Under California law, every student has a right to a free and thorough education. A child with special needs must be afforded the same opportunities that students without disabilities receive. Parents of a student with special needs can request an individualized education program (IEP), which can provide numerous resources to accommodate their child so that he or she can have a positive learning experience in a mainstream school setting.
Obtaining an IEP involves a process that includes parents meeting with teachers and other school officials to evaluate a student’s learning status and abilities. Sadly, many children have been denied IEPs and other special learning accommodations when, in fact, they qualify for them under Section 504 of the Rehabilitation Act. The Individuals with Disabilities Education Act also protects a student’s right to a tailored learning program in a public school.
If you’re unsure how to request an IEP or are struggling to resolve an education law issue in a California school district, you’ll be glad to know that support is available. The Law Office of Meagan Nuñez provides much needed legal support to help students obtain the full range of educational assistance to which they are entitled. You may request a free consultation by using the contact form conveniently located on our website.
]]>One parent says her child has not attended a full day of school since Sept. 2023. He is sent home hours ahead of time each day because the school does not have staff who can accommodate his needs during those hours. Due to the complex nature of the student’s condition (autistic/non-verbal) he must always have two behavioral intervention assistants with him. Due to staff shortages, school administrators send him home when assistants are not available.
The school district in question acknowledges that it owes numerous students with special needs compensatory time for all the hours they have been unable to attend school due to a lack of available support. A child with special needs should not be deprived of classroom hours because the school cannot accommodate their needs. One special education teacher told reporters that the district owes one of her students more than 1,000 compensatory hours.
Speaking with a California special education law attorney is a practical step a concerned parent can take when a child with special needs is not being afforded the education to which all students in public school are entitled to receive. Such an attorney is well-versed in all aspects of the topic, including IEPs, as well as the obligations of a school district. A lawyer can advocate on behalf of parents and students to protect their rights and ensure that their school districts are accommodating their needs.
]]>Speech impairments and learning disabilities are the two most common types of special needs in California schools. Such needs often create eligibility for an Individualized Education Program (IEP) or other accommodations. Currently, approximately one out of every eight students throughout the state receives some type of special education services.
It is a primary goal of all California school districts to accommodate a student’s special needs in the least restrictive environment possible. In many cases, a student with a speech impairment or learning disability, such as dyslexia or auditory processing disorder, can benefit from an IEP while remaining in a mainstream classroom. It is common for students in need to have an interpreter or aide with them during classes.
In recent years, the California public school system has seen an uptick in the number of students whose special needs have impeded their learning experience. If an IEP has been denied or other legal problems have arisen regarding special education accommodations, a concerned parent or legal guardian may schedule a meeting with an experienced education law attorney. When an attorney acts as a personal advocate for parents and students, it often helps resolve even the most complex special education issues.
]]>An IEP includes details about services and support resources that will be made in school to help a student with special needs. The goal is to assist these students in ways that will help them progress and thrive in a setting that presents challenges for them because of a mental or physical health condition or learning disability. To qualify for an IEP, an assessment must take place, meaning an evaluation of the student’s abilities.
An IEP is covered under the Individuals with Disabilities Education Act (IDEA). It is offered through the public school system. However, there are conditions by which charter school students and others may also obtain an IEP. A student with an IEP can learn in a mainstream classroom with assistive technology and support provided as needed.
An IEP is separate from a 504 plan, which is another program offered through public schools to assist students with disabilities. There is a specific list of disabilities approved for eligibility for an IEP. The 504 plan, on the other hand, is available on a broader scale and addresses any disability that impedes a student’s ability to thrive in school. A parent may wish to meet with a special education law attorney before requesting an IEP, and that attorney is also a great asset if legal problems arise after an IEP is issued.
]]>Before attending an IEP meeting, parents or guardians have typically communicated with numerous school officials regarding their child’s education. It is best if all communications are documented. Such records, in addition to other documents, such as report cards, progress reports, notes from teachers and written examples of a student’s work will help a parent present a child’s case in an organized and detailed manner.
Prior to an IEP meeting, a parent may request an assessment for his or her child regarding a suspected disability. This request should be made in writing and submitted to the district school board. It is best if the results of the assessment are made available to the parentbefore the IEP meeting takes place. A parent should be prepared to discuss the assessment, as well as a child’s progress (or lack thereof) up to that point and any special goals the parent has in mind to help the child achieve his or her full academic potential.
California parents may request a recording of their child’s IEP meeting. A parent can use a cell phone to record the session if desired. Education laws require a 24-hour prior notice to the school district if a parent plans to record a meeting. When heading to an IEP meeting, it is helpful to enlist support from an attorney whose practice focuses on education laws and support for students with special needs.
]]>