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Oak Ridge High School: 2,461 students (California Department of Education, n.d.); suburban setting

El Dorado Union High School District: 6,802 students (Our District, n.d.); suburban and rural settings

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(California Department of Education, n.d.)

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Click here to see another Padlet full of apps and assistive technology resources to help you and your student in the classroom and at home!

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This resource lists 6 steps that will guide you in requesting an evaluation for your student, if you suspect they need Special Education services.

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If you want to request a free school evaluation for your child, you may wonder how to get that process going. It starts with a simple but formal letter you write to the school. Here are the steps to make it happen.

1. Find out where to send your request.

Ask your child's teacher who to send your request to. If the teacher doesn't know, you can either ask the principal or call the school district's main office.

Your request needs to be in writing. It's that letter that jump-starts the testing process. After they get your letter, the school has to follow a timeline - it's part of the law. Download a sample letter to give yourself a model to follow. You can change the letter to reflect your concerns and observations of your child .

3. Be specific about why you're requesting the evaluation.

Write as much as you need to about why you're requesting the evaluation. It's OK to say things like, "I'm requesting that my child be evaluated because her trouble with reading makes me think she may have dyslexia."

4. Consent to your child being evaluated.

Say very clearly in your letter that you're giving consent for your child to be evaluated. Without your consent, the school can't do any testing. To make sure it's done according to the rules, request a "Consent to Evaluate" form to sign, too.

5. Make sure the letter arrives.

Hand-deliver it or send it via certified mail ("return receipt requested"). If you hand-deliver the letter, ask for a date-stamped, signed copy to have for your own records.

After five days, if you haven't heard anything, check in with the school. You can do this by phone, but send an email afterward outlining the next steps that were talked about in that phone conversation. Your email gives you something in writing that you can come back to if you need to remind anyone of that conversation.

About the Author

About the Author

worked as a classroom teacher and as an early intervention specialist for 10 years. She is the author of Amanda Morin The Everything Parent's Guide to Special Education. Two of her children have learning differences.

Reviewed by

Reviewed by

Bob Cunningham, EdM serves as executive director of learning development at Understood.

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6 steps to request a free school evaluation

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If you want to request a free school evaluation for your child, you may wonder how to get that process going. It starts with a simple but formal letter you write to the school. Here are the steps to make it happen. 1. Find out where to send your request.

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This video gives a brief overview of the IEP process. It explains how it came to be, and details some of the rights of students and their guardians in SPED.

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Special Education: Everything You Need to Know

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What needs to happen, and when? Find out here:

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California Special Education Law & Advocacy

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Special Education Timelines for California

If student's 22nd birthday is in July, August, or September of new fiscal year will not be allowed to begin a new fiscal year

EC 56026(c)(4)(B)

If student's 22nd birthday is during October, November, or December, student shall be terminated from program on December 31 of current fiscal year, unless student would otherwise complete his or her IEP at the end of the current fiscal year.

EC 56026(c)(4)(C)

Student graduates from high school with regular high school diploma.

EC 56026.1(a)

Parent or guardian shall have at least 15 calendar days from the receipt of the proposed assessment plan to arrive at a decision

EC 56043(b)

EC = California Education Code

CCR = California Code of Regulations, Title 5

GC = California Government Code

*Does not include calendar days between the pupil's regular school session or terms or calendar days of school vacation in excess of five school days.

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Special Education Timelines for California | California Special Education Law & Advocacy

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If student's 22nd birthday is in July, August, or September of new fiscal year will not be allowed to begin a new fiscal year EC 56026(c)(4)(B) If student's 22nd birthday is during October, November, or December, student shall be terminated from program on December 31 of current fiscal year, unless student would otherwise complete his or her IEP at the end of the current fiscal year.

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A great resource to learn what an IEP is, who is involved in writing it, what it contains, and its purpose.

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Current as of April 2022
In Spanish | En español

When a child receives special education services under the Individuals with Disabilities Education Act (IDEA), he or she must have an Individualized Education Program (IEP). This is a written document listing, among other things, the special educational services that the child will receive. The IEP is developed by a team that includes the child's parents and school staff.

The IEP is an extremely important document in the educational lives of students with disabilities receiving special education under IDEA. The resources we've listed below will help you learn more about IEPs-what the law requires, what information a typical IEP contains, how IEPs are developed, and so on.

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The Short-and-Sweet IEP Overview
Find out fast what an IEP is, who writes it, and what it contains.

The IEP Team
A child's IEP is developed by a team of individuals that includes key school staff and the child's parents. Find out who's required by law to serve on the team and what they might contribute to developing the IEP.

Contents of the IEP
A child's IEP, by law, must contain specific information, including the special education and related services that he or she will receive. But there's so much more in an IEP! Find out in detail.

When the IEP Team Meets
What goes on at an IEP team meeting? What does IDEA require? What types of considerations, discussions, and decisions must be made by the IEP team? Find out here.

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Current as of April 2022 In Spanish | En español When a child receives special education services under the Individuals with Disabilities Education Act (IDEA), he or she must have an Individualized Education Program (IEP). This is a written document listing, among other things, the special educational services that the child will receive.

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Understanding the Every Student Succeeds Act 

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Understanding the Every Student Succeeds Act 

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This is a guide to ensuring that your student receives the best education possible through the state and district. It will also help you understand how adaptable the system is, where to start, and how it looks in different scenarios.

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Accommodations Used in the Household for Children on the Autism Spectrum 

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Accommodations Used in the Household for Children on the Autism Spectrum 

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This website lists many of the accommodations that teachers and paraprofessionals use in the classroom setting. It explains what aspects are often incorporated into IEPs.

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Center for Autism Research Autism Roadmap™

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Learn about autism, including common traits, how a diagnosis is made and how this may impact autistic individuals and their families. Get the latest information on interventions and other supports to help improve quality of life across the lifespan.

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Factsheet for Students with Limited Mobility

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Factsheet for Students with Limited Mobility

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This is a resource that teachers use when navigating best practices for students with limited mobility (i.e. in a wheelchair). You can utilize this information and explicitly discuss it in your child's IEP meeting.

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What Teachers Should Know

A student's mobility can be limited due to disease, injuries, or birth defects. Conditions like spinal cord injuries, head injuries, amputations, muscular dystrophy, arthritis, and cerebral palsy also can limit mobility. Mobility may be limited in the lower body, upper body, or both.

Students with limited mobility may:

use splints, casts, leg braces, canes, crutches, walkers, or wheelchairs

need extra time, as well as help, moving around classrooms, between classes, and throughout school

may be late to class due to problems getting around

miss class time to do occupational therapy or physical therapy

use assistive technology to help with writing and other activities

need extra time to complete assignments

need special seats and desks or tables, and extra space for wheelchairs or other equipment

need other students or a scribe to take notes for them; or have class lectures, discussions, and activities recorded via video or audio

have specific accommodations listed in individualized education programs (IEP) or 504 education plans

What Teachers Can Do

Many students who depend on equipment to improve their mobility need to learn how to use it in many different situations in school and at home. For some, this can be challenging and frustrating.

You may need to alter the classroom environment, revise your teaching strategies, and make other changes. The accommodations you make for your students will depend on the specific impairment and the classroom environment. Make sure the classroom is easy to get around and free of obstacles. Encourage your students to ask for help when needed and to plan their routines and tasks ahead of time.

Have an evacuation plan ready in case of fire drills or emergencies so all students can leave the classroom quickly and safely.

Make sure students with mobility issues are included in all classroom activities and any field trips. Transportation should be accessible to all students.

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Limited Mobility Factsheet (for Schools)

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A student's mobility can be limited due to disease, injuries, or birth defects. Conditions like spinal cord injuries, head injuries, amputations, muscular dystrophy, arthritis, and cerebral palsy also can limit mobility. Mobility may be limited in the lower body, upper body, or both.

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This website clearly outlines what it means to invoke ones "stay put" rights and when it does not apply.

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Title: A Closer Look at Your Right "To Stay in the Current Program if there is a Disagreement about Placement"

California law requires that if a parent disagrees with their child's district about special education placement or proposed changes in placement, that student "stay put" in their current placement until the dispute is resolved. The parent should not sign the IEP if they disagree with the placement. They should sign the IEP indicating that they were present but do not agree with the placement change.

The right for the student to "stay put" in the current education placement goes into effect when a due process complaint is filed. Parents must file a due process complaint.

Child's Status during Proceedings

If the due process complaint results in administrative or judicial proceedings, the law requires that the student remain in the current educational placement and the public agency must ensure that the child receives their free appropriate public education (FAPE).

Once a parent files a due process complaint, a 30-day resolution period goes into immediate effect. The parent's participation in the resolution process is a prerequisite to an impartial due process hearing.

When does "stay put" not apply?

If the complaint involves an application for initial services under Part B of the Act (i.e. generally provided in a school setting) from a child who has turned three and is no longer eligible under Part C of the act (i.e. services provided in the natural environment, often the infant or toddler's home or other community program). In this case, the public agency is not required to continue providing the early intervention services on the child's IFSP because the child does not have a "current educational placement" in which to stay put.

http://www.uesf.org/pdf/sped_complaint_form.pdf

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California law requires that if a parent disagrees with their child's district about special education placement or proposed changes in placement, that student "stay put" in their current placement until the dispute is resolved. The parent should not sign the IEP if they disagree with the placement.

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This resource offers a closer look at the at each IEP component. It provides insight on goals, progress, special education services, aids and services, and transition planning.

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Current as of November 2017
This information in Spanish | Esta información en español

IEP stands for "individualized education program." An IEP is a written statement for a child with a disability that is developed, reviewed, and revised in a meeting in keeping with certain requirements of law and regulations. These requirements are discussed in this section.

The Big Picture

Before diving into the specifics of what must be included in an IEP, it's important to consider the "Big Picture" of the IEP-its purposes, how it serves as a blueprint for the child's special education and related services under IDEA, and the scope of activities and settings it covers.

The IEP has two general purposes: (1) to establish measurable annual goals for the child; and (2) to state the special education and related services and supplementary aids and services that the public agency will provide to, or on behalf of, the child. When constructing an appropriate educational program for a child with a disability, the IEP team broadly considers the child's involvement and participation in three main areas of school life:

the general education curriculum,

extracurricular activities, and

nonacademic activities.

By general education curriculum, we mean the subject matter provided to children without disabilities and the associated skills they are expected to develop and apply. Examples include math, science, history, and language arts.

When we talk about extracurricular activities and nonacademic activities, we're referring to school activities that fall outside the realm of the general curriculum. These are usually voluntary and tend to be more social than academic. They typically involve others of the same age and may be organized and guided by teachers or other school personnel. Examples: yearbook, school newspaper, school sports, school clubs, lunch, recess, band, pep rallies, assemblies, field trips, after-school programs, recreational clubs.
The IEP can be understood as the blueprint, or plan, for the special education experience of a child with a disability across these school environments.
Who Develops the IEP?

The IEP is developed by a team of school personnel and the child's parents. This team meets at least once a year and more often, if necessary.

Team members work together to craft an education that will address the child's individual needs and enable the child to participate in general education and school activities, learning alongside his or her nondisabled peers to the maximum extent appropriate. The IEP team then puts its crafted plan down in writing-resulting in the IEP that will guide the delivery of the child's special education and related services.

If you'd like to read more in depth about the IEP team, please visit our pages on the subject, beginning at:
https://www.parentcenterhub.org/iep-team/

Back to top

What an IEP Must Contain

When the members of a child's IEP team sit down together and consider how the child will be involved in and participate in school life, they must be sure that the resulting IEP contains the specific information required by IDEA, our nation's special education law. Here's a brief list of what IDEA requires:

A statement of the child's present levels of academic achievement and functional performance, including how the child's disability affects his or her involvement and progress in the general education curriculum;

A statement of measurable annual goals, including academic and functional goals;

A description of how the child's progress toward meeting the annual goals will be measured, and when periodic progress reports will be provided;

A statement of the special education and related services and supplementary aids and services to be provided to the child, or on behalf of the child;

A statement of the program modifications or supports for school personnel that will be provided to enable the child to advance appropriately toward attaining the annual goals; to be involved in and make progress in the general education curriculum and to participate in extracurricular and other nonacademic activities; and to be educated and participate with other children with disabilities and nondisabled children;

An explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class and in extracurricular and nonacademic activities;

A statement of any i ndividual accommodations that are necessary to measure the academic achievement and functional performance of the child on State and districtwide assessments;

(Note: If the IEP team determines that the child must take an alternate assessment instead of a particular regular State or districtwide assessment of student achievement, the IEP must include a statement of why the child cannot participate in the regular assessment and why the particular alternate assessment selected is appropriate for the child; and

The projected date for the beginning of the services and modifications, and the anticipated frequency, location, and duration of those services and modifications.

Extra IEP Content for Youth with Disabilities

For students approaching the end of their secondary school education, the IEP must also include statements about what are called transition services, which are designed to help youth with disabilities prepare for life after high school.

IDEA requires that, beginning not later than the first IEP to be in effect when the child turns 16, or younger if determined appropriate by the IEP team, the IEP must include:

measurable postsecondary goals based upon age-appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills; and

the transition services (including courses of study) needed to assist the child in reaching those goals.

Also, beginning no later than one year before the child reaches the age of majority under State law, the IEP must include:

a statement that the child has been informed of the child's rights under Part B of IDEA (if any) that will transfer to the child on reaching the age of majority.

**Highly Rated Resource! This resource was reviewed by 3-member panels of Parent Center staff working independently from one another to rate the quality, relevance, and usefulness of CPIR resources. This resource was found to be of "High Quality, High Relevance, High Usefulness" to Parent Centers.
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A Closer Look at Each IEP Component

The list above of IEP contents is helpful in understanding what type of information is basically required in a child's IEP. However, the more you understand about each individual part, and especially how they go together to form an action plan for a child's education, the easier it will be to write a well-grounded and effective IEP.
So...use the links below to explore the different parts of the IEP and the details associated with each.
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Present Levels
How is the child currently doing in school? How does the disability affect his or her performance in class? This type of information is captured in the "present levels" statement in the IEP.

Annual Goals
Once a child's needs are identified, the IEP team works to develop appropriate goals to address those needs. Annual goal describe what the child is expected to do or learn within a 12-month period.

Related Services
To help a child with a disability benefit from special education, he or she may also need extra help in one area or another, such as speaking or moving. This additional help is called related services. Find out all about these critical services here.

Accommodations in Assessment
IDEA requires that students with disabilities take part in state or districtwide assessments. The IEP team must decide if the student needs accommodations in testing or another type of assessment entirely. In this component of the IEP, the team documents how the student will participate.

Would you like to read something else in this suite about the IEP?

Use the jump links below to go to another section of the All about the IEP suite.

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Current as of November 2017 This information in Spanish | Esta información en español IEP stands for "individualized education program." An IEP is a written statement for a child with a disability that is developed, reviewed, and revised in a meeting in keeping with certain requirements of law and regulations.

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U.S. Department of Educating Individuals with Disabilities Act. (IDEA)

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U.S. Department of Educating Individuals with Disabilities Act. (IDEA)

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This resource details updated information and resources from the Department of Education. It describes IDEA, which is legislation written to support students with disabilities.

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Individuals with Disabilities Education Act

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Welcome to the U.S. Department of Education's Individuals with Disabilities Education Act (IDEA) website, which brings together IDEA information and resources from the Department and our grantees.

Whether you are a student, parent, educator, service provider, or grantee, you are here because you care about children with disabilities and their families and want to find information and explore resources on infants, toddlers, children, and youth with disabilities.

Thank you for visiting the IDEA website. If you have feedback regarding the site, please let us know on our blog.

IDEA Updates
View past IDEA Updates

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Individuals with Disabilities Education Act (IDEA)

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The U.S. Department of Education's Individuals with Disabilities Education Act website brings together department and grantee IDEA information and resources. The IDEA makes available a free appropriate public education to and ensures special education and related services to eligible children with disabilities.

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Resolving Special Education Disputes: Mediation, Due Process, Resolution Meetings.

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Resolving Special Education Disputes: Mediation, Due Process, Resolution Meetings.

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What happens when things don't go as planned? Find out here. This website provides insight on conflict management for students and families in Special Education.

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This resource offers information regarding questions you might have when moving. You will get answers on how to better assist your student during this big transition and adjustment.

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Updated, October 2018

Moving to a new location can sure disrupt your life! For any family this can be a time of chaos. There is the adventure of newness but also a maddening confusion. For a family with a child who has special needs, the confusion can be particularly stressful.

To avoid some of the less desirable "adventures," it may be a good idea to map out your strategy before you move. This is especially important regarding school and your child's special education needs.

Presented here are some questions you might ask yourself, preferably well in advance of your move. The answers given contain suggestions for helping your family make a smooth change from your child's present special education placement to the new one. These suggestions are derived from personal experience, contact with families who have met the "challenge," advice from administrators, and other authorities and research.

Q: Will the school in my new neighborhood offer special education programs?

Yes. There are several federal laws that require public schools to provide a free appropriate public education (FAPE) to all children, regardless of handicapping condition. The most notable of these is the IDEA, the Individuals with Disabilities Education Act.

IDEA is the nation's special education law. It sets minimum requirements that all states have to follow. States then develop their own special education laws and regulations. Different states may use different words to describe certain disabilities or programs. They may have differing eligibility requirements and different processes of evaluation and placement. Some states offer programs not available in other states, and rural regions may have different systems for providing special education than suburban or urban areas. But they all must offer the same basic services, in keeping with the requirements of IDEA.

Q: How can I learn about my "new" state's laws and regulations?

Each state publishes information about early intervention (for babies and toddlers with disabilities) and special education (for school-aged children with disabilities) in their state. Nowadays, this information is usually online.

To learn about the new state's early intervention laws and policies (for children with disabilities not yet three years old):
If your child is an infant or toddler (birth to the 3rd birthday), you will need to contact the lead agency forearly intervention programs in the new state. In some states that's the Department of Education, but in other states it may be the Department of Health or Human Resources. Find out who's in charge, the website address, and contact information for your state's lead agency at the Early Childhood Technical Assistance Center, at:
http://ectacenter.org/contact/ptccoord.asp

To learn about special education in the new state:
If your child is school-aged (including preschool), you will need to contact the State Department of Education and, perhaps, its Special Education Division. Find the new state's website and contact information by visiting the National Association of State Directors of Special Education (NASDSE), at:
http://nasdse.org/MeettheDirectors/tabid/60/Default.aspx

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We strongly recommend getting in contact with the new state's PTI or CPRC. PTI stands for Parent Training and Information Center, which every state has. Some states also have a Community Parent Resource Center. Parent Centers are funded by the U.S. Department of Education to help families of children with disabilities :

learn about services and resources in the area;

state laws and policies about early intervention services and special education services;

connect with other families or parent groups; and

learn to be active participants in (and advocates for) their child's education.

To find what's available in the new state, visit our Find Your Parent Center page, at:
https://www.parentcenterhub.org/find-your-center/

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Q: When should I start this process?

The most important step is to start early. As soon as you know or are seriously considering moving to a new state, you can start to get ready. You may not know which town or school district you will live in, but as long as you know the state you can begin.

If you are moving to another location in the same state, much of this information is still important. Even within a state, different school districts can vary in their policies and programs.

Q: Will the new school use my child's IEP from the old school?

That's a very good question, and an important one. The answer is: It depends.

Let us explain a little, since this is a question often asked by parents. Three different situations are possible here and all presume that you make the move in the same school year. Which of these situations mirror your own?

You move within the same state, stay in the same school system, but your child will be going to a different school. In this case, the same school system is responsible for your child's education, just in a different school. Your child's IEP would be transferred to the new school and implemented as written.

You move within the same state, but to a different school system (a different school district, say). This means that a different agency becomes responsible for your child's education. That school system has the choice of adopting your child's IEP as is or it can develop its own IEP for your child (with your involvement as a team member). Until it opts to develop its own IEP, the new school system must provide FAPE to your child, including services comparable to those described in the IEP developed in the previous school system.

You move to a different state altogether. Obviously, a different agency becomes responsible for educating your child. That new agency must provide FAPE to your child, including services comparable to those described in the IEP from the previous state, until-and this is the new agency's option-it conducts a full and individual evaluation of your child to determine if he or she is an eligible " child with a disability" in that state. The agency may decide that an evaluation isn't needed, in which case it is not required to conduct one. Should the agency decide to evaluate your child, it will need your permission as parents. If your child is found eligible for special education services in the new state, a new IEP will need to be developed according to local policies. As always, you as the parent are a member of the team that develops your child's IEP. (You may wish to read the August 2018 letter that OSEP sent in response to a question about this very situation.)

But we're getting ahead of ourselves, aren't we? You haven't even moved yet! You're just getting ready to move...

Q: What do I do first?

Check all your child's records. Is the Individualized Education Program (IEP) or the Individualized Family Service Plan (IFSP) current, or is another one due soon? If there should be a new IEP/IFSP about the time you plan to move, request that the new IEP/IFSP be written earlier to facilitate your child's placement in the new school. If you request the IEP/IFSP several months in advance, your current school should not have a problem moving the meeting up. You want to be sure to schedule this meeting at least 6 weeks before you will move, so there will be time to get the information finalized and have copies of the new IEP/IFSP signed and ready to share with the new school or early intervention program.

Is a triennial reevaluation of your child due this year? If yes, again contact your child's current school well in advance of the move and request the triennial reevaluation be COMPLETED at least 6 weeks before your moving date. Again, this will insure that you can get signed copies of the review to take with you to the new school district.

Talk to your child's current teacher(s) and therapists. Ask if they could write a letter of introduction to the new teacher(s) and therapists which describes your child, his strengths, areas of weakness, and successful approaches to working with him. The new teacher(s) and therapists will be able to incorporate successful ideas into their programs immediately. Again, be sure to make this request well in advance of needing it, so the teachers and therapists have plenty of time to do this.

Has your child had a physical this year? If not, visit your current pediatrician and have this done at least 6 weeks before you move. Be sure your child is up to date on all vaccinations and regular "baby shots" and that you have a complete record from your pediatrician. If you use a clinic, public health system or Indian Health Services for medical care, be sure they have given you a complete record of your child's shots and a copy of the current physical.

If your child is taking regular prescription medicine or has prescriptions for any therapy, get copies of these medical reports. Be sure you have at least a one-month supply or more, if possible, of any prescription medications before you move so you won't have to find a new doctor, get an appointment and need a new prescription in the middle of all your other concerns. Make note of how long this medication will last so you can allow yourself time to schedule new appointments when you move. If you know you will need to see a doctor very soon after you move, try to make an appointment before you move so that will be settled.

If your child is seeing any specialists, such as neurologists, allergists or the like, also be sure you get a complete set of medical records from these physicians to take with you. Also contact your child's dentist and take those records with you.

You may want to ask your current doctor(s) for referrals to doctors or clinics in your new location. When you tell your child's doctor you are moving, ask for any information that may be helpful to the new doctor you will be seeing. Ask if the new doctor can call the current doctor if there are any questions or topics that need to be discussed. If you are interested in having your child's current doctor continue to be part of the medical team, discuss this option, too. You can keep the current doctor informed by sending regular medical reports so that he/she can consult with you and the new doctor about your child's needs and progress.

Q: What else should I do?

At the state level.
At the same time you are checking and collecting all your child's records, get a copy of the "new" state's special education guidelines and policies. You will want to pay special attention to eligibility requirements to be sure you have all the paperwork you need when you arrive. Be sure to contact the new state as soon as you know you will be moving; it may take 6 to 8 weeks to respond to your request for information. And you can always get this information-in depth!-from your new state's Parent Center. (Find yours here.)

At the local educational level.
If you know which county you will be moving into, request a copy of any information they have on special education. Tell them you will be moving into their county and that your child is currently receiving special education services that you would like to have continued in his/her new school. Tell them the age of your child, the nature of his/her disability, and the services he/she is currently receiving, including any therapies or special transportation needs. Ask for information on eligibility requirements for similar services in their schools, and what records they will need. (Again, the new state's Parent Center is an excellent source of this information.)

Ask if it would be helpful to send your child's records in advance and, if so, to whom should they be sent (remember, always keep copies in your home file). You can also request a meeting within the first week of your arrival in your new town. You might ask them about transportation arrangements so the bus will arrive when your child is ready to start to his/her new school.

At the local school level.
If you will be visiting your new location before you actually move, you may be able to get information on schools and medical facilities while you're in town. It is most efficient to meet with the special education staff when you've got all your child's records collected and up-to-date. However, if you have the time, it might be interesting to visit special education programs in the new school district, as well as talk to parent groups.

Q: Why get in touch with parent or disability groups?

Often families want to know the "best" school or the "best" program for their child. Obviously this is a difficult question, since one person's idea of best may not be the same as another person's. Often, talking to families who have children with similar needs can offer insight into the options. Parents can talk quite informally about what they like and dislike about the various programs, staff, and schools in a community. Parents can also talk about non-school topics, like day care, respite care, recreation, medical facilities and the like.

Even if there is not a parent group or disability organization for families just like yours, you may find it useful to talk to other groups. The opinions of other people who are using the same systems (schools, therapists, buses, etc.) can be very useful. Pick up local newsletters too; they have information on local news of importance to families concerned with disability issues.

And again, we strongly recommend getting in contact with the new state's PTI or CPRC. Find yours at:
https://www.parentcenterhub.org/find-your-center/

Q: What about early intervention and preschool programs?

There is a great variety of services available for very young children. Be sure to check with the new school system to find out what early intervention programs exist for children your child's age. If your child is moving from an early intervention program to preschool, the changes may be significant. Again, inquire early and give details of your child's needs and current services. To identify the state's lead agency, visit the Early Childhood Technical Assistance Center, at:
http://ectacenter.org/contact/ptccoord.asp

It may be helpful to talk to your child's current therapists and/or teachers to discuss what would be provided in the next age group. In other words, if your child is almost 3 years old, his or her program might change even if your family were not moving. By talking to the current staff you will have an idea of what to look for in the new school system.

Q: What about high school students, transition, and work opportunities?

The current IEP should be useful in transferring information about transition needs and plans. If your child is in a vocational program, or plans to be next year, this may be a good time to have a vocational assessment done. Often vocational assessments include the observations of the people teaching/working with your child, so the comments of the current staff would be important. Conducting such evaluations is time consuming and would best be done before the move. The results will then be immediately available to help professionals at the new school determine the most appropriate placement of a student they do not know.

If your high school student does not have transition information in his/her current IEP, work with the present school special education staff to develop a transition plan in the updated IEP you will request before moving. Again, be sure to make this request far in advance of the moving date to allow time for the entire team to put together a plan. You can read more about planning for transition to adulthood in CPIR's info suite on the subject.

If your son or daughter is within 2 years of finishing high school, it may be very useful to be sure triennial reevaluations are up-to-date. Even when a student is nearing the end of his/her school years, a current evaluation is important in transitioning him/her to adult services and work. Be sure your child has had a triennial within the last two and a half years. If not, request that this be done before you move. The information collected will be very useful in planning new programs, and the people who know your child and have had experience working with him/her may be the best ones to conduct this evaluation.

Students who are working in work sites identified and/or supervised by either the special education team or community services board (or other formal job placement arrangement specifically for people with disabilities) will also require complete records of their work placement, work experience, accommodations, transportation and the like. Again, it may be very useful to ask the current work supervisor to write a letter describing your son's or daughter's strengths, needs, and most effective strategies for achieving success on the job. There is a great deal of variation in work experience arrangements in different communities and different states, with different agencies delivering these services. When you contact the new school district, you will need to ask who is responsible for organizing work experience programs for students whose needs are similar to those of your child. When you contact that person, either in person when you arrive or by email before then, be sure to pass along all the information you have assembled about your child's current placement.

Q: What do I do about Supplemental Security Income (SSI) Benefits?

States vary in the amount, or rate, of SSI benefits they pay and also in eligibility requirements. This means that one state may pay more or less than another, that a child eligible for SSI benefits in one state may not be eligible for any benefits in another state, or that a child who had been denied SSI benefits in one state may in fact be eligible for benefits in the state to which his family is moving. Depending on where you move, you may need to be interviewed by the local Social Security office, either in person or by phone. To find out about SSI benefits in the new state, visit SSA online to identify where the local SSA office in the new state is located, or call the Social Security national toll free number, 1-800-772-1213 (Voice); 1-800-325-0778 (TTY).

Social Security advises that families should not file for benefits in the new state until they moved and have an established address. According to Social Security, changing an address before a family actually moves can cause a lot of confusion if a family s plans change, which frequently happens.

Q: What do I do if I need to move in a few weeks and don't have much time?

Essentially the same things need to be done regardless of how much advance notice you have of a move. It is certainly much easier to get all this accomplished with several months time, but there are some short cuts.

All the records about your child need to be collected and duplicated. Letters from teachers, therapists and other professionals working with your child are very helpful and can be requested before you move and mailed to the new address as soon as possible. Updating IEPs, triennials, vocational assessments and the like may not be possible. However, you may want to talk to the people who would be involved in these evaluations and ask them to write you a letter explaining any changes or suggestions they would have for a new IEP, etc. Again, these letters can be requested as soon as you know you'll be moving and be mailed to the new address, when they are completed.

Explain to your child's doctor(s) and dentist that you will be moving very soon and that, unfortunately, you were not given much advance notice. If your child has not had a physical within the past 12 months or is scheduled for any treatments, shots, or the like in the next month or two, you may find it useful to see the current doctor before you move. Hopefully the receptionist will be able to schedule an appointment. Also explain that you will need to have medical records forwarded and ask if you can pick these up when you come in for the appointment. If there is not enough time, you can request that the records be mailed to you at the new address. Be sure to fill all needed prescriptions.

If you are rushed with your plans, it may be more important than ever to make a notebook of needed names and phone numbers. Keep a record of the names and address of the people you asked to write letters or send information, so you can easily contact them if the requested papers do not arrive. List all appointments you make with the new school staff and make a list of the information they ask you to bring to these meetings. Don t forget to ask for directions to the place of the meetings.

Q: What if it's summer time, Christmas vacation, or spring break?

Clearly, it is much more difficult to reach the people you need to talk to if school is closed. Vacations can prolong the time necessary to reach the right people or get the records mailed.

However, school offices are generally open the months of June and July even when school is closed. You should be able to get records and information during this time. August may be the most difficult month, since this is when many offices close for vacation. It would be good to try to reach all school people before or after August.

If you are looking for teachers or therapists in your new location during the summer, many school districts will not give out their home addresses. However, you can send a letter or email stating your needs to the new school and call to ask them to forward it to the teacher or therapist's home. In your letter you might ask the teacher or therapist to call you and give your home number. You can also contact your new state's Parent Center and see what guidance they can offer you.

Q: What if we are a military family?

Essentially the same information applies to families in the military who are moving within the United States. There are people who can offer help specifically to military families. The Department of Defense Education Activity (DoDEA) is an important source of information to military families who are moving. We refer you in particular to DoDEA's website discussion of "Relocating: Things to Remember" at:
http://www.dodea.edu/Curriculum/specialEduc/relocation.cfm

You may also find the Moving and Housing page at the Military OneSource helpful. Lots of good tips and resources here, including the Plan My Move relocation tool.
https://www.militaryonesource.mil/moving-housing

Q: What do I do with all these records?

Duplicate them. Make sure you have at least two full sets of records and information on your child. You will need to give records to the new school and you should always be sure to maintain a complete set of records for your personal files. When you need more copies of records, you can use your file to make them. NEVER give away the only copy of any piece of information. When you leave a school district, they will not maintain a file on your child forever; at some point these records will be destroyed.

Q: Should I mail the records to the new school?

If you have successfully contacted the new school system staff and arranged for eligibility and placement meetings, you may want to arrange for official school records to be sent to your contact person. This could give you a head start on identifying the most appropriate educational program. Again, the goal is to smooth the way for transition into the new school and the more information the new school has about your child and his/her needs, the better.

If you do not yet know who will be handling your child's special education needs, you may want to carry the records with you and personally deliver them at your first meeting with the new school staff. Generally, schools will need original records, but copies can be delivered for use until the official transcripts arrive.

If you do decide to send records in advance, be sure you keep a complete set of the records for your personal files. You may need to provide information to other people, like doctors or therapists, and you will then be able to make duplicates of your file copies.

Q: Should I pack the records?

It would be a good idea to hand carry your child's current records, like this year's IEP and medical papers, with you. Packed boxes may take time to arrive and unpack and the goal is to meet with the staff of the new school as soon as you arrive to facilitate placement. So buy a large sturdy folder which closes securely and use this to transport your child's records.

You can pack records from past years. These probably won't be as immediately important. However, medical records should be kept handy in case of any emergency, so make sure you label the box that contains these records.

Back to top

Q: How do I keep all these records, meetings, eligibility requirements, and emails straight?

Buy a spiral or looseleaf notebook to keep track of all the things you are doing. Put the names, titles, and phone numbers of all the people you talk to in your notebook, along with a few lines about what you discussed and any recommendations that were made. It may be difficult to remember all the new names at first, and this will help you keep your information straight. You can also use this notebook for appointments, directions, and reminders of topics or questions you want to discuss.

Since appointments and meetings will be held in a town you may not be familiar with, it might be a good idea to ask for directions to the meeting place. You can put these directions into the notebook so you'll have them next to the notes about the meeting.

Q: How long will it take to get my child settled into the new school?

This is another hard question to answer. With careful pre-planning, the new school district should be able to arrange for an interim placement immediately. They may want to administer some of their own evaluation tests and certainly will want to develop a new IEP. However, in the meantime, the current IEP can be used to avoid an interruption in school.

You should inquire about transportation and visit the new school as soon as you can. You can call the new school and schedule a time to observe; at the same time, schedule a half hour or so to introduce yourself to the new teacher. Establishing a positive relationship with the new staff is always helpful. Let them know that you are interested in working with them to arrange for a successful placement and that you are available to discuss any questions or concerns they may have. Again, the old school will need to send original records. Give them letters and/or reports from the former teachers and therapists, and be sure to keep copies for your files.

Q: What if there are problems, if my child's placement is delayed, or if I disagree with the placement?

Any time you have concerns about any aspect of your child's special education program, there are established methods for addressing your concerns. Talk to your child's teacher and the special education staff to arrange for a meeting. You may want to review your child's IEP, review progress to date, discuss additional evaluations, request curricula specialists to review your child's progress, etc.

The information provided by the new state should include guidelines for addressing problems. Follow these guidelines. This is also an occasion to contact the parent and/or disability organizations in your new location. They, too, may be able to offer suggestions on effectively addressing the concerns you have.

AND NEVER FORGET: Your state's Parent Center is there to help you with information, training, advocacy, guidance, insights, and connections. Always, always get to know your new state's Parent Center.

_______________________________________________

Checklist

Use this list to check off each task that you need to complete. Just cross out any tasks that don't apply to your family.

____ Get a notebook to keep track of everything you've done or will need to do.

____ Give your child's current school your new address.

____ Find out if all school records are up to date.

____ Request copies of all information in your child's files; be sure all evaluations, assessments, reports, IEPs, therapist's reports, and any related documents are there.

____ Request updates on any school records that need it (IEPs, triennials, vocational assessment, transition plans, etc.)

____ Duplicate all school records. Your school may provide this service or you can frequently find duplicating machines in the public library.

____ Inform your child's teacher(s), therapist(s), employer(s), counselor(s) and other professionals working with your child that you will be moving. Ask them to write letters about their experiences with your child and any recommendations or observations that they have.

____ Call your child's doctor(s) and, if necessary, make appointments.

____ Call your child's dentist and, if necessary, make an appointment.

____ Request copies of all medical records, including those of any specialist(s) your child is seeing. Duplicate these.

____ Call the Social Security toll free line, 1-800-772-1213, to find out about SSI benefits in your new state.

____ Fill all prescriptions, so that you have at least one month's supply.

____ Contact the Department of Special Education in the new state and/or local school district. Request information about policies, procedures and eligibility requirements, and request an appointment for the week of arrival in the new location.

____ Connect with your new state's Parent Center. Visit their website, subscribe to their newsletter, explore the information they offer online, which will be state-specific and of tremendous immediate help.

____ Contact the new school, if possible, and arrange for eligibility and placement meetings soon after you arrive.

____ Contact local parent and/or disability groups in the new location. Your Parent Center is likely to have information about what groups are available.

____ Get a large sturdy folder that closes securely in which to transport your child's records.

____ Put all records in a safe place so they won't be packed or lost (you could put them in the car right now or put them in your hand luggage).

__________________________

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Updated, October 2018 Moving to a new location can sure disrupt your life! For any family this can be a time of chaos. There is the adventure of newness but also a maddening confusion. For a family with a child who has special needs, the confusion can be particularly stressful.

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This resource outlines the protections offered to students and their guardians in Special Education

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Revised October 2016

Note: The term school district is used throughout this document to describe any public education agency responsible for providing your child's special education program. The term assessment is used to mean evaluation or testing. Federal and state laws are cited throughout this notice using English abbreviations, which are explained in a glossary on the last page of this notification.
What is the Notice of Procedural Safeguards?
This information provides you as parents, legal guardians, and surrogate parents of children with disabilities from three (3) years of age through age twenty-one (21) and students who have reached age eighteen (18), the age of majority, with an overview of your educational rights or procedural safeguards.

The Notice of Procedural Safeguards is required under the Individuals with Disabilities Education Act (in English, referred to as IDEA) and must be provided to you:

When you ask for a copy

The first time your child is referred for a special education assessment

Each time you are given an assessment plan to evaluate your child

Upon receipt of the first state or due process complaint in a school year, and

When the decision is made to make a removal that constitutes a change of placement

(20 USC 1415[d]; 34 CFR 300.504; EC 56301[d] [2], EC 56321, and 56341.1[g] [1])
What is the Individuals with Disabilities Education Act (IDEA)?
IDEA is a federal law that requires school districts to provide a "free appropriate public education" (in English, referred to as FAPE) to eligible children with disabilities. A free appropriate public education means that special education and related services are to be provided as described in an individualized education program (in English, known as IEP) and under public supervision to your child at no cost to you.
May I participate in decisions about my child's education?
The parent or guardian, or the local educational agency (LEA), has the right to participate in the development of the IEP and to initiate their intent to electronically audiotape the proceedings of the IEP team meetings. At least 24 hours prior to the meeting, the parent or guardian shall notify the members of the IEP team of their intent to record a meeting. If the parent or guardian does not consent to the LEA audiotape recording an IEP meeting, the meeting shall not be recorded on an audiotape recorder.

Where can I get more help?

When you have a concern about your child's education, it is important that you contact your child's teacher or administrator to talk about your child and any problems you see. Staff in your school district or special education local plan area (SELPA) may answer questions about your child's education, your rights, and procedural safeguards. Also, when you have a concern, this informal conversation often solves the problem and helps to maintain open communication.

You may also want to contact one of the California parent organizations (Family Empowerment Centers and Parent Training Institutes), which were developed to increase collaboration between parents and educators to improve the educational system. Contact information for these organizations is found on the CDE special education California Parent Organizations Web page.

Additional resources are listed at the end of this document to help you understand the procedural safeguards.
What if my child is deaf, hard of hearing, blind, visually impaired, or deaf-blind?
The State Special Schools provide services to students who are deaf, hard of hearing, blind, visually impaired, or deaf-blind at each of its three facilities: the California Schools for the Deaf in Fremont and Riverside and at the California School for the Blind in Fremont. Residential and day school programs are offered to students from infancy to age 21 at both State Schools for the Deaf. Such programs are offered to students aged five through 21 at the California School for the Blind. The State Special Schools also offer assessment services and technical assistance. For more information about the State Special Schools, please visit the California Department of Education (CDE), State Special Schools Web page, or ask for more information from the members of your child's IEP team.

Notice, Consent, Assessment, Surrogate Parent Appointment, and Access to Records

Prior Written Notice
When is a notice needed?
The school district must inform you about proposed evaluations of your child in a written notice or an assessment plan within fifteen (15) days of your written request for evaluation. The notice must be understandable and in your native language or other mode of communication, unless it is clearly not feasible to do so. (34 CFR 300.304; EC 56321)
What will the notice tell me?
The Prior Written Notice must include the following:

1. A description of the actions proposed or refused by the school district

2. An explanation of why the action was proposed or refused

3. A description of each assessment procedure, record, or report the agency used as a basis for the action proposed or refused

4. A statement that parents of a child with a disability have protection under the procedural safeguards

5. Sources for parents to contact to obtain assistance in understanding the provisions of this part

6. A description of other options that the IEP team considered and the reasons those options were rejected; and

7. A description of any other factors relevant to the action proposed or refused. (20 USC 1415[b][3] and [4], 1415[c][1], 1414[b][1]; 34 CFR 300.503)

Parental Consent

When is my approval required for assessment?

You have the right to refer your child for special education services. You must give informed, written consent before your child's first special education assessment can proceed. The parent has at least fifteen (15) days from the receipt of the proposed assessment plan to arrive at a decision. The assessment may begin immediately upon receipt of the consent and must be completed and an IEP developed within sixty (60) days of your consent.
When is my approval required for services?
You must give informed, written consent before your school district can provide your child with special education and related services.
What are the procedures when a parent does not provide consent?
If you do not provide consent for an initial assessment or fail to respond to a request to provide the consent, the school district may pursue the initial assessment by utilizing due process procedures.

If you refuse to consent to the initiation of services, the school district must not provide special education and related services and shall not seek to provide services through due process procedures.

If you consent in writing to the special education and related services for your child but do not consent to all of the components of the IEP, those components of the program to which you have consented must be implemented without delay.

If the school district determines that the proposed special education program component to which you do not consent is necessary to provide a free appropriate public education to your child, a due process hearing must be initiated. If a due process hearing is held, the hearing decision shall be final and binding.
When may I revoke consent?
If at any time subsequent to the initial provision of special education and related services, the parent of a child revokes consent in writing for the continued provision of special education and related services, the public agency:

1. May not continue to provide special education and related services to the child, but must provide prior written notice in accordance with 34 CFR Section 300.503 before ceasing such services

2. May not use the procedures in subpart E of Part 300 34 CFR (including the mediation procedures under 34 CFR Section 300.506 or the due process procedures under 34 CFR Sections 300.507 through 300.516) in order to obtain agreement or a ruling that the services may be provided to the child

3. Will not be considered to be in violation of the requirement to make a free appropriate public education (FAPE) available to the child because of the failure to provide the child with further special education and related services

4. Is not required to convene an IEP team meeting or develop an IEP under 34 CFR Sections 300.320 and 300.324 for the child for further provision of special education and related services

Please note, in accordance with 34 CFR Section 300.9 (c)(3), that if the parents revoke consent in writing for their child's receipt of special education services after the child is initially provided special education and related services, the public agency is not required to amend the child's education records to remove any references to the child's receipt of special education and related services because of the revocation of consent.

Surrogate Parent Appointment
What if a parent cannot be identified or located?
School districts must ensure that an individual is assigned to act as a surrogate parent for the parents of a child with a disability when a parent cannot be identified and the school district cannot discover the whereabouts of a parent.

A surrogate parent may also be appointed if the child is an unaccompanied homeless youth, an adjudicated dependent or ward of the court under the state Welfare and Institution Code, and is referred to special education or already has an IEP. (20 USC 1415[b][2] ; 34 CFR 300.519; EC 56050; GC 7579.5 and 7579.6)

Nondiscriminatory Assessment
How is my child assessed for special education services?
You have the right to have your child assessed in all areas of suspected disability. Materials and procedures used for assessment and placement must not be racially, culturally, or sexually discriminatory.

Assessment materials must be provided and the test administered in your child's native language or mode of communication and in the form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally, unless it is clearly not feasible to so provide or administer.

Independent Educational Assessments
May my child be tested independently at the district's expense?
If you disagree with the results of the assessment conducted by the school district, you have the right to ask for and obtain an independent educational assessment for your child from a person qualified to conduct the assessment at public expense.

The parent is entitled to only one independent educational evaluation at public expense each time the public agency conducts an evaluation with which the parent disagrees.

The school district must respond to your request for an independent educational assessment and provide you information about where to obtain an independent educational assessment.

If the school district believes that the district's assessment is appropriate and disagrees that an independent assessment is necessary, the school district must request a due process hearing to prove that its assessment was appropriate. If the district prevails, you still have the right to an independent assessment but not at public expense. The IEP team must consider independent assessments.

District assessment procedures allow in-class observation of students. If the school district observes your child in his or her classroom during an assessment, or if the school district would have been allowed to observe your child, an individual conducting an independent educational assessment must also be allowed to observe your child in the classroom.

Access to Educational Records
May I examine my child's educational records?
You have a right to inspect and review all of your child's education records without unnecessary delay, including prior to a meeting about your child's IEP or before a due process hearing. The school district must provide you access to records and copies, if requested, within five (5) business days after the request has been made orally or in writing. ( EC 49060, 56043[n], 56501[b][3], and 56504)

How Disputes Are Resolved

Due Process Hearing

When is a due process hearing available?

Mediation and Alternative Dispute Resolution

May I request mediation or an alternative way to resolve the dispute?

A request for mediation may be made either before or after a request for a due process hearing is made.

You may ask the school district to resolve disputes through mediation or alternative dispute resolution (ADR), which is less adversarial than a due process hearing. The ADR and mediation are voluntary methods of resolving a dispute and may not be used to delay your right to a due process hearing.
What is a pre-hearing mediation conference?
You may seek resolution through mediation prior to filing a request for a due process hearing. The conference is an informal proceeding conducted in a nonadversarial manner to resolve issues relating to the identification, assessment, or educational placement of a child or to a FAPE.

At the prehearing mediation conference, the parent or the school district may be accompanied and advised by nonattorney representatives and may consult with an attorney prior to or following the conference. However, requesting or participating in a prehearing mediation conference is not a prerequisite to requesting a due process hearing.

All requests for a prehearing mediation conference shall be filed with the Superintendent. The party initiating a prehearing mediation conference by filing a written request with the Superintendent shall provide the other party to the mediation with a copy of the request at the same time the request is filed.

The prehearing mediation conference shall be scheduled within fifteen (15) days of receipt by the Superintendent of the request for mediation and shall be completed within thirty (30) days after receipt of the request for mediation unless both parties agree to extend the time. If a resolution is reached, the parties shall execute a legally binding written agreement that sets forth the resolution. All discussions during the mediation process shall be confidential. All prehearing mediation conferences shall be scheduled in a timely manner and held at a time and place reasonably convenient to the parties. If the issues fail to be resolved to the satisfaction of all parties, the party who requested the mediation conference has the option of filing for a due process hearing. ( EC 56500.3 and 56503)

Due Process Rights
What are my due process rights?
You have a right to:

1. Have a fair and impartial administrative hearing at the state level before a person who is knowledgeable of the laws governing special education and administrative hearings (20 USC 1415[f][1][A], 1415[f][3][A]-[D]; 34 CFR 300.511; EC 56501[b][4])

2. Be accompanied and advised by an attorney and/or individuals who have knowledge about children with disabilities (EC 56505 [e][1])

3. Present evidence, written arguments, and oral arguments (EC 56505[e][2])

4. Confront, cross-examine, and require witnesses to be present (EC 56505[e][3])

5. Receive a written or, at the option of the parent, an electronic verbatim record of the hearing, including findings of fact and decisions (EC 56505[e][4])

6. Have your child present at the hearing (EC 56501[c][1])

7. Have the hearing be open or closed to the public (EC 56501[c][2])

8. Receive a copy of all documents, including assessments completed by that date and recommendations, and a list of witnesses and their general area of testimony within five (5) business days before a hearing (EC 56505[e][7] and 56043[v])

9. Be informed by the other parties of the issues and their proposed resolution of the issues at least ten (10) calendar days prior to the hearing (EC 56505[e][6])

10. Have an interpreter provided (CCR 3082[d])

11. Request an extension of the hearing timeline (EC 56505[f][3])

12. Have a mediation conference at any point during the due process hearing (EC 56501[b][2]), and

13. Receive notice from the other party at least ten days prior to the hearing that the other party intends to be represented by an attorney (EC 56507[a]). (20 USC 1415[e]; 34 CFR 300.506, 300.508, 300.512 and 300.515)

Filing a Written Due Process Complaint
How do I request a due process hearing?
You need to file a written request for a due process hearing. You or your representative needs to submit the following information in your request:

1. Name of the child

2. Address of the residence of the child

3. Name of the school the child is attending

4. In the case of a homeless child, available contact information for the child and the name of the school the child is attending, and

5. A description of the nature of the problem, including facts relating to the problem(s) and a proposed resolution of the problem(s)

Prior to filing for a due process hearing, the school district shall be provided the opportunity to resolve the matter by convening a resolution session, which is a meeting between the parents and the relevant members of the IEP team who have specific knowledge of the facts identified in the due process hearing request. (20 USC 1415[f][1][B]; 34 CFR 300.510)
What does a resolution session include?
Resolution sessions shall be convened within fifteen (15) days of receiving notice of the parents' due process hearing request. The sessions shall include a representative of the school district who has decision-making authority and not include an attorney of the school district unless the parent is accompanied by an attorney. The parent of the child may discuss the due process hearing issue and the facts that form the basis of the due process hearing request.

The resolution session is not required if the parent and the school district agree in writing to waive the meeting. If the school district has not resolved the due process hearing issue within thirty (30) days, the due process hearing may occur. If a resolution is reached, the parties shall execute a legally binding agreement. (20 USC 1415[f][1][B]; 34 CFR 300.510)
Does my child's placement change during the proceedings?
May the decision be appealed?

The hearing decision is final and binding on both parties. Either party may appeal the hearing decision by filing a civil action in state or federal court within 90 days of the final decision. (20 USC 1415[i][2] and [3][A], 1415[l]; 34 CFR 300.516; EC 56505[h] and [k], EC 56043[w])
Who pays for my attorneys' fees?
Fees may be reduced if any of the following conditions prevail:

1. The court finds that you unreasonably delayed the final resolution of the controversy

2. The attorneys' hourly fees exceed the prevailing rate in the community for similar services by attorneys of reasonably comparable skill, reputation, and experience

3. The time spent and legal services provided were excessive, or

4. Your attorney did not provide to the school district the appropriate information in the due process request notice.

Attorneys' fees will not be reduced, however, if the court finds that the State or the school district unreasonably delayed the final resolution of the action or proceeding or that there was a violation of this section of law. (20 USC 1415[i][3][B]-[G]; 34 CFR 300.517)

Attorneys' fees relating to any meeting of the IEP team may not be awarded unless an IEP team meeting is convened as a result of a due process hearing proceeding or judicial action. Attorneys' fees may also be denied if you reject a reasonable settlement offer made by the district/public agency ten (10) days before the hearing begins and the hearing decision is not more favorable than the offer of settlement. (20 USC 1415[i][3][B]-[G]; 34 CFR 300.517)
To obtain more information or to file for mediation or a due process hearing, contact:
Office of Administrative Hearings
Attention: Special Education Division
2349 Gateway Oaks Drive, Suite 200
Sacramento, CA 95833-4231
916-263-0880
FAX 916-263-0890

School Discipline and Placement Procedures for Students with Disabilities

School Discipline and Alternative Interim Educational Settings

May my child be suspended or expelled?

School personnel may consider any unique circumstances on a case-by-case basis when determining whether a change in placement is appropriate for a child with a disability who violates a code of student conduct from his or her setting to:

An appropriate interim alternative education setting, another setting, or suspension for not more than ten (10) consecutive school days, and

Additional removals of not more than ten (10) consecutive school days in the same school year for separate incidents of misconduct

What occurs after a removal of more than ten (10) days?
After a child with a disability has been removed from his or her current placement for ten (10) school days in the same school year, during any subsequent days of removal the public agency must provide services to enable the child to continue to participate in the general education curriculum and progress toward meeting the goals set out in the child's IEP. Also, a child will receive, as appropriate, a functional behavioral assessment and behavioral intervention services and modifications, which are designed to address the behavior violation so that it does not recur.

If a child exceeds ten (10) days in such a placement, an IEP team meeting must be held to determine whether the child's misconduct is caused by the disability. This IEP team meeting must take place immediately, if possible, or within ten (10) days of the school district's decision to take this type of disciplinary action.

As a parent you will be invited to participate as a member of this IEP team. The school district may be required to develop an assessment plan to address the misconduct or, if your child has a behavior intervention plan, review and modify the plan as necessary.
What happens if the IEP team determines that the misconduct is not caused by the disability?
If the IEP team concludes that the misconduct was not a manifestation of the child's disability, the school district may take disciplinary action, such as expulsion, in the same manner as it would for a child without a disability. (20 USC 1415[k][1] and [7]; 34 CFR 300.530)

If you disagree with the IEP team's decision, you may request an expedited due process hearing, which must occur within twenty (20) school days of the date on which you requested the hearing. (20 USC 1415[k][2]; 34 CFR 300.531[c])

Regardless of the setting the school district must continue to provide FAPE for your child. Alternative educational settings must allow the child to continue to participate in the general curriculum and ensure continuation of services and modifications detailed in the IEP. (34 CFR 300.530; EC 48915.5[b])

Children Attending Private School

May students who are parentally placed in private schools participate in publicly funded special education programs?

Children who are enrolled by their parents in private schools may participate in publicly funded special education programs. The school district must consult with private schools and with parents to determine the services that will be offered to private school students. Although school districts have a clear responsibility to offer FAPE to students with disabilities, those children, when placed by their parent in private schools, do not have the right to receive some
or all of the special education and related services necessary to provide FAPE. (20 USC 1415[a][10][A]; 34 CFR 300.137 and 300.138; EC 56173)
When may reimbursement be reduced or denied?
The court or hearing officer may reduce or deny reimbursement if you did not make your child available for an assessment upon notice from the school district before removing your child from public school. You may also be denied reimbursement if you did not inform the school district that you were rejecting the special education placement proposed by the school district, including stating your concerns and intent to enroll your child in a private school at public expense.

Your notice to the school district must be given either:

At the most recent IEP team meeting you attended before removing your child from the public school, or

In writing to the school district at least ten (10) business days (including holidays) before removing your child from the public school. (20 USC 1412[a][10][C]; 34 CFR 300.148; EC 56176)

When may reimbursement not be reduced or denied?
A court or hearing officer must not reduce or deny reimbursement to you if you failed to provide written notice to the school district for any of the following reasons:

The school prevented you from providing notice

You had not received a copy of this Notice of Procedural Safeguards or otherwise been informed of the requirement to notify the district

Providing notice would likely have resulted in physical harm to your child

Illiteracy and inability to write in English prevented you from providing notice, or

Providing notice would likely have resulted in serious emotional harm to your child

State Complaint Procedures
When may I file a state compliance complaint?
You may file a state compliance complaint when you believe that a school district has violated federal or state special education laws or regulations. Your written complaint must specify at least one alleged violation of federal and state special education laws. The violation must have occurred not more than one year prior to the date the complaint is received by the California Department of Education (CDE). When filing a complaint, you must forward a copy of the complaint to the school district at the same time you file a state compliance complaint with the CDE. (34 CFR 300.151-153; 5 CCR 4600)

Complaints alleging violations of federal and state special education laws or regulations may be mailed to:

California Department of Education
Special Education Division
Procedural Safeguards Referral Service
1430 N Street, Suite 2401
Sacramento, CA 95814

For complaints involving issues not covered by federal or state special education laws or regulations, consult your district's uniform complaint procedures.

To obtain more information about dispute resolution, including how to file a complaint, contact the CDE, Special Education Division, Procedural Safeguards Referral Service, by telephone at 800-926-0648; by fax at 916-327-3704; or by visiting the CDE, Special Education Web page.

Glossary of Abbreviations Used in This Notification

ADR: Alternative Dispute Resolution

CFR: Code of Federal Regulations

EC: California Education Code

FAPE: Free Appropriate Public Education

IDEA: Individuals with Disabilities Education Act

IEP: Individualized Education Program

OAH: Office of Administrative Hearings

SELPA: Special Education Local Plan Area

Last Reviewed: Tuesday, July 2, 2019

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Note: The term school district is used throughout this document to describe any public education agency responsible for providing your child's special education program. The term assessment is used to mean evaluation or testing. Federal and state laws are cited throughout this notice using English abbreviations, which are explained in a glossary on the last page of this notification.

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Your Special Needs Child's Legal Rights 

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Your Special Needs Child's Legal Rights 

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What is IDEA? How does it pertain to you and your student? Learn more about it here.

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California Special Education Law & Advocacy

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What is the IDEA?

The IDEA was amended in 1997 to provide related services (accommodations) to children in the general education curriculum. Previously, the law did not specifically incorporate disabled students within general education classrooms. The IDEA now mandates improving teaching and learning by specific focus on the Individualized Education Program ("IEP") as the primary means of developing a child's involvement in the general curriculum to the greatest extend possible.

The IDEA was again amended in 2004. IDEA 2004 contains a number of procedural and substantive changes and brings the IDEA into compliance with the No Child Left Behind Act of 2001 (NCLB).

The IDEA 2004 statutory language states "Over 30 years of research and experience has demonstrated that the education of children with disabilities can be made more effective by... having high expectations for such children and ensuring their access in the general curriculum to the maximum extent possible." 20 U.S.C. § 1400(5)(A).
Specific Provisions:
Civil Rights. IDEA is a "grant statute" that creates civil rights.

Substantive Protections. The IDEA requires:

All children with disabilities are to be given a free appropriate public education (FAPE).

Education and Related Services must be provided to children up to the age of 21 (California extends this to age 22).

Education includes academic as well as self-help and vocational skills.

Education must be provided in the "Least Restrictive Environment" (LRE).

Education must be individualized and appropriate to the child's needs.

Procedure Protections. Procedural Protections of the IDEA include:

A child's right to be given notice of a proposed decision about his educational program.

Notice must be given to parents regarding their procedural protections and substantive protections under the IDEA.

Right to an IEP.

Right to an administrative or court hearing and the right to have a record of the hearing.

Right for child to remain in his educational setting until any dispute is resolved (Stay-Put Provision).

Right to attorneys' fees if the family is the prevailing party at an administrative hearing.

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Your Special Needs Child's Legal Rights | California Special Education Law & Advocacy

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The IDEA was amended in 1997 to provide related services (accommodations) to children in the general education curriculum. Previously, the law did not specifically incorporate disabled students within general education classrooms. The IDEA now mandates improving teaching and learning by specific focus on the Individualized Education Program ("IEP") as the primary means of developing a child's involvement in the general curriculum to the greatest extend possible.

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8 Parental Rights In The IEP Process | Special Education Decoded

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8 Parental Rights In The IEP Process | Special Education Decoded

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This video explains 8 Parental Rights during the IEP process. It offers guidance on questions and concerns to be addressed by your student's IEP team.

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8 Parental Rights In The IEP Process | Special Education Decoded

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California Department of Education & Partners Resources

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California Department of Education & Partners Resources

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Family Empowerment Centers  provides "training and information to families of children and young adults with disabilities, between the ages of 3 and 22." This resource offers vital information for students and their families as they move through their education.

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Seeds of Partnership - Family Empowerment Centers

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Rights of Special Education Students: Discipline 

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Rights of Special Education Students: Discipline 

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This video explains student rights under the federal Individuals with Disabilities Education Act as pertains to discipline in the classroom.

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Rights of Special Education Students: Discipline

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California Department of Education. (n.d.). Oak Ridge High School Performance Overview. California School Dashboard. Retrieved October 31, 2021, from https://www.caschooldashboard.org/reports/09618530930081/2019.

Our District. El Dorado Union High School District. (n.d.). Retrieved October 31, 2021, from https://www.eduhsd.k12.ca.us/About-Us/Our-District/index.html.