How to Get Music Therapy on an IEP: A Child’s Legal Right (Part 2)
This blog post will provide more specific information on how to advocate for a child you love’s right to a music therapy assessment. Read more for how to build a case, know the law, and start the process with the IEP team. For a more general overview on how music therapy can be incorporated into a child’s Individualized Education Program (or IEP), read the first part of this series.
Build a Case for Music Therapy
Before requesting an assessment from the IEP team, it’s helpful to build a strong case of how the child in mind responds to music. Consider noting, with as much detail as possible, of situations in which they:
Demonstrate an increased motivation in attempting/completing tasks through music
Demonstrate improved attention when music is incorporated
Initiate musical play
Show emotional regulation in response to music
Learn and/or retain new information when music is incorporated
Benefit when another therapist or educator uses music to work towards educational objectives
All of these demonstrate that the child can likely make improved progress towards educational goals when music is incorporated, indicating that music therapy could be necessary for their optimum learning. *Please note: this list is not exhaustive.
Know the Law
The Individuals with Disabilities Education Act guarantees a “free and appropriate education” to students with disabilities. Students have a right to learn in the least restrictive environment and are entitled to any related services deemed “required” and “necessary” to meet their educational objectives. This section will focus on a general overview for your understanding; full quotes from the IDEA, helpful to provide to school districts, can be found in this downloadable document.
Section 300.34 of the IDEA defines related services as “...developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education…” The definition does not explicitly include music therapy, leading each state and school district to interpret the law differently. Thousands of people across the country commented on the IDEA, noting that music therapy, art therapy, and dance therapy were not listed, despite their significance in helping students achieve educational goals. The following is an excerpt of the writers’ response in Federal Register vol. 71, no. 156 in August 2006:
“related services include other supportive services that are required to assist a child with a disability to benefit from special education…the list of services in Sec. 300.34 is not exhaustive and may include other developmental, corrective, or supportive services if they are required to assist a child with a disability from special education….each child’s IEP Team…determines the instruction and services that are needed for an individual child to receive FAPE [free appropriate public education]. In all cases concerning related services, the IEP Team’s determination about appropriate services must be reflected in the child’s IEP, and those listed services must be provided in accordance with the IEP at public expense and at no cost to the parents.”
This response clarifies that the list is not exhaustive and music therapy does qualify as a related service when necessary for a child’s education. Despite this clarification, disputes on the state level continued, leading the authors to further address it in a Q&A published in September 2011. In response to a question asking if “artistic and cultural services, such as music therapy” qualify as related services, they responded with:
“Related services can include artistic and cultural services that are therapeutic in nature…the list of related services in the IDEA…is not exhaustive and may include other developmental, corrective, or supportive services (such as artistic and cultural programs, art, music, and dance therapy), if they are required to assist a child with a disability to benefit from special education in order for the child to receive FAPE…If the child’s IEP specifies that an artistic or cultural service such as music therapy is a related service for the child, that related service must be provided at public expense and at no cost to the parents.”
In summary, music therapy qualifies as a related service when determined by the IEP team to be necessary for a child to receive a free and appropriate education. When listed on the IEP, music therapy must be provided at no cost to the family. The law is clear: children have a right to a music therapy assessment to determine whether it is required to meet their educational objectives under the IDEA.
Request a Music Therapy Assessment
Any IEP team member can make the request for a music therapy assessment, including parents/guardians, teachers, and therapists. Oftentimes, requests occur during annual reviews, but you can make the request during any meeting. Be prepared: school districts may try to deny children access to a music therapy assessment because of budget constraints. They may also point out that the child attends music class or that music is incorporated by other team members. Neither of these are valid reasons to deny a request. Children with disabilities are entitled to an assessment, administered by a board-certified music therapist who is uniquely trained in using and evaluating the qualities of music towards learning objectives.
The request should include notes about how the child responds to music (see the beginning of this article) and notes about the school’s obligation under the law. Should the school district deny your request, you can respond with a written statement to remind them that they are legally required under the IDEA to provide related services necessary for children with disabilities to receive a free and appropriate public education.
For a downloadable template to send to the school, click here.
The Music Therapy Assessment Process
Once the school grants access, a board-certified music therapist can conduct an assessment.The assessment will determine whether music therapy is necessary and required for the student to meet their educational objectives and/or is significantly motivating towards those objectives. Typically, school-based music therapy assessments involve the music therapist taking the following steps:
Reviewing the objectives and conducting interviews with team members.
Observing the child working towards their objectives in a non-musical setting and taking notes on progress.
Conducting a music therapy session with the child to work towards the same objectives, measuring progress.
Compiling a summary including how the child responds to the same objectives in musical vs. non-musical settings
Meeting with the team to share their findings.
Ultimately, the IEP team will make a collaborative decision on whether music therapy is necessary for the child to receive a free and appropriate education. After everything, they may determine that findings show music therapy is not necessary and will not be included on the IEP. This doesn’t mean the child can’t benefit from music therapy services, only that they are not required for their learning under the IDEA. You can still seek private music therapy services, they just will not be paid for by the school district.
Takeaways
Children who are especially motivated by music to attempt/complete tasks, show increased attention during music, and learn information more easily with music may benefit from music therapy to reach their educational objectives.
Schools are legally required under the IDEA to provide related services necessary for children with disabilities to receive a free and appropriate public education.
Related services are any “developmental, corrective, or supportive services required to assist a child with a disability to benefit from special education” and are paid for by the school district. The writers of the IDEA have clarified that music therapy, if necessary for a child’s education, qualifies as a related service.
Be adamant about the child in mind’s legal right to a music therapy assessment. Schools may try to deny a request, which is out of compliance with the IDEA.