Autism Waiver Services in California: How to Stack IEP with Regional Center Supports
If you are a parent of a child with autism in California, you are likely navigating two massive, bureaucratic systems: The School District (governed by the IDEA) and The Regional Center (governed by the Lanterman Act).
Ideally, these two systems should hold hands and form a safety net for your child. In reality, they often play a game of "hot potato," with each agency claiming the other one should pay for the therapy, aide, or equipment you need.
The most common denial letter parents receive says: "Service denied due to duplication of services."
But here is the secret: You can have both. You can stack school-based services with Regional Center (HCBS Waiver) supports. You just have to know how to write the goals so they never touch.
The Rule of Engagement: "Payor of Last Resort"
Under California law, Regional Centers are the "payor of last resort."
This means if a service is available through the school (like Speech Therapy or Occupational Therapy), the Regional Center is legally forbidden from paying for it until the school denies it. This is why you cannot simply ask both agencies for "Speech Therapy." The Regional Center will say, "That’s an educational responsibility. Go ask the school."
The Strategy: "Education vs. Living"
To stack services, you must rigorously separate your child's needs into two buckets: Educational Access (School) and Daily Living/Community Integration (Regional Center).
Bucket 1: The IEP (School)
- The Keyword: "Access."
- The Argument: My child needs this to access the curriculum.
- The Goal: "Student will use a communication device to answer academic questions in class."
Bucket 2: The IPP (Regional Center)
- The Keyword: "Functional."
- The Argument: My child needs this to function in the home/community.
- The Goal: "Consumer will use a communication device to ask for help at the grocery store."
How to Stack Services (Concrete Examples)
Here is how to build a "Full Stack" support system without triggering a duplication denial.
1. Stacking Behavioral Support (ABA)
School (IEP): Request a "BII" aide.
Justification: "Child engages in behaviors that prevent him from remaining in the Least Restrictive Environment (classroom)."
Regional Center (IPP): Request "In-Home Respite" or "Personal Assistance."
Justification: "Child engages in behaviors at home, preventing the family from cooking dinner or sleeping safely."
2. Stacking Social Skills
School (IEP): Request "Social Skills Group."
Justification: "Child cannot navigate recess peer interactions, leading to isolation."
Regional Center (IPP): Request "Social Recreation Services."
Justification: "Child cannot participate in community camps due to autism. (Note: CA recently restored this funding!)."
The "Summer Gap" Trap
Schools often deny Extended School Year (ESY/Summer School) because they say your child doesn't show "regression."
The Pivot: If the school denies summer services, take that denial letter immediately to your Regional Center Service Coordinator.
The Ask: "The school has denied summer support. Therefore, the Regional Center is no longer the 'payor of last resort' for July and August. I am requesting 'Day Care' or 'Camp' funding to ensure my child’s safety while I work."
The "HCBS Waiver" Factor
In California, the "Autism Waiver" usually refers to the HCBS-DD Waiver. If your child is a Regional Center client, they are likely already enrolled.
Self-Determination Program (SDP): If the traditional Regional Center model is failing you, look into the SDP. It allows you to take the budget the RC would have spent on you and use it to hire your own vendors (including non-approved vendors). This is the ultimate way to "stack" creative services that schools won't touch.
Get the Coordination Blueprint
Tracking two sets of goals, two agencies, and two legal frameworks is exhausting. I’ve created a Dual Services Coordination Guide to help you map it out.
- ✅ The "School vs. Home" Goal Worksheet
- ✅ Script for Inviting Regional Center to your IEP
- ✅ List of "Reinstated" Regional Center Services
Stop the "hot potato" game. Get the full coverage your child needs.
Frequently Asked Questions
Can the Regional Center pay for private school tuition?
Generally, no. Educational placement is the sole responsibility of the School District. However, Regional Centers may fund "Social Recreation" or after-school inclusion support that happens on a campus, but rarely tuition itself.
What if the school and Regional Center point fingers at each other?
This is a "Interagency Dispute." Under California Government Code, you can file a complaint to force them to resolve who pays. In the meantime, the agency that was originally providing the service must "Stay Put" and continue funding until the dispute is resolved.
How do I know if my child is on the Waiver?
Ask your Service Coordinator. Most Regional Center clients with a developmental disability diagnosis (like Autism) are enrolled in the Home and Community-Based Services (HCBS) Waiver to capture federal matching funds.
What If You Want the Complete Strategy?
Coordinating two agencies is advanced advocacy. The IEP Battle Plan dedicates an entire module to the "School vs. Regional Center" chess game.
- How to use the Regional Center to fund Independent Evaluations (IEEs).
- When to bring your Service Coordinator to your IEP meeting for backup.
- How to transition from school services to adult services at age 22.
$497 one-time payment. Lifetime access.
Learn more about the Battle Plan →Related Resources
For more on California special education:
- California IEP Laws - Understanding your educational rights.
- California Timelines - Ensure the school meets their deadlines so you can pivot to RC if needed.
Legal Disclaimer: I am a parent with experience in IEP advocacy, not an attorney. This site shares information and personal experience, not legal advice. For legal representation, please consult a special education attorney in your state.