Wednesday, March 11, 2015

Therapeutic support services - medical necessity standard

C.M. v. DPW – Cmwlth. Court – March 11, 2015 – unreported memorandum decision



TSS services are medical services administered by the Department, not educational services subject to administration by the State Board of Education or the Department of Education and governed by regulations promulgated pursuant to the IDEA. Therefore, the provision of TSS services is subject to the medical necessity standard established in relation to the MAP program rather than the IDEA’s least restrictive environment standard.




The opinion, though not reported, may be cited "for its persuasive value, but not as binding precedent."    210 Pa. Code 69.414.


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