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This provides a comprehensive look at IDEA. It's the parent guide designed by the National Center for Learning Disabilities. This guide covers everything from pre-referral services to dispute resolution.

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Regional Centers oversee the coordination and delivery of services for Californians with developmental disabilities. This link will tell you more about Regional Centers and help you find the one closest to you.

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DDS oversees the coordination and delivery of services for Californians with developmental disabilities through a statewide network of 21 community-based, non-profit agencies known as regional centers. Regional centers provide assessments, determine eligibility for services, and offer case management services. Regional centers also develop, purchase, and coordinate the services in each person's Individual Program Plan.

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State of California & Department of Developmental Services

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Regional Centers - CA Department of Developmental Services

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Agency through which the State of California provides services and supports to individuals with developmental disabilities.

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I think my child may have special needs; What can I do?

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I think my child may have special needs; What can I do?

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This document will help explain what the early start program is, what early intervention is, and how to navigate through the early intervention process.

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This guide will help you understand what due process is, what timelines should be followed, and resources to help you navigate through dispute resolution.

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Individuals with Disabilities Education Act (IDEA)

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Individuals with Disabilities Education Act (IDEA)

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Learn about the law that makes a free and appropriate public education available to children with disabilities. Review the history of this law.

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Individuals with Disabilities Education Act

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The Individuals with Disabilities Education Act (IDEA) is a law that makes available a free appropriate public education to eligible children with disabilities throughout the nation and ensures special education and related services to those children.

The IDEA governs how states and public agencies provide early intervention, special education, and related services to more than 8 million (as of school year 2022-23) eligible infants, toddlers, children, and youth with disabilities.

Infants and toddlers, birth through age 2, with disabilities and their families receive early intervention services under IDEA Part C. Children and youth ages 3 through 21 receive special education and related services under IDEA Part B.

Additionally, the IDEA authorizes:

Formula grants to states to support special education and related services and early intervention services.

Discretionary grants to state educational agencies, institutions of higher education, and other nonprofit organizations to support research, demonstrations, technical assistance and dissemination, technology development, personnel preparation and development, and parent-training and -information centers.

Congress reauthorized the IDEA in 2004 and most recently amended the IDEA through Public Law 114-95, the Every Student Succeeds Act, in December 2015.

In the law, Congress states:

Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society. Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities.

Other Laws for Children with Disabilities

The U.S. Department of Education's Office for Civil Rights (OCR) provides additional resources of interest for individuals with disabilities and their families.

OCR does not enforce the IDEA; however, OCR does enforce the Rehabilitation Act of 1973, Section 504 and Americans with Disabilities Act of 1990, Title II rights of IDEA-eligible students with disabilities.

To learn more, visit the OCR's Frequently Asked Questions About Section 504 and the Education of Children with Disabilities.

Visit OCR's website for additional resources.

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About IDEA - Individuals with Disabilities Education Act

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The IDEA is a law that makes available a free appropriate public education to eligible children with disabilities throughout the nation and ensures special education and related services to those children.

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Each grade from K-12 have a set of Common Core Standards that must be taught. This resource will help to understand what that means for students with special needs.

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Common Core Resources for Special Education - Special Education (CA Dept of Education)

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Resources and guidelines on the Common Core State Standards (CCSS) for the Special Education Community.

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This link will give general information about IEP's. Learn about what the IEP should look like, who should attend the IEP meeting, and what happens after the IEP meeting.

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An IEP describes both a process and a written document. Once your child is found eligible for special education, you will participate in the process by attending an IEP meeting at your child's school at least once a year. At this meeting, you and the other members of the team will write an IEP document that describes your child's educational needs and the services that will be provided to meet those needs.

The IEP should include:

a statement of your child's present levels of educational performance;

a statement of measurable goals, including short- and long-term objectives;

a statement of the special education and related services that your child needs;

an explanation of the extent to which your child will not participate with nondisabled children; and

projected dates for services to begin.

The IEP team

As the child's parent, you are an essential member of the IEP team.

The IEP team consists of:

the child's parents (see What do we mean by "parent"?);

at least 1 general education teacher, if the child receives or will receive services in a general education classroom;

at least 1 special education teacher or provider (for example, a speech therapist or occupational therapist);

a qualified representative of the school district or LEA;

the person who conducted the assessment or someone who can interpret the results of the assessment, if the results of an assessment are being discussed;

other individuals who have knowledge or special expertise about the child, at the discretion of the parents or LEA; and

the child (as appropriate; however, must be invited to participate when discussing career and education goals after high school).

After the IEP meeting

At the meeting, you will be asked whether you consent to the IEP developed for your child. If you need more time to review the IEP and other materials before consenting, you may ask for the meeting to be continued at another time. Once you give your consent in writing, the school district must implement the IEP as soon as possible. If you do not consent, the district is not required or allowed to provide the proposed services to your child.

If your child is eligible but you do not agree with the level or type of services offered in the IEP:

Parents are an important part of the development of the IEP. They should be asked to give their opinions on the services offered, including the type, frequency, and location where services are provided. If you disagree with the school district about the proposed level or type of services, you have several options:

You may refuse to sign the IEP at the initial meeting and take it home to review further. If you refuse to sign the IEP, the school district is not required or allowed to provide the proposed special education services to your child. If the purpose of the IEP is to determine eligibility, your child will not be considered eligible until you sign the initial IEP. If you are attending an annual review of an existing IEP and you refuse to sign the IEP, the prior plan will remain in effect until resolution.

You may sign the IEP and write a note next to your signature saying that you agree for the school district to start providing services to your child, but you do not agree that the offer of services is appropriate. This can be done with a simple sentence on the signature page or can be written up in a "Parents' Addendum to the IEP," which lays out your concerns in greater detail. One situation in which this can be helpful is when the parents and the school district agree on the type of service offered (such as speech therapy), but do not agree on the amount offered (more or less speech therapy than the parents believe is appropriate for the child's needs). Signing only an authorization of services can allow the student to start receiving important services while protecting the parents' right to oppose the IEP and allowing for continuing negotiations with the school district.

If the school district fails to implement the services agreed on in the IEP:
If a parent or a person who holds educational decision-making rights agrees to an IEP and the school fails to implement the agreed services and supports, a parent or educational rights holder may file a complaint with the California Department of Education's Special Education Division.

This process is only used when a school district fails to provide the services and supports that are agreed on by the IEP team. If a parent or educational rights holder disagrees with the school about eligibility or about what services will be provided, this is resolved through a hearing process. Click for more information on the right to request a hearin g.

IEP Review

An IEP meeting must be held at least annually. However, if you are concerned about problems with your child's current IEP or feel that a new, unaddressed educational issue has arisen for your child, you do not have to wait until the annual IEP meeting to have these issues reviewed. Instead, you can request that an IEP meeting be held to discuss your concerns. Once the school receives your meeting request, the meeting must be held within 30 days.

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An IEP describes both a process and a written document. Once your child is found eligible for special education, you will participate in the process by attending an IEP meeting at your child's school at least once a year.

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California Department of Education says that parents have specific rights when it comes to their children with special needs. This link will take you to a brief summary of those procedural safeguards.

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Parents of children with disabilities from ages three through twenty-one have specific educational rights under the Individuals with Disabilities Education Act (IDEA). These rights are called procedural safeguards. Individuals serving as surrogate parents and students aged eighteen receiving special education services, are also entitled to these rights.

A number of staff in the child's district and special education local plan area (SELPA) may answer questions about the child's education and the parents' rights and responsibilities. When the parent has a concern, it is important that they contact their child's teachers or administrators to talk about their child and any problems they see. This conversation often solves the problem and helps maintain open communication.

Parents must be given opportunities to participate in any decision-making meeting regarding their child's special education program. Parents have the right to participate in individualized education program (IEP) meetings about the special education eligibility, assessment, educational placement of their child and other matters relating to their child's free appropriate public education (FAPE).

When a parent cannot be identified or located, a district may appoint a surrogate parent to represent a child with a disability.

What Are Parents' Rights in California Special Education?

Parents and students over age eighteen have the right

Parents have the right to refer their child for special education services, to participate in the development of the IEP and to be informed of all program options and alternatives, both public and nonpublic.

Parents have a right to receive prior written notice, in their native language, when the school district initiates or refuses their request to initiate a change in their child's identification, assessment, or educational placement in special education.

Parents must provide informed, written consent before their child is assessed or provided with any special education services. Parental consent must also be provided before any change in special education services may occur. The district must ensure that parents understand proceedings of the IEP team meeting including arranging for an interpreter for parents with deafness or those whose native language is other than English.

Parents may refuse to consent to an assessment or the placement of their child in special education.

Children must be assessed for special education through the use of methods that are not culturally biased or discriminatory.

If parents disagree with the results of the assessment conducted by the school district, they have the right to ask for and obtain an independent educational evaluation (IEE) at public expense.

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

When a parent requests an IEE at public expense, the school district must, without unnecessary delay, either ensure that an IEE is provided at public expense, or request a due process hearing if the district believes their assessment was appropriate and disagrees that an IEE is necessary. The school district also has the right to establish the standards or criteria (including cost and location) for IEEs at public expense.

Parents have a right to inspect, review, and obtain copies of their child's educational records.

If parents disagree with the district regarding their child's special education placement or a proposed change in placement, the law requires the student to "stay put" in the current program until the dispute is resolved.

Parents have the right to present a complaint relating to the provision of a FAPE for their child; to have an attorney, an advocate, and the student, if appropriate, present at the due process hearing; and to make the hearing public. Under certain conditions, the hearing officer may award, reduce, or deny the reimbursement of attorneys' fees and fees paid to nonpublic institutions by parents in the settlement of a case. To request a due process hearing or to receive a complete notice of procedural safeguards related to a due process hearing, contact the Office of Administrative Hearings (see contact information below).

Parents are encouraged to consider settling disagreements regarding their child's special education program through voluntary mediation, a process through which parties seek mutually agreeable solutions to disputes with the help of an impartial mediator. Mediation is available for:

1. Mediation of State Complaint - the California Department of Education is required to offer mediation to the parent or the local educational agency (LEA) but both must agree, and participation is voluntary.

2. Office of Administrative Hearings (OAH) Mediation Only - Parent or LEA may file for OAH mediation only. Participation is voluntary.

Parents may seek mediation alone or separate from due process, or they may participate in mediation pending a due process hearing. Mediation cannot be used to delay parents right to a due process hearing.

If parents believe their child's school district has violated the law, they may file a complaint with the California Department of Education. The Department must investigate complaints alleging violations of noncompliance with IDEA, state special education laws, or regulations, and issue a written report of findings within 60 days of receiving the complaint.

There are specific rules regarding the suspension and expulsion of students with IEPs. Generally, a student with a disability may be suspended or placed in an alternative educational setting to the same extent that these options apply to students without disabilities.

If the student with a disability is in such a placement for more than ten days, an IEP meeting must be held to consider the appropriateness of the child's current placement and the extent to which the disability is the cause of the misconduct. Regardless of the child's placement, the district must provide FAPE

School districts are responsible for identifying, locating and assessing students with disabilities enrolled in private schools by their parents. However, school districts are not required to provide special education or related services to these students. There is no entitlement for services, though some private schools and students attending private schools may receive some services from the school district.

Additional Resources

This notice is an abbreviated summary of procedural safeguards under federal and state laws (20 United States Code Section 1412[d]; 34 Code of Federal Regulations 300.504; California Education Code sections 56301[d][2], 56321, and 56341.1[g][1]). Special Education Rights of Parents and Children, a more extensive description of these rights, is available from the California Department of Education, Special Education Division.

To obtain more information about parental rights or dispute resolution, including how to file a complaint, contact the California Department of Education, Special Education Division, Complaint Support Unit, by telephoning 800-926-0648 or writing to:

Email: speceducation@cde.ca.gov
Fax: 916-327-3704

California Department of Education
Special Education Division
Complaint Support Unit
1430 N Street, Suite 2401
Sacramento, CA 95814

To file for mediation or a due process hearing, contact:

Office of Administrative Hearings
Special Education Division
2349 Gateway Oaks, Suite 200
Sacramento, CA 95833-4231
Telephone: 916-263-0880
Fax: 916-376-4207
Secure Electronic Filing

Hearings and Mediations Accessibility and Accommodation Program Guidelines (Posted 17-Oct-2018)
This web page states a California Department of Education contractor conducting special education hearings and mediations must have and follow policies and procedures for equitable services to all participants.

Last Reviewed: Thursday, August 31, 2023

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A brief summary of Procedural Safeguards for students with disabilities receiving special education services.