughter’s school records (which include all internal emails from the district), I was able to read all the OT’s lovely complaining about not receiving my consent as well as the districts explanation stating that by law, they couldn’t refuse to treat (or stop treating) my daughter since it is in her iep to receive the service. It was a condition of additional reimbursement by Medicaid. Not sure if that could apply to your situation.

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