May 24, 1999

Related services, such as counseling, are provided to assist students with disabilities to benefit from special education as specified in their IEPs (N.J.A.C. 6A:14-1.3). Districts must develop goals and objectives that are based on each student's need for the service. It is not permissible for students to be placed into programs where the provision of related services is directed by the program in which the student is placed rather than by the IEP, nor is it permissible to have the goals and objectives of a related service determined outside of the IEP process. In addition, students cannot be placed into settings that provide only group counseling with no opportunity for more intensive services on an individual basis when the IEP requires them. The local district is required to ensure all related services are provided in accordance with the IEP.

With respect to counseling issues, districts must develop IEPs that address individual counseling needs of students when appropriate. If the IEP team determines that counseling is needed for a student to benefit from his/her education, then the IEP must determine the amount and intensity of the service and have goals and objectives to address those needs. A district cannot place the burden of providing needed counseling on the parent when a provider program does not have the required services, nor can provider agencies unilaterally determine the extent of services to be provided. The local education agency may be required to bring additional services to students, regardless of the educational setting, to ensure that their individual needs are met. The Office of Special Education Programs will focus on this issue in program reviews.