California Special Education Lawyers Protecting Your Child’s IEP Rights

Yes. You are a full member of the IEP team and you do not have to sign an IEP you disagree with. In California you can consent to part of an IEP and refuse the rest, so the services you do agree with can start straight away Cal. Ed. Code § 56346(a). If you cannot resolve it at the IEP meeting, you can request mediation, file a compliance complaint with the California Department of Education, or file for a due process hearing 34 CFR §§ 300.506, 300.507. One thing worth understanding: the “stay put” protection described further down applies once a due process proceeding is pending. It does not attach simply because you disagree.

A district cannot simply ignore a suspected disability. Under “child find” it must identify and evaluate children who may need special education 34 CFR § 300.111, and it must assess in every area of suspected disability, not just the obvious one 34 CFR § 300.304(c)(4). A district is allowed to decline to assess, but it has to give you Prior Written Notice explaining why 34 CFR § 300.503, and you have the right to challenge that decision. A “no” is not the end of the road.

Yes, and the whole service is free, not just the first conversation. Hope4Families provides free special education legal services to families across California, from the first consultation through representation. There is no cost to you at any stage and there is no income requirement. Under IDEA, a court may in its discretion award reasonable attorney’s fees to a parent who prevails against a district 20 U.S.C. § 1415(i)(3)(B), and fees are often addressed as part of a settlement instead. That is how the firm is funded. Either way, the family is never billed.

An IEP (Individualized Education Program) is for students who qualify for special education under the federal IDEA, and it sets out specialized instruction and related services 20 U.S.C. § 1400 and following; 34 CFR Part 300. A 504 plan comes from Section 504 of the Rehabilitation Act 29 U.S.C. § 794. It is often described as accommodations only, but that is not quite right: under Section 504 a free appropriate public education can include regular or special education and related aids and services 34 CFR § 104.33(b)(1). The two differ mainly in who qualifies, in the procedural protections attached, and in how the plan is written and enforced. Which one fits your child depends on the specifics, so it is worth getting advice rather than assuming.

Put your request in writing to the school and ask for a special education assessment. Email counts. Once the district receives your written request it has 15 calendar days to give you an assessment plan Cal. Ed. Code § 56321(a). The 60 calendar day period to complete the assessment and hold the IEP meeting starts when the district receives your signed consent, not when you first asked Cal. Ed. Code § 56344(a); 34 CFR § 300.301(c). Both timelines have exceptions around school breaks, so days between sessions or terms and vacations longer than five days generally do not count. Date your request and keep a copy.

The IEP is a legally binding document, and the district must deliver the services exactly as written 34 CFR § 300.323; Cal. Ed. Code § 56345. If services are being missed, start writing down the dates and what was or was not provided, and put your concerns in writing to the case manager. If it is not fixed, you can request an IEP meeting, file a compliance complaint with the California Department of Education, or file for a due process hearing. Your child may also be owed make-up (compensatory) services for what was missed.

“Stay put,” also called pendency, generally applies once a due process proceeding is pending. From that point your child stays in their current educational placement while the dispute is resolved, unless you and the district agree otherwise 20 U.S.C. § 1415(j); 34 CFR § 300.518; Cal. Ed. Code § 56505(d). It does not attach simply because you disagree with an IEP. There are exceptions, most notably in certain discipline situations where a student may be moved to an interim alternative educational setting 34 CFR §§ 300.530(g), 300.533. It is still one of the strongest protections parents have, and it is worth knowing exactly when it begins.

Prior Written Notice is a written explanation the district must give you whenever it proposes, or refuses, to start or change your child’s identification, evaluation, placement, or services 34 CFR § 300.503. It has to say what the district is doing, why, and what information it relied on. If the school changed something about your child’s program and never gave you PWN, that is a procedural violation you can raise.

Compensatory education is make-up services a student can be awarded when the district failed to provide a free appropriate public education (FAPE), for example by not delivering IEP services. It is meant to put your child back where they would have been. In California, you generally have two years from when you knew or should have known about the problem to file for due process Cal. Ed. Code § 56505(l); 20 U.S.C. § 1415(f)(3)(C), so it is important not to wait too long.

An advocate helps you prepare for IEP meetings and understand your child’s rights. An advocate is not a lawyer and cannot act as your legal counsel, but California does allow a parent at a due process hearing to be accompanied and advised by individuals with special knowledge or training relating to children with disabilities, subject to the administrative law judge’s conditions Cal. Ed. Code § 56505(e)(1). An attorney can also represent you in formal proceedings, and a court may in its discretion award reasonable attorney’s fees to a parent who prevails 20 U.S.C. § 1415(i)(3)(B). Which you need depends on how far the dispute has gone.