Frequently Asked Questions

It can be overwhelming to understand all of the ins and outs of special education, specifically in California. Check out our beginner course at www.unspokenrulesiep.com. Below are some other resources that can help get you started in understanding the process:  

1. California Department of Education Special Education Reference guide for Federal and State statutes as well as selected case law.
2. Parents' Rights: A brief summary of Procedural Safeguards.
3. California Department of Education Directors Guidance.
4. Full text of the IDEA. 

If you feel your or your child’s rights have been violated, check out our attorney consultation options.

1. Familiarize yourself with the IDEA. This includes learning many of the acronyms in special education. Also make sure you understand the difference between a Section 504 plan and an IEP. A 504 Plan provides accommodations for a student with disabilities, while an IEP provides specialized education and services for a student with a disability to make educational progress.
2. Evaluations – I cannot stress this enough! You will need adequate special education evaluations in all areas of suspected disability. Think of an IEP like building a house. Assessments are the foundation of your house. If you don’t have solid assessments establishing the foundation of the IEP, you will never have a solid IEP.  This will determine what types of accommodations should be considered and required.
3. Participate in IEP team meetings – you have a right to participate and understand the IEP. You should communicate with your child’s teachers and providers often and keep a communication log.
4. Keep Records. Maintain detailed and organized records of all communications, meetings, assessments, and progress reports. Organization is key to not only effectively communicating with the IEP team, but also helps tremendously if you ever need an advocate or attorney in the future.
5. Monitor Progress. If accommodations and services are not resulting in progress towards IEP goals, it might be time to consider adjustments.
6. Be an advocate. Don’t hesitate to ask questions or request changes.

Review the IEP and gather information.

1. Communicate your concerns clearly. Be specific and request that your concerns are documented in the IEP. If you request a change to the IEP, ask for that request to be documented.
2. Understand the decision. Carefully review the IEP, paying special attention to the present levels of performance for needs and that all areas of need are documented in the IEP. If the District refuses to make a change that was requested or is proposing a change to the IEP, you are entitled to Prior Written Notice – a detailed letter explaining the refusal to make a change.
3. Gather evidence. You will need documentation to support your decision. At minimum you will almost always need an evaluation in the area of concern conducted by the School District to establish an area of need or to address a concern. 9.9 times out of 10, if you have a long-standing concern and think you are headed to Due Process to attempt to resolve the concern, you will need an Independent Educational Evaluation (“IEE”) supporting the needs and specific recommendations to address the concern. You will need this IEE to prove the need and have any chance of resolving the concern.
4. Understand your dispute resolution options:
   
   i. Local Informal Dispute Resolution. Investigate if your district has a local dispute resolution option that will allow you to meet with District administrators and see if a solution can be reached without formal complaints or outside agency involvement. This is usually a good option if your solution is simple and you are aware of what will be required to resolve the problem. If you are asked to sign a settlement agreement – seek legal counsel so you can be fully informed of the terms of the settlement and understand the pros/cons of the settlement. This might be an added expense but it is worth it!
   
   ii. Consider mediation only, without a lawyer. A neutral mediator will help to resolve the concern. If you can't find a resolution, there will be no hearing before a judge. This is usually effective if the issue is simple. For more information on mediation only in California, click here.
   
   iii. Formal Due Process. This initiates a formal hearing before an administrative law judge based on a written complaint, detailing the specific issues and desired resolutions. This process also includes a mediation option before the hearing that can be very effective in addressing your concerns. You should consider retaining an attorney if this process is necessary as the District will almost certainly be represented. For more information on Due process in California, click here.
   
   iv. Seek legal advice. While the process is meant to be parent-friendly, navigating the process can become quickly overwhelming. If you are considering Due Process, access to and the opinion of an experienced special education attorney is priceless and can save you time, resources, and energy in the long run. Click here to view our consultation options.
    
 

Requesting an Evaluation

Initial Request

1.  Written Request: Submit a written request to the school district for an evaluation of your child. This request can be made by a parent, teacher, or other school staff member. Pro Tip – make your request at least 75 days before the last day of school (or longer if spring break exceeds 5 days), otherwise you may have to wait until the end of summer to get results.
2.  School's Response: The school must respond to your request within a reasonable timeframe. Generally, this is within 15 calendar days of receiving the request, excluding any break exceeding 5 school days.

Parental Consent

1.  Consent Required: The school must obtain your written consent before conducting an initial evaluation.
2.  Consent Form: You will receive a consent form outlining the evaluation process. Review it carefully and provide consent promptly. 

Conducting the Evaluation

1. Timeline: The school has 60 calendar days from the date of receiving parental consent to complete the evaluation. This does not include any break exceeding 5 days.
2. Comprehensive Evaluation: The evaluation should be comprehensive and assess all areas of suspected disability. This may include academic, psychological, speech/language, occupational therapy, behavior and mental health. Make sure you are specific in your concerns so the District has notice of all areas of suspected disability.

Eligibility Determination 

1. Evaluation Review: After the evaluation, a team meeting (including parents and professionals) will be held to review the results and determine eligibility for special education services.
2. Eligibility Decision: The team must determine if the child has a disability as defined by the Individuals with Disabilities Education Act (IDEA) and if the disability adversely affects their educational performance. Educational performance is more than just grades, it includes social, communication, extracurricular activities, attendance and any other areas necessary to participate in school. An IEP will be developed to address your child’s unique educational needs.

IEP Team Composition

1. Members: The IEP team typically includes parents, the child (if appropriate), a special education teacher, a regular education teacher, a school district representative, someone who can interpret evaluation results, and other individuals with knowledge or special expertise regarding the child.

Developing the IEP

1. Content: The IEP must include the child’s current performance, annual goals, special education and related services, participation with non-disabled children, participation in state and district-wide tests, the start date of services, and how progress will be measured. There must be a clear written offer of a Free and Appropriate Public Education (“FAPE”).

Implementing the IEP

1. Consent for Services: The school must obtain written consent from the parents to implement the IEP. In California, you can give partial consent – meaning you can agree with some aspects of the IEP, and disagree with others and/or refuse to implement certain portions of the IEP. If this is what you are considering, please consult with an attorney to explore the pros and cons of this type of response and what next steps should be taken to address the concerns. Click here for our consultation options.
2. Service Delivery: The school is responsible for ensuring that the IEP is implemented as written. Services should begin as soon as possible after the IEP is developed.

Reviewing and Revising the IEP

1. Annual Review: The IEP must be reviewed at least once a year to determine whether the annual goals are being achieved and to revise the IEP as necessary.
2. Re-evaluation: A re-evaluation must be conducted at least once every three years, or more often if conditions warrant, or if the parent or teacher requests it.

Our team is deeply committed to educational equity. As you may (or may not) know, if a parent prevails in a special education due process proceeding against a school district, they have the right to reimbursement for attorney’s fees. What this means is that the District will be on the hook for the legal fees – if you prevail. To prevail, you will (9.5 times out of 10) need:

1. Clear and well-documented issues. This usually means you understood your rights before entering the situation and handled it in a way that preserved those rights.
2. A clear understanding of what remedy will address the issue with the IEP. This will need to be backed by evidence and experts. Speaking of experts –
3. You will need experts who have both professional acumen and have observed your child in school. We have the burden of proof if we end up in a due process hearing. This means that we are tasked with proving that the IEP is not appropriate and that the remedy we seek is necessary. The District has built-in “experts” who will have a professional opinion as to why what they offer meets the legal standard. We will need to match this firepower. While the overwhelming majority of cases are resolved without a trial, the way to get a solid settlement agreement is to have a case that is winnable if litigated.
4. Lastly, it has to be the right time to litigate emotionally, physically, and financially for your family. This usually means that current concerns have been strategically considered and worked up over time. Our office does not work on expedited or emergency matters. As heartbreaking as many emergency situations are when it comes to education, this practice does not run like an urgent care or an emergency room. We focus on strategic planning, in-depth understanding of the matter, and long-term outcomes. We do know many amazing lawyers that do take on emergency proceedings, such as disciplinary matters, expedited litigation or when District’s take legal action against a family. If this is your circumstance, reach out for a referral.

We are happy to help you get to the point where you are ready for due process or, even better, help guide you to resolve the issues without due process. In fact – I LOVE helping families better understand their rights and become IEP-meeting pros! However, this cannot be accomplished in a 30-minute consultation.

We provide consultation to learn about the problems you are experiencing regarding the IEP process and see if we have a legal solution. These solutions can look like:

1. A tailored self-advocacy plan, including customizable letter templates, scripts, and steps to follow to solve your problem.
2. Limited scope representation—this could include behind-the-scenes preparation for IEP meetings, letter writing, records review, and advice on the next steps.
3. Direct representation. We do keep a limited number of openings for direct litigation. In a consultation, we can determine if our office is a good fit for representation and what you are seeking to resolve the issue.

Ideally, we would have access to your last two IEPs and any recent special education assessments. If you don’t have copies of these records, see the Resources section at the top of the page for a free Sample Letter for a records request. It would help to write out any questions you may have before the consultation.

We bill on an hourly or a flat fee basis for most services. On occasion, we will represent a family in due process without any upfront costs or fees. 

We absolutely provide  payment plan options via Klarma and ClioPay.