Originally enacted in 1975, the Individuals with
Disabilities Education Act (IDEA) guarantees the rights of all children with
disabilities to a “free and appropriate public education.” For some excellent
resources on IDEA and what all it entails, see here and here.
Any parent whose child is receiving special education
services under IDEA is generally familiar with the rights and services they receive under IDEA, but it seems like the best-kept secret of IDEA is that
music therapy is a related service.
This means that music therapy can be added to a child’s IEP
at no cost to the family. If you know how to ask for it and are willing to be
assertive about your rights as a parent, your school system will pay for your
child to receive music therapy services as part of their IEP. For information
and research on how music therapy can improve educational and quality of life
outcomes for children with a variety of needs and diagnoses, please see: Music Therapy with Young Children
The basic process for obtaining music therapy services on an
IEP is outlined as simply as possible below. (Credit for the following information goes
to Judy Simpson, cited under “References.”)
1. Request a Music Therapy Assessment
Under IDEA, parents are an equal part of the IEP team and
have the right to request assessments for related services. Parents can request
an IEP meeting or can wait for the next scheduled meeting to make a request for
a music therapy assessment. Parents have the right to contract with a music
therapist separately for an assessment, of course, but that gives the school
system the right to refute the results of the assessment. Time and expense can
be saved by going through the school system for the assessment to begin with.
Once an assessment has been requested, a school system cannot legally deny you
one, but many may try as a way to avoid the expense of paying for services. You
may need to remind the school system that you are guaranteed the right to
assessments for your child and they must comply.
2. Music Therapy Assessment is Completed
Once the school system complies, they will contract with a
music therapist of their choosing to complete the assessment for your child. You
may want to check The Certification Board for Music Therapists to make sure
the therapist the school contracts is actually a board-certified music
therapist. Assessments vary somewhat from state to state, but in order for a
music therapist to recommend that your child receive services, your child’s
progress toward IEP goals will need to be measured without music therapy
services and with them. If a qualified therapist determines that your child
will make significantly more progress toward IEP goals with music therapy to
the point that music therapy can be considered necessary for your child’s
education, then that therapist will recommend services for your child.
3. Following Up With the School System
Again, many school systems will balk at this stage and
attempt to deny access to services. This is generally for financial reasons.
However, they are in violation of IDEA laws if they attempt to withhold
services after a qualified therapist has deemed those services necessary. A
written notice and reminder of their duty is all that is typically needed to
encourage a school system to comply. However, sometimes it is necessary to
enlist legal help and inform the school system that you will be seeking
fulfillment of your rights through the courts if necessary. That being said, it
is almost never necessary to actually go to court as most school systems
find that the expense and bad press of litigation are not worth fighting. If
you find that your school system is reluctant to grant you access to your
rights, there are many organizations for parents of children with special needs
who can provide you a lawyer at little to no cost.
A Final Note: Parents as Advocates
Parents, as advocates for their child’s rights, must drive
the process of obtaining music therapy services on the IEP. This removes music
therapists from a real or perceived conflict of interest in assessing and
recommending for or against services. However, if you would like assistance and
resources for the process, it is strongly recommended that you contact the
American Music Therapy Association (AMTA)
and let them know that you are attempting to add music therapy services to your
child’s IEP. AMTA can assist parents by providing research and public relations
materials, a letter of support addressed directly to school administrators, a
copy of the letter from the U.S. Department of Education which clarifies music
therapy as a related service, as well as many other additional resources.
If you decide to pursue music therapy services for your child, I wish you the best of luck. You may find that music therapy makes a difference!
References:
Simpson, J. (2002). Increasing access to music therapy: The
roles of parents, music therapists, and AMTA. In B. L. Wilson (Ed.), Models
of music therapy interventions in school settings (2nd ed., pp. 3-6).
Silver Spring, MD: The American Music Therapy Association, Inc.
