The Law Office of Meagan Nuñez The Law Office of Meagan Nuñez 2026-05-08T09:22:53Z https://www.sdspecialattorney.com/feed/atom/ WordPress /wp-content/uploads/sites/1600111/2020/06/cropped-fab-min-32x32.jpg On Behalf of The Law Office of Meagan Nuñez <![CDATA[Using an IEP to address homework overload]]> https://www.sdspecialattorney.com/?p=48697 2026-05-05T09:23:23Z 2026-05-08T09:22:53Z reform efforts to limit homework for students, many teens and preteens spend hours every week on homework. Students with special needs may find their homework especially challenging to complete. Can parents whose children struggle to keep up with daily coursework and complicated projects ask for homework reduction accommodations in an IEP?

Reducing workloads is a common accommodation

Teachers can potentially adjust their grading system to accommodate students who may struggle to do work as quickly as their peers. They can allow a certain number of missed assignments without reducing the student’s overall grade, so long as they demonstrate mastery of the subject matter taught. Numerous different medical challenges could impact a student's ability to complete homework quickly and consistently. Asking a teacher to limit homework and to adjust their grading practices accordingly can allow those who struggle with time management, attention challenges or even physical disabilities that affect their capacity to sit or write to complete their schooling without receiving a failing grade or other academic setbacks. Parents may need to explore different ways in which the school can assist a student with special needs as they try to achieve the same academic goals as their peers. Working with an attorney familiar with special education laws and IEP accommodations can be invaluable for parents of children with special needs for this and a host of other reasons.]]> On Behalf of The Law Office of Meagan Nuñez <![CDATA[When a school’s discipline policy targets your child’s disability]]> https://www.sdspecialattorney.com/?p=48695 2026-04-28T15:04:16Z 2026-05-01T15:03:43Z What schools are required to do before removing your child When a school wants to suspend a student with a disability for more than 10 school days or pursue expulsion, federal law applies. The Individuals with Disabilities Education Act requires the school to hold a manifestation determination review before moving forward. This meeting must happen within 10 school days of the school's decision to remove your child. The purpose of that review is straightforward. The school, together with the parents, must examine whether your child's behavior was caused by their disability or by the school's failure to implement the IEP correctly. If the answer to either question is yes, the school cannot proceed with expulsion. Instead, the school must conduct a functional behavioral assessment and update your child's behavior intervention plan to address the situation properly. It is also worth knowing that even when a manifestation determination finds that behavior was not related to the disability, the school must still provide your child with a free appropriate public education. That obligation does not disappear because of a disciplinary proceeding. Many parents sit through these meetings without knowing that a finding of manifestation legally prevents the school from proceeding with expulsion. Now you know.

What it means when a school skips or mishandles the process

Schools do not always follow this process correctly. Some conduct the review without meaningful parent participation. Others conclude that behavior is not a manifestation of the disability without adequately examining the connection. When that happens, parents have the right to challenge the determination. Here is what you can do if you believe the process was mishandled:
  • Request a copy of all records related to the disciplinary action, including the manifestation determination meeting notes and any communications about your child's behavior.
  • File a state complaint with the California Department of Education if you believe the school violated IDEA's procedural requirements.
  • Request an IEP meeting to discuss whether your child's current behavior intervention plan adequately addresses the behaviors the school is disciplining.
  • Consider requesting an independent educational evaluation if you believe the school's assessment of your child's needs is incomplete.
You do not have to accept the school's conclusion, and you do not have to go through this challenge alone.

What this looks like for families in San Diego and Riverside counties

Local school districts in San Diego and Riverside counties do not apply these protections consistently. Families in under-resourced communities, and those where English is not the primary language at home, face additional barriers in understanding and asserting these rights. California Education Code provides additional protections for students with disabilities beyond what federal law requires, which means the full picture of your child's rights is broader than what the school may have communicated to you. An attorney who handles special education cases in Southern California can review your child's disciplinary record, assess whether the manifestation determination process was handled correctly and help you understand what steps give your child the best chance of staying in school with the support they are actually entitled to receive.]]> On Behalf of The Law Office of Meagan Nuñez <![CDATA[Can an IEP be denied in California?]]> https://www.sdspecialattorney.com/?p=48693 2026-04-20T08:56:43Z 2026-04-23T08:56:02Z When children with disabilities may have difficulty learning in a traditional school setting, parents sometimes take the step to request an individualized education program (IEP). This sets up a unique program to address their concerns and help the child overcome these issues. It can be very valuable, as it allows the child to pursue an education along with their peers, even though that may look a little different than what they would get in a typical school environment. But when parents make this request, can the school deny the IEP? Is there an obligation to provide the necessary accommodations?

Refusals and denials can happen

It is important to note that an IEP request will trigger an assessment. The school district will conduct the assessment to determine if the child needs an IEP and what that would look like in their unique case. As such, the school may determine that the assessment shows the child does not necessarily need an IEP. The request can then be denied. For parents in this situation, they need to know what options they have. They may believe mistakes were made during the assessment, for example. Or they may disagree with the results of that assessment and want to take steps to appeal the decision. An IEP is not guaranteed in all cases, but a child does deserve fair treatment when it comes to their education.

Working with an experienced attorney

Have you and your family been facing some of these challenges, or are you looking into your options to request an IEP in California? If so, having an experienced attorney on your side makes a difference and can help you explore your legal options.]]> On Behalf of The Law Office of Meagan Nuñez <![CDATA[Are California’s IEP and 504 plans at risk?]]> https://www.sdspecialattorney.com/?p=48691 2026-04-06T12:38:58Z 2026-04-09T12:38:29Z Many parents of children who have an individualized education program (IEP) or a 504 plan have been understandably concerned about their status since President Trump announced at the start of his current term that he planned to dismantle the U.S. Department of Education (ED). That agency oversees these programs throughout the country. President Trump instructed his Education Secretary, Linda McMahon, to “take all necessary steps to facilitate the closure” of the agency. There haven’t been clear directives regarding what this will mean for students using IEPs and 504s or even whether they will still fall under the ED’s purview. Secretary McMahon stated at one point that “the programs for students with disabilities will more than likely rest in” the ED. But what if the agency, which is less than 50 years old, is fully shuttered?

The programs are governed by federal laws

First, it’s important to know that these programs fall under federal laws. IEPs are covered under the Individuals with Disabilities Education Act (IDEA). That law was enacted to help ensure that all children can get the services and accommodations they need to learn.  Meanwhile, 504 plans are covered under Section 504 of the Rehabilitation Act of 1973. It “helps ensure that students with disabilities have equal access to educational opportunities,” according to the ED website. An executive order can’t overturn these laws. 

Most of the funding isn’t from the federal government

Further, the amount of money that the federal government provides to run these programs is determined by the U.S. Congress. Currently, approximately 6% to 13% of the funds used for these programs are provided by the federal government. While that’s not insignificant, it’s not nearly as much as the states and individual school districts provide. California is more committed to these programs than some other states are. While they aren’t likely to end regardless of what happens in Washington, that doesn’t mean there won’t be efforts at the federal level to influence how they operate and what services they provide. Of course, state and local politics are also a factor. Parents of special needs students are always advised to keep abreast of potential changes in these programs, as well as the laws and the funding that keep them in place. Those who have concerns that an IEP or 504 plan isn’t working as it should for their child can benefit from getting experienced legal guidance.]]> On Behalf of The Law Office of Meagan Nuñez <![CDATA[Can an IEP excuse a student with special needs from testing?]]> https://www.sdspecialattorney.com/?p=48688 2026-03-23T10:09:15Z 2026-03-26T10:08:32Z Students with special needs require an assortment of accommodations to attend public school. Parents usually work with school officials to establish an individualized education program (IEP) that helps meet the student’s needs and allows them to attend school with their peers. Accommodations can help students overcome performance deficits, developmental delays, physical disabilities and behavioral challenges. Frequently, IEPs include testing accommodations. Can parents request that schools exempt their students from testing requirements?

Some testing is mandatory

Schools can offer flexibility regarding testing in a variety of manners. Students who struggle with focus and task management could receive partial exemption from certain class-related testing. Teachers might allow them to take tests with assistance or bypass many tests in favor of performing alternate work. However, the school generally can not exempt a student with special needs from standardized testing. Under the Individuals with Disabilities Education Act (IDEA), students with special needs must participate in school district and statewide assessment testing. While schools cannot exempt students from those mandatory testing and requirements, they can provide a variety of accommodations to help students optimize their performance on these standardized tests. Students may be eligible for one-on-one support, private space for testing, alternate assessments and other accommodations that can help them focus and perform to the best of their abilities.  Parents may need support reviewing proposed accommodations and enforcing them when students do not receive the support they require. Partnering with an attorney familiar with IEPs and special education laws can help parents ensure their children receive the support they require to thrive in public schools.]]> On Behalf of The Law Office of Meagan Nuñez <![CDATA[5 situations that need a manifestation determination review]]> https://www.sdspecialattorney.com/?p=48685 2026-03-10T08:54:18Z 2026-03-13T08:53:31Z Your child comes home with a suspension notice. The school informs you that it plans a disciplinary removal that would change your child’s placement. This can make you feel scared and unsure what happens next. Under the federal Individuals with Disabilities Education Act, children with disabilities have added discipline protections. California schools must follow this law and the California Education Code. One key safeguard is the manifestation determination review (MDR). This meeting protects your child when discipline may change placement.

When does the school have to hold an MDR?

Federal law sets a clear rule that if the district decides to change your child’s placement for a code of conduct violation, it must hold an MDR within 10 school days of that decision. California districts track total days of removal during the school year to determine when a change of placement occurs. An MDR is usually needed in these situations:
  • Your child faces removal for more than 10 consecutive school days
  • A series of shorter removals adds up to more than 10 school days and forms a pattern
  • The school recommends expulsion
  • The district moves your child to an alternative setting for discipline
  • The conduct involves drugs, weapons or serious bodily injury, which may allow the district to place your child in an interim alternative educational setting for up to 45 school days, even if the behavior relates to your child’s disability
In this meeting, the Individualized Education Program (IEP) team must decide if the behavior had a direct and significant link to your child’s disability. The team must also decide if the school failed to follow the IEP. If either answer is yes, the law limits discipline.

What should you watch for before and during the meeting?

As a member of the IEP team, you help review evaluations, the IEP and teacher reports. The team must also review behavior plans and past supports. You may ask whether the school provided all services listed in the IEP and whether your child received behavior supports before the incident. The team may need to carry out a functional behavioral assessment or update a behavior plan.

Protecting your child’s right to stay on track

Discipline should not push your child out of school when unmet needs drive the behavior. Federal and California law give you tools to protect your child’s education. If the school proposes discipline that may change placement, you do not have to face it alone.]]> On Behalf of The Law Office of Meagan Nuñez <![CDATA[Isolation shouldn’t be standard for students with special needs]]> https://www.sdspecialattorney.com/?p=48686 2026-03-09T13:44:54Z 2026-03-12T13:43:46Z Seclusion or isolation is damaging Separating a child from their peers, especially when they are already in a state of emotional volatility, can cause psychological and social damage. Schools may occasionally need to separate students from their peers. They may need to keep a student having an emotional meltdown or outburst in a separate space. However, the practice of shutting a student with special needs in a separate room or closet indefinitely over minor disciplinary issues is inappropriate. Schools should minimize seclusion whenever possible to remain compliant with state laws. Parents negotiating IEPs with schools may need to assert themselves regarding the use of isolation and physical restraints in response to disciplinary matters. They may also need to intervene promptly when they learn that the school has begun isolating their child in response to classroom issues. Inappropriate discipline and interventions can do more harm than good. Parents need to be ready to advocate for their children with special needs. Consulting with an attorney familiar with IEP enforcement and special education laws can make advocacy for vulnerable children less challenging for concerned parents.]]> On Behalf of The Law Office of Meagan Nuñez <![CDATA[Parents’ rights in IEP meetings: What schools might not explain]]> https://www.sdspecialattorney.com/?p=48684 2026-02-23T08:45:49Z 2026-02-26T08:45:06Z Individual education program (IEP) meetings are the moments when your child’s education plan is shaped. They bring together teachers, specialists and parents to discuss your child's progress, challenges and the services they need to succeed. Schools often lead these meetings, which is why many parents don't understand most of their rights or influence in their child’s education. Understanding these rights is key to ensuring your child gets the education they deserve.

You’re an equal member of the IEP team

Schools sometimes treat parents as secondary or imply that the staff or professionals involved are the sole experts. However, your knowledge of your child is critical and legally protected. You have the right to be informed and included in IEP meetings. You’re entitled to ask questions, request clarifications and ensure that your concerns are addressed before agreeing to the plan.

You can request IEP meetings at any time

If you have concerns about your child’s progress, services or placement, you have the right to request an IEP meeting at any time to address them. You don’t have to wait for the scheduled annual review. Schools generally cannot refuse or unreasonably delay such requests unless under exceptional circumstances.

The right to bring support

You don’t have to attend the meeting alone. You can bring a friend, family member or even legal support to ensure questions are answered and rights are protected. Having proper guidance can also be useful if disputes arise or if you need clarification on complex matters.

Seek proper guidance

Navigating IEP meetings can feel empowering once you know and assert your rights, but it doesn’t guarantee a smooth process. Repeated pushback on requests, vague explanations or a sense that your input isn’t landing are commonplace. Reaching out for professional legal representation can help you navigate any hurdles and strengthen your position to safeguard your child’s best interests.]]> On Behalf of The Law Office of Meagan Nuñez <![CDATA[2 important things to remember about your child’s IEP ]]> https://www.sdspecialattorney.com/?p=48682 2026-02-09T08:26:01Z 2026-02-12T08:25:22Z Children who have special needs will sometimes have an Individualized Education Program (IEP) that outlines how the child’s educational needs will be met. Many different programs and services can be included in an IEP, so the child’s goals and abilities must be considered.  IEPs shouldn’t be generic because they should be tailored specifically for the student. Because a student’s needs can change, the IEP must be reviewed at least once per year. They can also be evaluated if there are new concerns about the child. Changes with the child can occur at any point in the school year, but they are more likely to occur at the start of the year, partly because the previous IEP may not be set up properly. 

1. Parent involvement is critical

Parents are required to participate in the IEP process, so the school will send notifications regarding any meetings that are scheduled for it. During the meeting, the parent can share concerns, ask questions and contribute information about the child’s abilities outside of the school system. 

2. Everything must be in writing

There’s a lot of information that’s covered in an IEP meeting, but not all of it will become part of the final plan. Anything important to the child’s IEP must be written into the document because that’s the only way that it’s enforceable.  IEPs must adhere to strict federal and state laws, so parents may want to work with someone familiar with these matters. This may be beneficial because they can help you learn the options and determine how to advocate for your child.   ]]> On Behalf of The Law Office of Meagan Nuñez <![CDATA[What are the challenges of homeschooling?]]> https://www.sdspecialattorney.com/?p=48679 2026-01-28T07:12:55Z 2026-02-03T07:12:11Z Homeschooling has grown over the past few years, giving families more control over their children’s education. Many parents are drawn to homeschooling for its flexibility and the ability to tailor learning to a child’s pace and interests.  California law allows multiple ways to homeschool, including private school programs at home, using a public charter program or teaching as a private tutor. While the benefits are clear, there are areas of homeschooling that remain uncertain and can be challenging to navigate. 

Understanding homeschooling rules

Several aspects of homeschooling fall into unclear territory:
  • Curriculum flexibility: California does not mandate a standardized curriculum for homeschoolers. Parents must cover basic subjects like reading, math and science, but the specifics of what counts as sufficient instruction can be vague.
  • Record-keeping requirements: Families must maintain records if operating a private school, including attendance and coursework. However, the level of detail required is not always clear, and enforcement varies by district.
  • Assessment and testing: California does not require annual testing for most homeschoolers, but some parents may choose to administer tests to track progress. Understanding when and how assessments should be done can be confusing.
  • Transitioning to public or private schools: Children moving from homeschooling into traditional schools may face differences in expectations or placement. Parents often need to interpret policies and requirements carefully.
  • Special needs services: Access to special programs, therapies or counseling is less structured for homeschooled children. Families often have to explore external resources to meet their child’s needs.
Handling homeschooling can feel uncertain at times, especially when the rules are flexible or inconsistently applied. Having a clear understanding of these gray areas can help you structure a home learning environment that meets educational and legal expectations. While many families manage homeschooling successfully on their own, there are moments when subtle legal guidance can be helpful to help ensure compliance and avoid challenges down the road. ]]>