As a parent, you have the deepest understanding of your child’s strengths and areas for improvement. Still, during IEP discussions, do you feel that others truly listen to your input? At what point should you consider taking legal action to advocate for your child’s needs? Knowing when to stand firm is crucial for your child’s overall well-being.
Signs that litigation may be necessary
An IEP outlines the special education services and support your child will receive. Here are situations where you may need to consider litigation:
- The school district declines to evaluate your child for special education services.
- The IEP lacks appropriate goals or services.
- The school fails to implement the IEP as written.
- The child is not making meaningful progress despite having an IEP.
- The school denies your child placement in the least restrictive environment.
- The school’s disciplinary actions related to your child’s disability are questionable.
An inadequate IEP can have significant consequences. Your child may not receive the necessary support to progress academically and socially. They may experience frustration, low self-esteem and diminished opportunities in the future.
In California, the Individuals with Disabilities Education Act (IDEA) and state education code require school districts to identify, evaluate and provide appropriate services to eligible students. When districts fall short of these obligations, parents can pursue legal remedies.
Your child’s education is too important to leave to chance
If you believe the school is not meeting your child’s needs, it may be time to pursue an IEP litigation. This often means going through a due process hearing, where you will present evidence and arguments to an impartial administrative law judge, who will then decide.
Securing legal counsel does not equal an adversarial approach. A specialized education attorney in California can help your case. Their goal and yours are the same: to ensure your child receives the education they deserve in a supportive learning environment.