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Special education refers to a range of services to help kids with disabilities learn and make progress in school. Explore this guide to special education basics.

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A 504 plan is a blueprint for how the school will support a student with a disability and remove barriers to learning. The goal is to give the student equal access at school.

504 plans are formal plans that schools develop to give kids with disabilities the support they need. That covers any condition that limits daily activities in a major way.

504 plans often include accommodations. These can include:

Changes to the environment (like taking tests in a quiet space)

Changes to instruction (like checking in frequently on key concepts)

Changes to how curriculum is presented (like getting outlines of lessons)

Accommodations don't change what kids learn, just how they learn it. The goal is to remove barriers and give kids access to learning.

While it's rare, 504 plans can provide modifications. Unlike accommodations, modifications do change what a student is taught or is expected to learn. Students might get fewer homework assignments, for instance. Or they may be graded in a different way than their classmates.

The process for getting a 504 plan is different, and simpler, than the process for getting an IEP. But it varies from school district to school district

With 504 plans, schools look at information about a student from a few different sources. One source might be a medical diagnosis. Schools might also look at the student's grades, test scores, and teacher recommendations.

Families or schools can request a 504 plan through the school district's 504 coordinator. This person may also be the IEP coordinator. (Ask the principal if you're not sure who to contact.) The request must be in writing. The school will then hold a meeting to decide if the child qualifies and what supports are appropriate.

Legal rights under 504 plans

The 504 process has fewer protections than the special education process. But families can still play an important role by staying involved and making sure kids with disabilities get the same education as kids who don't.

Key takeaways

504 plans are designed to help kids with disabilities learn alongside their peers.

A 504 plan isn't the same as an IEP.

There are fewer safeguards in the 504 plan process than in the IEP process, so it's important to be proactive.

About the author

About the author

The Understood Team is made up of passionate writers and editors. Many of them have kids who learn and think differently.

Reviewed by

Reviewed by

Melody Musgrove, EdD served as director of the Office of Special Education Programs (OSEP) in the U.S. Department of Education.

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What is a 504 plan? Get a definition of 504 plans and learn about Section 504 services for students in this guide.

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Learn more about Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability in programs or activities that receive federal financial assistance from the U.S. Department of Education.

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Section 504 of the Rehabilitation Act of 1973

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Section 504 of the Rehabilitation Act of 1973

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By Andrew M.I. Lee, JD

At a glance

Section 504 of the Rehabilitation Act of 1973 is a civil rights law that bans disability discrimination.

It's also the law that provides 504 plans.

Under Section 504, students with disabilities have the right to reasonable accommodations.

If your child has learning and thinking differences, you may have heard of a law with an odd-sounding name: Section 504 of the Rehabilitation Act of 1973. What does this law do? And how can it help your child?

Section 504 Fact Sheet PDF

The Rehabilitation Act of 1973 was the country's first civil rights law for people with disabilities. Section 504 is the part of that law that gives your child important rights in public and private schools. Read on to learn more.

The Purpose of Section 504

Section 504 has two main purposes. One is about removing barriers for students with disabilities in K-12 public schools. The other is about protecting kids and adults with disabilities from discrimination in school settings and beyond.

1. Provide FAPE for students with disabilities in K-12 public schools. FAPE stands for "free appropriate public education." Under Section 504, "appropriate" means providing supports to give a child access to the same education their peers are getting.

If the school determines that a child is eligible under Section 504, it must provide appropriate services and supports. This happens through a 504 plan, again at no cost to parents.

The goal of 504 plans is to remove barriers to learning for students with disabilities. Schools must meet the needs of these students just as they meet the needs of students without disabilities.

Keep in mind that "appropriate" has a slightly different meaning under Section 504 than it does under IDEA, which also guarantees FAPE. Under IDEA, it means providing special education services through an IEP to meet a child's unique needs. Learn about the differences between IEPs and 504 plans.

2. Prohibit discrimination against people with disabilities in "programs and activities" that get federal funding. "Programs and activities" refers to anything done by the federal government, from running national parks to collecting taxes. But it also covers many private organizations you might not think of.

For example, Section 504 applies to airports. It applies to housing funded with federal grants. And it applies to all K-12 public schools, and most private schools and colleges, so long as they receive federal funding (most do).

Section 504 also gives people the right to reasonable accommodations in these programs and activities. Accommodations are changes that give people equal access-for example, providing an audiobook version of a national park guide.

However, the law also says that people with disabilities don't have a right to accommodations that would "fundamentally alter" an activity. Nor do they have the right to accommodations that create an "undue burden." For example, adding an extra base in baseball might be a fundamental alteration to baseball. But many accommodations for people with learning and thinking differences, like using text-to-speech to help with reading, don't fundamentally change an activity.

Protections Under Section 504: Who's Eligible

Section 504 is very broad in who it covers. It protects any student who has "a physical or mental impairment which substantially limits one or more major life activities." Life activities can include everyday activities like eating, sleeping and walking. But they can also include learning, concentrating, thinking and communicating.

Most kids with learning and thinking differences are protected by Section 504. The law can cover students with learning disabilities like dyslexia, and those with ADHD, anxiety and many other challenges.

It's important to know that kids are protected even if they take medication that helps with their symptoms. Section 504 also protects kids who are perceived as having a disability, even if they don't have one.

Here's an example: The director of the school choir tells the assistant director not to pick a certain child for choir because the child has trouble paying attention and the director doesn't want "ADD kids." It doesn't matter whether the child does or doesn't have ADHD. It still counts as discrimination.

The Relationship of Section 504 to Other Laws

ADA extends Section 504's protections to employers and to public spaces. These include places like stores and museums. ADA and Section 504 cover the same people. So, if your child is covered by 504, ADA protections also apply.

IDEA is different. It can offer students an IEP with special education services tailored to their unique needs. However, it's harder to qualify for IDEA than for Section 504. Just because a child is protected by Section 504 doesn't mean that child is protected by IDEA. And IDEA doesn't apply to college.

How to Access Protections Under Section 504

If you think your child has been discriminated against because of a disability, there are steps you can take. You can file a complaint to the Office for Civil Rights (OCR) for the U.S. Department of Education. (Check out the OCR website for more information.) You can also file a lawsuit, though it can be expensive. And it's important to talk to an attorney before doing so.

Key takeaways

The two main purposes of Section 504 are to prohibit disability discrimination and to provide FAPE to K-12 students with disabilities.

Section 504 applies to public schools, as well as to most colleges and private schools.

Most kids with learning and thinking differences are protected by Section 504.

About the author

Reviewed by

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Section 504 of the Rehabilitation Act of 1973

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Section 504 of the Rehabilitation Act of 1973 is a civil rights law that bans disability discrimination. It's also the law that provides 504 plans. Under Section 504, students with disabilities have the right to reasonable accommodations.

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Barstow Adult Education - Barstow Area Resource Guide

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Barstow Adult Education - Barstow Area Resource Guide

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IEPs in school: An Individualized Education Program (IEP) is a written education plan designed to meet a child’s learning needs. Learn about the purpose of an IEP and the IEP process in this guide.

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At a glance

The Individuals with Disabilities Education Act (IDEA) requires public schools to provide special education services to eligible students.

IDEA covers 13 disability categories.

Not every student who struggles in school qualifies.

The Individuals with Disabilities Education Act (IDEA) requires public schools to provide special education and related services to eligible students. But not every child who struggles in school qualifies. To be covered, a child's school performance must be "adversely affected" by a disability in one of the 13 categories below.

1. Specific learning disability (SLD)

The "specific learning disability" (SLD) category covers a specific group of learning challenges. These conditions affect a child's ability to read, write, listen, speak, reason, or do math. Here are some examples of what could fall into this category:

SLD is the most common category under IDEA. In the 2018-19 school year, around 33 percent of students who qualified did so under this category.

2. Other health impairment

The "other health impairment" category covers conditions that limit a child's strength, energy, or alertness. One example is ADHD, which impacts attention and executive function.

3. Autism spectrum disorder (ASD)

ASD is a developmental disability. It involves a wide range of symptoms, but it mainly affects a child's social and communication skills. It can also impact behavior.

Various mental health issues can fall under the "emotional disturbance" category. They may include anxiety disorder, schizophrenia, bipolar disorder, obsessive-compulsive disorder, and depression. (Some of these may also be covered under "other health impairment.")

5. Speech or language impairment

This category covers difficulties with speech or language. A common example is stuttering. Other examples are trouble pronouncing words or making sounds with the voice. It also covers language problems that make it hard for kids to understand words or express themselves.

6. Visual impairment, including blindness

A child who has eyesight problems is considered to have a visual impairment. This category includes both partial sight and blindness. If eyewear can correct a vision problem, then it doesn't qualify.

Kids with a diagnosis of deafness fall under this category. These are kids who can't hear most or all sounds, even with a hearing aid.

The term "hearing impairment" refers to a hearing loss not covered by the definition of deafness. This type of loss can change over time. Being hard of hearing is not the same thing as having trouble with auditory or language processing.

Kids with a diagnosis of deaf-blindness have both severe hearing and vision loss. Their communication and other needs are so unique that programs for just the deaf or blind can't meet them.

10. Orthopedic impairment

An orthopedic impairment is when kids lack function or ability in their bodies. An example is cerebral palsy.

11. Intellectual disability

Kids with this type of disability have below-average intellectual ability. They may also have poor communication, self-care, and social skills. Down syndrome is one example of a condition that involves an intellectual disability.

12. Traumatic brain injury

This is a brain injury caused by an accident or some kind of physical force.

13. Multiple disabilities

A child with multiple disabilities has more than one condition covered by IDEA. Having multiple issues creates educational needs that can't be met in a program designed for any one disability.

Having a disability is not enough to qualify for special education. The disability has to have an "adverse effect" on a child's education.

Key takeaways

Each of the 13 disability categories in IDEA can cover a range of difficulties.

Dyslexia, dyscalculia, and written expression disorder fall under the "specific learning disability" category.

"Other health impairment" can cover ADHD.

About the author

About the author

Andrew M.I. Lee, JD is an editor and attorney who strives to help people understand complex legal, education, and parenting issues.

Reviewed by

Reviewed by

Rayma Griffin, MA, MEd has spent her 40-year career advocating for the rights of children with learning and thinking differences, both in the classroom and as an educator.

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See a list of the 13 IDEA disability categories. Find out which disabilities can qualify kids for special education.

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What is the Individuals with Disabilities Education Act (IDEA)?

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What is the Individuals with Disabilities Education Act (IDEA)?

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At a glance

IDEA is the nation's special education law.

Schools must find and evaluate students thought to have disabilities - at no cost to families.

To qualify for IDEA services, a child must have a disability and need special education to make progress in school.

To get special education services for a child, you have to follow a legal process. The most important law for this process is the Individuals with Disabilities Education Act (IDEA).

IDEA is the nation's special education law. It gives rights and protections to kids with disabilities. It covers them from birth through high school graduation or age 21 (whichever comes first). Parents and legal guardians also have rights under the law.

IDEA places two big responsibilities on states and their public schools.

Schools must find and evaluate students who may have disabilities, at no cost to families. This is known as Child Find. If a child has a qualifying disability, schools must offer special education and related services (like speech therapy and counseling) to meet the child's unique needs. These are provided through an Individualized Education Program (IEP). The goal is to help students make progress in school.

Second, schools have to give parents a voice in their child's education. At every point in the process, IDEA gives parents specific rights and protections. These are called procedural safeguards. For example, one safeguard is that a school must get consent from parents before providing services to kids.

The reach of IDEA goes beyond traditional public schools. It includes public magnet and charter schools. The law also provides early intervention services to infants and toddlers up to age 3. Finally, IDEA may impact some students in private schools.

Dive deeper

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What is the Individuals with Disabilities Education Act (IDEA)?

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What is the Individuals with Disabilities Education Act (IDEA)? IDEA is a federal law that lays out children's rights in special education. Here's how it works.

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Services 1 - Desert Sanctuary Haley House Inc.

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Find healthy ways to cope with stress. This group is geared towards people looking for healthy ways to cope with stress. Not just the current stress (which WILL be over some day), but with stressors we all experience at some time in our lives.

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BCC - Foster & Kinship Care Education Program

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BCC - Foster & Kinship Care Education Program

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FKCE Current Class Schedule | Barstow Community College

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For general information regarding workshops, please call 760-252-2411 x7376. All of the classes listed in this schedule meet the criteria for San Bernardino County’s emotional behavioral training and for Los Angeles County’s “D” rate training. All training must be selected based on the individual needs of the foster/kinship child. Please discuss any additional training issues with your Children and Family Services (CFS) worker or the Specialized Care Facilitator as needed. For Specialized Care Rate information for San Bernardino County, contact Elaine Bobadilla at 909-891-3621.

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Find free or reduced-cost resources like food, housing, financial assistance, health care, and more.
Help starts here.

34,622,305 people use it (and growing daily)

If you or someone you know is in crisis, call or text 988 to reach the Suicide and Crisis Lifeline, chat with them online via their website, or text HOME to 741741 (multiple languages available). If this is an emergency, call 911.

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findhelp.org by findhelp - Search and Connect to Social Care

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Search and connect to support. Find financial assistance, food pantries, medical care, and other free or reduced-cost help in your area, anywhere in the US.

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Special Education - Parents' Rights & Procedural Safeguards

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Special Education - Parents' Rights & Procedural Safeguards

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Introduction

This information provides parents, legal guardians, and surrogate parents of children with disabilities from three years of age through age 21 an overview of their educational rights, sometimes called procedural safeguards. This information is your Notice of Procedural Safeguards as required under the Individuals with Disabilities Education Act (IDEA). This notice is also provided for students who are entitled to these rights at age 18. (NOTE: The term LEA (local education agency) 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.)

The IDEA is a Federal law that requires LEAs to provide a free appropriate public education (FAPE) to eligible children with disabilities. "A free appropriate public education" means special education and related services provided as described in an individualized education program (IEP) and under public supervision, to your child at no cost to you. When you have a concern about your child's education, it is important that you call or contact your child's teacher or administrators to talk about your child and any problems you see. Staff in your LEA or special education local plan area (SELPA) can answer questions about your child's education, your rights and procedural safeguards. When you have a concern, it is this informal conversation that often solves the problem and helps 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 California Department of Education Parent Organizations web page (http://www.cde.ca.gov/sp/se/aq/caprntorg.asp).

Prior Written Notice

The LEA must inform you about proposed evaluations of your child in a written notice or an assessment plan within 15 days of your written request for evaluation that is understandable and in your native language or other mode of communication unless it is clearly not feasible to do so. This notice must be given when the LEA proposes or refuses to initiate a change in the identification, assessment, or educational placement of your child with special needs or the provision of a free appropriate public education. If you refuse consent for the initial or continued placement and receipt of special education and related services for your child, the LEA is not required to develop an IEP and is not considered to be in violation of the requirement to make available a free and appropriate public education. You may only revoke consent in writing and the LEA must then provide you written notice that services for your child will be discontinued. The LEA must also provide reasonable written prior notice that your child will be aging out (reaching age 22) or graduating from high school with a regular high school diploma because graduation from high school constitutes a change in placement.

The Prior Written Notice Must Include the Following:

A description of the actions proposed or refused by the LEA; an explanation of why the action is proposed or refused; a description of any other options considered and the reasons those options were rejected; a description of each assessment procedure, test, record or report used as a basis for the action proposed or refused; a description of any other factors relevant to the action proposed or refused; and a statement that you as a parent of a child with a disability are protected by the procedural safeguards. If the notice is not in regard to an initial referral for assessment, the notice must provide a statement that you have protections under procedural safeguards; information on how you can obtain a copy of described procedural safeguards; and sources of additional assistance in understanding the procedural safeguards.

The Notice of Procedural Safeguards must be given to you (Education Code section 56301(d)(2):

Upon initial referral for special education

Once each year

When you request them

Your request for an evaluation

The first occurrence of mediation or a due process hearing

Decision made to make a removal that constitutes a change of placement

Parent Participation

You have the right to refer your child for special education services. You must be given opportunities to participate in any decision-making meeting regarding your child's special education program. You have the right to participate in IEP meetings about the identification (eligibility), assessment, and educational placement of your child and other matters relating to your child's free appropriate public education. You also have the right to participate in the development of the IEP and to be informed of the availability of free appropriate public education including all program options and of all available alternative programs, both public and nonpublic. You have the right to record electronically the proceedings of the IEP team on an audiotape recorder. The law requires that you notify the LEA at least 24 hours prior to meeting if you intend to record the proceedings. If the LEA initiates the notice of intent to audio record a meeting and you object or refuse to attend the meeting because it will be audio recorded, the meeting shall not be audio recorded.

Surrogate Parents

LEAs 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 LEA cannot discover the whereabouts of a parent. A surrogate parent may be appointed if the child is an unaccompanied homeless youth, adjudicated dependent, or ward of the court under the State Welfare and Institution Code and the child is referred to special education or already has an IEP (34 CFR 300.519; EC 56050; GC 7579.5 and 7579.6).

Parent Consent

You must give informed, written consent before your child's first special education assessment can proceed and before the LEA can provide your child's special education program. You have 15 days from the receipt of the proposed assessment plan to arrive at a decision. The assessment may begin immediately upon receipt of your consent and must be completed and an IEP developed within 60 days of your consent. In the case of reevaluations, the LEA must document reasonable attempts to obtain parental consent. If the parents do not respond to these attempts, the LEA may proceed with the reevaluation without consent (34 CFR 300.300; EC 56506(e) and (d), and 56346). If you do not provide consent for an initial assessment or fail to respond to a request to provide consent, the LEA may pursue the initial assessment by utilizing due process procedures. If you refuse to consent to the initiation of services, the LEA will not provide special education and related services and will not seek to provide services through due process. 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 LEA 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.

Consent to Bill California Medi-Cal

Release/Exchange Information for Health Related Special Education and Related Services. LEAs may submit claims to California Medi-Cal for covered services provided to Medi-Cal eligible children enrolled in special education programs. The Medi-Cal program is a way for LEAs and/or County Offices of Education (COEs) to receive Federal funds to help pay for health related special education and related services.

Your consent is voluntary and can be revoked at any time. If you do revoke consent, the revocation is not retroactive. Consent will not result in denial or limitation of community-based services provided outside the school. If you refuse to consent for the LEA and/or COE to access California Medi-Cal to pay for health related special education and/or related services, the LEA and/or COE is still responsible to ensure that all required special education and related services are provided at no cost to you. As a parent, you need to know that:

You may refuse to sign consent.

Information about your family and child is strictly confidential.

Your rights are protected under Title 34 of the Code of Federal Regulations 300.154; Family Education Rights Privacy Act of 1974 (FERPA); Title 20 of the United States Code Section 1232(g); and Title 34 of the Code of Federal Regulations Section 99.

Your consent is good for one year unless you withdraw your consent before that time. Your consent can be renewed annually at the IEP team meeting.

Furthermore, as a public agency, the LEA may access your public benefits or insurance to pay for related services required under Part B of the IDEA for a free appropriate public education. For related services required to provide FAPE to an eligible student, the LEA:

May not require you to sign up for or enroll in public benefits or insurance programs (Medi-Cal) in order for your child to receive FAPE under Part B of the IDEA (34 CFR 300.154(d)(2)(i)).

May not require you to incur an out-of-pocket expense such as the payment of a deductible or co-pay amount incurred in filing a claim for services and reimbursement through Medi-Cal (34 CFR 300.154(d)(2)(ii)).

May not use your child's benefits under Medi-Cal if that use would:

Decrease available lifetime coverage or any other insured benefit;

Result in the family paying for services that would otherwise be covered by the public benefits or insurance program (Medi-Cal) and are required for your child outside of the time your child is in school;

Increase premiums or lead to the discontinuation of public benefits or insurance (Medi-Cal); and/or

Risk loss of eligibility for home and community-based waivers, based on aggregate health related expenditures.

Parental Revocation of Consent after Consenting to Initial Provision of Services

You may only revoke your consent in writing and this action cannot be retroactive. Once you revoke consent to the initial provision of services, the LEA will provide prior written notice before ceasing the services. If in the future you seek re-enrollment in special education for your child, the assessment will be treated as an initial evaluation. The LEA may not use the procedures in subpart E of Part 300, 34 CFR (including the mediation procedures under 34 CFR 300.506 or the due process procedures under 34 CFR 300.507 through 300.516) to obtain agreement or a ruling that the services may be provided to your child. The LEA will not be in violation of the requirement to make a free appropriate public education available to your child because of the failure to provide the child with further special education and related services. The LEA is not required to convene an IEP team meeting or develop an IEP under 34 CFR 300.320 and 300.324 for your child for further provision of special education and related services. In accordance with 34 CFR 300.9(c)(3), if you revoke consent in writing for your child's receipt of special education services after your child is initially provided special education and related services, the LEA is not required to amend your child's education records to remove any references to your child's receipt of special education and related services because of the revocation of consent.

Child Participation/Right

As part of the participation of an individual with exceptional needs in the development of an individualized education program, as required by Federal law, your child has the right to meet with his/her IEP team at any time, to provide confidential input to any representative of his/her IEP team (EC 56341.5(d)).

Age of Majority

When your child reaches the age of 18, all rights under Part B of the IDEA will transfer to your child. The only exception will be if your child is determined to be incompetent under State law.

Nondiscriminatory Evaluations

You have the right to have your child assessed in all areas of suspected disability. Evaluations are conducted prior to an initial placement, triennially, but not more frequently than once per year unless the parent and the school agree otherwise. Materials and procedures used for evaluations and placement must not be racially, culturally, or sexually discriminatory. Tests must be 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 do so. No single procedure can be the sole criteria for determining eligibility and developing a free appropriate public education for your child. (20 USC sections 1414 (b)(1-3), 1412(a)(6)(B); 34 CFR section 300.304; EC sections 56001(j) and 56320).

Access to Educational Records and Other Rights Related to Records

You have a right to inspect and review all of your child's education records without unnecessary delay before any meeting about your child's IEP or before any due process hearing. The LEA must provide you access to records and copies if requested, within five business days after the request has been made orally or in writing (Education Code sections 49060, 56043(n), 56501(b)(3), and 56504).

Independent Educational Evaluation

If you disagree with the results of the evaluation conducted by the LEA, you have the right to ask for and obtain an independent educational evaluation (IEE) for your child from a person qualified to conduct the evaluation at public expense. You are entitled to only one independent educational evaluation at public expense each time the LEA conducts an evaluation with which you disagree. The LEA must respond to your request for an independent educational evaluation and provide you information upon request about where to obtain an independent educational evaluation. If the LEA disagrees that an independent evaluation is necessary, the LEA must request a due process hearing to prove that its evaluation was appropriate. If the LEA prevails, you still have the right to an independent evaluation but not at public expense. The IEP team must consider the results and recommendations of independent evaluations. LEA evaluation procedures allow in-class observation of students. If the LEA observes your child in his or her classroom during an evaluation or if the LEA would have been allowed to observe your child, an individual conducting an independent educational evaluation must also be allowed to observe your child in the classroom. If the LEA proposes a new school setting for your child and an independent educational evaluation is being conducted, the independent evaluator must be allowed to first observe the proposed new setting (20 USC sections 1415(b)(1) and (d)(2)(A);Title 34 of the Code of Federal Regulations section 300.502; Education Code section 56329(b) and (c)).

Local Mediation/Alternative Dispute Resolution

LEAs have the opportunity to resolve parent concerns and complaints at the local level through individual Uniform Complaint Process/Procedures which are described in the LEA's board policy or charter petition. Alternate Dispute Resolution (ADR) is another voluntary method of resolving a dispute at the local level and is requested by the parent or LEA. It provides the opportunity for both the parent and LEA to meet at a convenient location and time to resolve concerns. It is facilitated by a trained ADR Coordinator. A request to schedule an ADR session is made to the Desert/Mountain Special Education Local Plan Area (SELPA), office of the Program Manager for Due Process. A request for Mediation Only is made by the parent or LEA to the Office of Administrative Hearings (OAH) before a due process complaint is filed. Mediation Only is a voluntary process and all discussion during a mediation session is confidential. Attorneys or advocates are not in attendance during a Mediation Only session. An Administrative Law Judge (ALJ) from OAH is assigned to facilitate this confidential process. The Uniform Complaint Process, ADR, and Mediation Only are voluntary methods of resolving a dispute and may not delay a parent's right to a due process hearing. All three methods are less adversarial and allow all parties to resolve the concerns in a timely manner. The mandatory early resolution session (ERS) and mediation are the first two steps in the three-step process initiated when a parent files a due process complaint with OAH. Attorneys and advocates are invited to attend both the ERS and Mediation session when a due process complaint has been filed.

Due Process Hearing

You have the right to request an impartial due process hearing regarding the identification, evaluation, educational placement, or the provision of a free appropriate public education for your child. The request for a due process hearing must be filed within two years from the date you knew, or had reason to know of the facts that are the basis for the hearing request (Title 34 of the Code of Federal Regulations section 300.507; Education Code sections 56501 and 56505(l)). There is an exception to this timeline if you were prevented from requesting a hearing earlier because the LEA misrepresented that it had resolved the problem or withheld information that should have been provided to you. Requests for a hearing are to be sent to the Special Education Headquarters, Office of Administrative Hearings, 2349 Gateway Drive, Suite 200, Sacramento, CA 95833-4231. Requests must include the student's name; residential address; the name of the student's school; in the case of a homeless child, available contact information and the name of the school the child is attending; and a description of the problem, facts about the problem, and a proposed resolution. A due process hearing may not take place until the party or the attorney representing the party files a notice that meets these requirements.

You have a right to:

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;

Be accompanied and advised by an attorney and/or individuals who have knowledge about children with disabilities;

Present evidence, written arguments, and oral arguments;

Confront, cross-examine, and require witnesses to be present;

Receive a written or electronic verbatim record of the hearing, including findings of fact and decisions;

Have your child present at the hearing;

Have the hearing open or closed to the public;

Be informed by the other parties of the issues and their proposed resolution of the issues at least 10 calendar days prior to the hearing;

Within five business days before a hearing, 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;

Have an interpreter provided;

Request an extension of the hearing timeline;

Have a mediation conference at any point during the hearing; and

Receive notice from the other party at least 10 days prior to the hearing that it intends to be represented by an attorney.

Filing a Written Due Process Complaint

In order to file a request for due process hearing, you or your representative must submit the following information in your request:

1. Name of the child;

2. Address of the residence of the child;

3. Name of 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).

Whenever a request for a due process hearing has been filed, you and the LEA have the opportunity for an impartial due process hearing which is conducted by officials of the State. Within 15 days of receiving the notice of the complaint and prior to the opportunity for an impartial due process hearing, the LEA shall convene a Resolution Meeting with you and the other relevant members of the IEP team who have specific knowledge of the facts contained in the complaint. This meeting includes a representative of the LEA who has decision-making authority on behalf of the LEA. The LEA will not have an attorney present at this meeting unless an attorney accompanies you. During the Resolution Meeting, you discuss the complaint and the LEA is provided the opportunity to resolve the complaint. You and the LEA can agree to waive the Resolution Meeting or agree to the mediation process. If a resolution is reached at the meeting, the parties will execute a written agreement that is signed by both you and the LEA. Either party may void the agreement within three business days. If the complaint is not resolved within 30 days of receiving the complaint, the due process hearing may take place and all applicable timelines will commence. Mediation is a voluntary method of resolving a dispute and may not be used to delay your right to a due process hearing. Parents and the LEA must agree to try mediation before mediation is attempted. A mediator is a person who is trained in strategies that help people come to agreement over difficult issues.

The child involved in any administrative or judicial proceeding must remain in the current educational placement pending the decision of the hearing officer or 45 school days whichever comes first, unless you and the LEA agree on another arrangement. If you are applying for initial admission to a public school, your child may be placed in a public school program with parental consent until all proceedings are completed. The hearing decision is final and binding on both parties. Either party can appeal the hearing decision by filing a civil action in State or Federal court within 90 days of the final decision. Federal and State laws require that either party filing for a due process hearing must provide a copy of the written request to the other party.

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
Phone: 916-263-0880
Fax: 916-263-0890

The OAH can also be contacted by email using the Secure e-File Transmission (SFT) system. The SFT may be found on OAH's website

Attorney Fees

In any action or proceeding regarding a due process hearing, a court, in its discretion, may award reasonable attorney's fees as part of the costs to you as parent of a child with a disability if you are the prevailing party in the hearing. Reasonable attorney fees may also be awarded following the conclusion of the administrative hearing with the agreement of the parties. The court may also award attorney fees to the State or LEA if the attorney of the parent files a claim or subsequent cause of action that is frivolous, unreasonable, and without foundation, or is presented for any improper use such as harassment, delay or needlessly increasing the cost of litigation.

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 hourly attorney 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 LEA the appropriate information in the due process complaint. Attorney fees will not be reduced, however, if the court finds that the State or the LEA unreasonably delayed the final resolution of the action or proceeding, or there was a violation of this section of law.

Attorney fees may not be awarded relating to any meeting of the IEP team unless an IEP meeting is convened as a result of a due process hearing proceeding or judicial action. Attorney fees may also be denied if you reject a reasonable settlement offer made by the LEA/public agency at least 10 days before the hearing begins and the hearing decision is not more favorable than the settlement offer.

Complaint Regarding Violation of a State or Federal Law

You may file a compliance complaint with the California Department of Education (CDE) if you believe the LEA has, or is, violating a State or Federal law. You may send a written complaint to the California Department of Education, Special Education Division, Procedural Safeguards Referral Service, 1430 N Street, Suite 2401, Sacramento, CA 95814. This is NOT the same thing as filing for due process. Your written complaint must specify at least one alleged violation of Federal and State special education laws, and the violation must have occurred not more than one year prior to the date the complaint is received by the California Department of Education. When filing a complaint, you must forward a copy of the complaint to the LEA at the same time you file a state compliance complaint with the CDE. (34 CFR section 300.151-153; 5 CCR section 4600) Within 60 days after a complaint is filed, the California Department of Education will carry out an independent investigation, give the complainant an opportunity to provide additional information, and make a determination as to whether the LEA has violated laws or regulations and issue a written decision that addresses the allegations. Complaints not involving the Individuals with Disabilities Education Act generally fall under the Uniform Complaint Procedures in each LEA. To obtain more information about dispute resolution, including how to file a complaint, contact the California Department of Education, Special Education Division, Complaint Support Unit, by telephone at (800) 926-0648; by fax at (916) 327-3704; or by visiting the California Department of Education, Special Education website (http://www.cde.ca.gov/sp/se).

School Discipline and Placement Procedures for Students with Disabilities

Children with disabilities may be suspended or placed in other alternative interim settings or other settings to the same extent these options would be used for children without disabilities. If a child exceeds 10 consecutive days in such a placement, or more than 10 cumulative days in certain circumstances, an IEP meeting must be held to determine whether the child's misconduct was a manifestation of his/her disability. This IEP meeting must take place immediately, if possible, or within 10 days of the LEA's decision to take this type of disciplinary action.

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 10 consecutive school days.

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

After a child with a disability has been removed from his or her current placement for 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, the 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.

As a parent, you will be invited to participate as a member of this IEP team to help determine if your child's behavior was a manifestation of their disability. If the team determines that this is the case, the LEA 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. If the IEP team concludes that the misconduct was not a manifestation of your child's disability, the LEA might take disciplinary action, such as expulsion, in the same manner as it would for a child without disabilities. If you disagree with the IEP team's decision, you may request an expedited due process hearing, which must occur within 20 school days of the date on which you requested the hearing (Title 34 of the Code of Federal Regulations section 300.531(c)) from the Office of Administrative Hearings, Special Education Unit.) Regardless of the setting the LEA must continue to provide a free appropriate public education 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 section 300.530; EC section 48915.5(b))

Alternative Interim Educational Settings

Federal and State laws allow the use of alternative educational placements for up to 45 school days if a child with a disability carries a weapon, knowingly possesses or uses illegal drugs, inflicts serious bodily injury or sells or solicits the sale of a controlled substance while at school or at a school function. An alternative educational setting must be determined by an IEP team that allows the child to: continue to participate in the general curriculum, although in another setting; and ensure continuation of services and modifications detailed in the IEP.

Unilateral Placement by Parents in Private School

Children who are enrolled by their parents in private schools may participate in publicly funded special education programs. The LEA must consult with private schools and with parents to determine the services that will be offered to private school students. Although LEAs have a clear responsibility to offer FAPE to children 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 section 1415(a)(10)(A); 34 CFR sections 300.137 and 300.138; EC section 56173.) If a parent of an individual with exceptional needs who previously received special education and related services under the authority of the LEA enrolls the child in a private elementary school or secondary school without the consent of or referral by the local educational agency, the school district is not required to provide special education if the LEA has made a free appropriate public education available. A court or due process hearing officer may require the LEA to reimburse the parent or guardian for the cost of special education and the private school only if the court or due process hearing officer finds that the school district had not made FAPE available to the child in a timely manner prior to that enrollment in the private elementary or secondary school and that the private placement is appropriate. (20 USC section 1412(a)(1)(C); 34 CFR section 300.148; EC section 56175.)

When reimbursement may be reduced, or denied. TThe court or hearing officer may reduce or deny reimbursement for private school costs if you did not make your child available for an assessment upon notice from the LEA before removing your child from public school. If you have not complied with these requirements, a court may find that you acted unreasonably in unilaterally removing your child from the public school and placing your child in a private school. Your request for reimbursement may also be reduced or denied if you did not inform the LEA that you were rejecting the special education placement proposed by the LEA and/or you failed to give the LEA notice of your concerns and your intent to enroll your child at a private school at public expense. Your notice to the LEA must be given either:

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

In writing, to the LEA at least 10 business days (including holidays) before removing your child from the public school. (20 USC section 1412(a)(10)(C); 34 CFR section 300.143; EC section 56176)

When reimbursement may be reduced, or denied. A court or hearing officer may not reduce or deny reimbursement to you if you failed to provide written notice to the LEA for any of the following reasons: illiteracy and inability to write in English; giving notice would likely result in physical or serious emotional harm to the child; the school prevented you from giving notice; or you had not received a copy of this Notice of Procedural Safeguards or otherwise been informed of this notice requirement; or the LEA prevented you from providing notice.

Observation of Your Child at a Nonpublic School

If you unilaterally place your child in a nonpublic school and you propose the placement in the nonpublic school to be publicly financed, the LEA must be given the opportunity to observe the proposed placement and your child in the proposed placement. The LEA may not observe or assess any other child at the nonpublic school without permission from the other child's parent or guardian.

State Special Schools

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 and from ages 5 through 21 at the California School for the Blind. The State Special Schools also offer assessment services and technical assistance. Referrals for State Special Schools are part of the IEP process and parents must be referred by their LEA when considering such placements. For more information about the State Special Schools, please visit the California Department of Education State Special Schools website (http://www.cde.ca.gov/sp/ss/) or ask for more information from the members of your child's IEP team.

Glossary of Abbreviations Used in this Notification

ADR: Alternative Dispute Resolution

CCR: California Code of Regulations

CFR: Code of Federal Regulations

FAPE: Free Appropriate Public Education

IDEA: Individuals with Disabilities Education Act

IEP: Individualized Education Program

LEA: Local Educational Agency

OAH: Office of Administrative Hearings

SELPA: Special Education Local Plan Area

USC: United States Code

DRAFT as of 5/2022 LN version

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This information provides parents, legal guardians, and surrogate parents of children with disabilities from three years of age through age 21 an overview of their educational rights, sometimes called procedural safeguards. This information is your Notice of Procedural Safeguards as required under the Individuals with Disabilities Education Act (IDEA).

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BUSD Section 504 - Procedural Safeguards

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BUSD Section 504 - Procedural Safeguards

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BUSD Section 504 - Procedural Safeguards

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Special Education Rights and Responsibilities (SERR)

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Special Education Rights and Responsibilities (SERR)

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SERR - Special Education Rights and Responsibilities - This manual explains how to become eligible for special education, how to request and advocate for special education services, and what to do if you disagree with school districts.

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The Federal and California special education laws give eligible students with disabilities the right to receive a free appropriate public education (FAPE) in the least restrictive environment (LRE). This manual explains how to become eligible for special education, how to request and advocate for special education services, and what to do if you disagree with school districts.

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This collection provides tips sheets that cover brief summaries of federal regulations, tips for implementation, and resources related to the individualized education program (IEP) and IEP Team. The tip sheets are available in English and Spanish. Some tip sheets are customized for parents and caregivers.

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Timelines

All referrals for special education and related services shall initiate the assessment process and shall be documented. When a verbal referral is made, staff of the local education agency, special education local plan area, or county office shall offer assistance to the individual making a request in writing, and shall assist the individual if he/she requests such assistance.

A student is assessed in all areas related to his or her suspected disability including, where appropriate, health and development, vision, including low vision, hearing, motor abilities, language function, general intelligence, academic performance, communicative status, self-help, orientation and mobility skills, career and vocational abilities and interests, and social emotional status. A developmental history is also obtained when appropriate.

Assessments are conducted by persons competent to perform the assessment, as determined by the local education agency. The evaluator prepares a written report or reports, as appropriate, of the results of each assessment. The report shall include, but not be limited to the need for specialized services, materials, or equipment for students with low incidence disabilities, consistent with guidelines established.

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All referrals for special education and related services shall initiate the assessment process and shall be documented. When a verbal referral is made, staff of the local education agency, special education local plan area, or county office shall offer assistance to the individual making a request in writing, and shall assist the individual if he/she requests such assistance.

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Section 504 of the Rehabilitation Act: Fact Sheet

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Section 504 of the Rehabilitation Act: Fact Sheet

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School Discipline Rights - IEPs and 504 plans

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School Discipline Rights - IEPs and 504 plans

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School discipline rights for kids with IEPs and 504 plans

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Students with IEPs and 504 plans must follow school rules, and schools can take disciplinary action when they don’t. But having an IEP or 504 plan gives kids extra protections under the law.