When an IEP is not being followed, it is a violation of the Individuals with Disabilities Education Act (IDEA). This is known as school district noncompliance, and it can have devastating effects on a child’s progress. If you suspect your child is being denied their Free Appropriate Public Education (FAPE), you must take swift action to ensure school district accountability.

Identifying IEP Violations

IEP violations aren’t always easy to spot. Teachers and administrators are often overwhelmed, and services can slip through the cracks. Common signs that an IEP is being ignored include:

• A “service log” that shows fewer hours of therapy than the IEP mandates.
• Your child reporting that they aren’t using their assistive technology services in class.
• A failure to implement a Behavior Intervention Plan (BIP), leading to increased disciplinary actions or suspensions.
• Lack of progress on goals that should be achievable with the promised support.

If you notice these red flags it is time to document everything. In the world of special education litigation, data is your strongest ally.

Steps to Resolve School District Noncompliance

Before jumping into a due process hearing, there are several steps an IEP advocacy approach can take to resolve the issue:

1. Request an Informal Meeting: Sometimes, a simple reminder to the teacher or program specialist is enough. However, always follow up these conversations with an email summarizing what was discussed.
2. Call for an IEP Meeting: You have the right to request an IEP meeting at any time. Use this meeting to address the IEP disputes directly. Ask for data on service delivery and progress monitoring.
3. Conduct an Education Records Review: You have the legal right to inspect all of your child’s educational records. A student rights attorney can help you sift through these files to find evidence of missing services or falsified progress reports.
4. File a Compliance Complaint: In California, you can file a complaint with the California Department of Education (CDE) if the district is failing to follow the law. This is different from a due process lawyer San Diego filing for a hearing; it’s an investigation into whether the district is following the “rules.”

The Right to Compensatory Education

When a school district fails to provide the services outlined in an IEP, they essentially “owe” those services back to your child. This is called compensatory education.

For example, if your child was supposed to receive two hours of speech and language services per week but only received one hour for an entire semester, the district may be legally required to provide 20 hours of one-on-one therapy to make up the difference.

A San Diego special education attorney can help you calculate the exact amount of “make-up” time your child is owed and fight to have it included in a settlement or court order.

When to Seek Legal Advocacy for Families

If the district continues to ignore your concerns or claims they don’t have the staff to fulfill the IEP, you are facing a serious legal hurdle. School district accountability is not optional. The law does not allow a district to deny services simply because they have a staffing shortage.

In North County San Diego, families often face “gatekeeping,” where administrators suggest that the IEP is “just a guideline.” This is legally incorrect. An experienced special education counsel can step in to remind the district of their mandatory obligations under California education law.

How an IEP Lawyer Can Help

A San Diego IEP lawyer does more than just argue; they provide a buffer between you and the district’s legal team. They can:

• Subpoena service logs and internal emails.
• Interview service providers to see if they were instructed to skip sessions.
• Represent you in a due process hearing before the Office of Administrative Hearings (OAH) if the district refuses to fix the violations.

Whether your child has Autism spectrum disorder, learning disabilities, or an emotional disturbance, their right to an education is protected. You shouldn’t have to be a full-time private investigator to ensure your child’s teacher is doing their job.

Let Us Help You Enforce Your Child’s IEP

You’ve worked too hard to get an IEP for it to be ignored. If you feel the school district is failing your child, don’t wait for the next report card to see if things improve. Let us help you protect your child’s rights.

We can help enforce your child’s IEP and ensure they receive every minute of the support they are entitled to. Let us guide you through the process of holding the school accountable.

Speak with an attorney today to discuss the specifics of your situation. Schedule a FREE consultation and let our San Diego special education lawyer review your child’s records. Your child deserves the education they were promised—let’s make sure they get it.

The post What to Do When Your Child’s IEP Is Not Being Followed appeared first on The Law Office of Matthew H. Storey.

In California education law, you are not required to take the school district’s word as the final authority. Under the Individuals with Disabilities Education Act (IDEA), parents have the right to request an Independent Educational Evaluation (IEE).

Understanding how to request an IEE is one of the most powerful tools a parent has for IEP advocacy and ensuring a Free Appropriate Public Education (FAPE).

What Exactly is an IEE?

An IEE is an evaluation conducted by a qualified examiner who is not employed by the school district. When a parent disagrees with the district’s evaluation, they can request an IEE at public expense. This means the school district pays for a private psychologist, speech therapist, or occupational therapist to conduct a completely independent review of the child’s needs.

The district must either agree to pay for the IEE or file for a due process hearing to prove that their own evaluation was legally “appropriate.” Because special education litigation is expensive and time-consuming, districts often prefer to fund the IEE rather than go before the Office of Administrative Hearings (OAH).

Why You Might Need an IEE Attorney San Diego

While the law is clear, the process of securing an IEE can be fraught with IEP disputes. Districts may try to restrict your choice of evaluators, set “price caps” that make it impossible to find a high-quality expert, or simply ignore the request.

An IEE attorney San Diego ensures that the district follows the law. A San Diego special education lawyer can help you:

• Draft a formal, legally-sound request for an IEE.
• Ensure the evaluator is truly independent and highly qualified.
• Prevent the district from “cherry-picking” which parts of the evaluation they will fund.
• Address school district noncompliance if they refuse to pay for necessary testing, such as assistive technology services or specialized occupational therapy services assessments.

Common Reasons to Request an Independent Evaluation

Parents often seek an IEE when they feel the district’s assessment was too shallow or ignored a specific area of concern. Common scenarios include:

1. Missing a Diagnosis: The district claims the child has a “speech delay” when an independent expert identifies Autism spectrum disorder.
2. Downplaying Severity: The district admits to learning disabilities but claims the child only needs “minimal” support, while an IEE shows a need for intensive, one-on-one intervention.
3. Ignoring Behavioral Needs: The school fails to assess the need for a Behavior Intervention Plan (BIP) despite the child being frequently sent to the office.
4. Outdated Data: The district is relying on evaluations that are years old and no longer reflect the student’s current challenges in North County San Diego classrooms.

The IEE’s Role in Special Education Litigation

If your case eventually moves toward a due process hearing, the IEE often becomes the most important piece of evidence. A judge at the Office of Administrative Hearings (OAH) will weigh the district’s internal report against the independent expert’s report.

Because an IEE is conducted by an outside professional, it carries significant weight in establishing educational disability rights. It provides an objective baseline that a due process lawyer can use to argue for better services, specific placements, or compensatory education.

Understanding “Public Expense” vs. Private Pay

While you can always pay for a private evaluation yourself, an IEE “at public expense” is a specific right under parent rights under IDEA. If you pay out of pocket first without following the legal steps, the district is not necessarily required to reimburse you.

This is why an education records review and consultation with a student rights attorney are vital before you spend thousands of dollars on private testing. We can help you navigate the timeline to ensure the district picks up the tab for the expert your child needs.

Using the IEE to Enforce Your Child’s IEP

Once the IEE is complete, the IEP team is legally required to “consider” the findings. They don’t have to agree with every recommendation, but they cannot simply ignore them. This is where IEP meeting representation becomes crucial.

Having an experienced special education counsel at the follow-up meeting ensures that the IEE recommendations—whether they involve speech and language services, specialized reading programs, or emotional support—are integrated into a binding Individualized Education Program (IEP).

Let Us Help You Secure Appropriate Services

If you feel the school district’s evaluation of your child was biased, incomplete, or just plain wrong, you have the right to a second opinion. You don’t have to accept a “good enough” education for a child who deserves more.

Let us help you protect your child’s rights. Our firm understands the local school boards from San Diego Unified to El Cajon and Oceanside. We can help challenge a school district decision by securing the independent expert testimony your child needs to thrive.

Speak with an attorney today to discuss your options for an IEE. Let us guide you through the process of holding the district to a higher standard of school district accountability. Schedule a FREE consultation and let’s get your child the comprehensive evaluation they deserve.

The post The Power of an Independent Educational Evaluation (IEE) appeared first on The Law Office of Matthew H. Storey.

While both are designed to support students with disabilities, they are governed by different federal laws and offer vastly different levels of protection. Choosing the wrong path can leave your child without the specialized instruction they truly need. Understanding the nuances of California education law is the first step in ensuring your child receives a Free Appropriate Public Education (FAPE).

What is a 504 Plan?

A 504 Plan stems from Section 504 of the Rehabilitation Act of 1973, a civil rights law that prohibits discrimination against individuals with disabilities. Its primary goal is “leveling the playing field.”

A 504 Plan provides 504 accommodations—changes to the learning environment that help a student access the regular curriculum. For example, a student with ADHD might receive extra time on tests, preferential seating near the teacher, or the ability to take sensory breaks. However, a 504 Plan typically does not provide specialized instruction or “pushed-in” services like a dedicated special education teacher.

What is an IEP?

An IEP is governed by the Individuals with Disabilities Education Act (IDEA). This is a much more comprehensive and legally robust document. To qualify for an IEP, a student must have one of 13 specific disabilities (such as learning disabilities, emotional disturbance, or speech and language services needs) AND that disability must adversely affect their educational performance to the point that they require “specialized academic instruction.”

Unlike a 504 Plan, an IEP is a roadmap for growth. It includes specific, measurable goals and mandates services such as occupational therapy services, behavior intervention plans (BIP),  speech, 1:1 services, or small-group instruction.

Key Differences Every Parent Should Know

When deciding between these two, consider these three critical areas:

1. Legal Protections: An IEP offers significantly higher legal protections. If a district fails to follow an IEP, you have the right to a due process hearing through the Office of Administrative Hearings (OAH). While 504 plan disputes can be challenged, the process is often less formal and offers fewer remedies than the special education due process available under IDEA.
2. Specialized Instruction: A 504 Plan is about access (e.g., a ramp for a wheelchair), while an IEP is about instruction (e.g., a specialized reading program for a student with dyslexia). If your child needs a different way of being taught, a 504 Plan likely won’t be enough.
3. Funding: IEPs are federally funded, meaning the district receives specific money to provide the services listed. 504 Plans are unfunded mandates, which can sometimes lead to a school district refusing services or accommodations because they claim they don’t have the budget—a claim that is often legally questionable.

When 504 Plan Disputes Arise

Many parents find that their child is “pushed” toward a 504 Plan by the district because it is easier and cheaper for the school to manage. If your child has a documented disability but the district refuses to evaluate them for an IEP, you may be facing school district accountability issues.

Common 504 plan disputes include:

• The school refusing to provide “meaningful” accommodations.
• Teachers failing to implement the accommodations in the classroom.
• The district claiming the child is “doing well enough” with just a 504 Plan, despite a clear need for more intensive support.

In these cases, a 504 plan attorney San Diego can help you bridge the gap. By conducting a thorough education records review, an attorney can determine if your child’s needs have evolved beyond what a 504 Plan can provide.

The Role of Advocacy and Legal Counsel

Navigating the transition from a 504 Plan to an IEP requires a strategic approach. It often involves requesting an Independent Educational Evaluation (IEE) to prove that the current accommodations are insufficient. A San Diego special education attorney can guide you through this request, ensuring the district pays for an expert who is not on their payroll.

Whether you are in La Jolla, El Cajon, or Oceanside, the goal remains the same: educational disability rights must be upheld. If you feel your child is being “parked” on a 504 Plan while they continue to fall behind their peers, it is time for a change.

Protecting Your Child’s Right to Learn

Your child’s education is their future. Don’t settle for a “level playing field” if they actually need a different “game plan.” If the school district is ignoring your concerns about IEP violations or refusing to move a student from a 504 to an IEP, you have options.

Let us help you protect your child’s rights. Our firm specializes in legal advocacy for families who are tired of the runaround. We can help enforce your child’s IEP or fight to get them the specialized instruction they deserve.

Speak with an attorney today to understand the best path forward for your family. Let us guide you through the complexities of California education law. 

Schedule a FREE consultation and ensure your child has the support they need to thrive, not just survive, in the classroom.

The post Understanding 504 Plans vs. IEPs: Which Does Your Child Need? appeared first on The Law Office of Matthew H. Storey.

For families in California, this process is governed by the Office of Administrative Hearings (OAH). It is a legal proceeding that functions much like a trial, and it requires a strategic approach. While it can feel intimidating, a special education due process attorney can navigate these waters, ensuring that student rights remain the central focus.

Recognizing the Need for Due Process

The decision to file for due process isn’t one most parents take lightly. It usually follows a series of IEP disputes where the district has flatly refused to provide a Free Appropriate Public Education (FAPE). Common triggers for a filing include:

• School district refusing services such as necessary speech and language services or occupational therapy services.
• Disagreements over a child’s eligibility for services under the Individuals with Disabilities Education Act (IDEA).
• A dispute regarding the results of an Independent Educational Evaluation (IEE).
• Persistent IEP violations where the district fails to implement a Behavior Intervention Plan (BIP) or provide assistive technology services.

If you find yourself in these situations, you may be asking how to file due process in California. While a parent can technically file on their own, the complexity of special education litigation means that an experienced special education counsel is often essential for a successful outcome.

The Stages of the Due Process Case

Once a “Request for Due Process” is filed with the OAH, a specific timeline begins. This is designed to give both parties a chance to settle before reaching a full due process hearing.

1. The Resolution Session: Within 15 days of filing, the district must hold a meeting to see if the issues can be resolved. This is a final attempt at a “handshake” deal. Having a San Diego special education lawyer at this meeting ensures you aren’t pressured into a settlement that doesn’t fully address your child’s educational disability rights.
2. Mediation: If the resolution session fails, a neutral mediator from the OAH will meet with both sides. Mediation is confidential and voluntary. It is often a highly effective way to reach a compromise without the stress of a full hearing.
3. The Pre-Hearing Conference (PHC): If mediation doesn’t work, a conference is held to define the legal issues, identify witnesses, and organize evidence. This is where the technical skills of a due process lawyer San Diego are most visible.
4. The Due Process Hearing: This is the “trial.” Evidence is presented, witnesses are cross-examined, and an Administrative Law Judge (ALJ) will ultimately issue a legally binding decision.

The Role of Evidence and Records Review

A successful due process case is built on data, not just emotion. An education records review is the foundation of any filing. Your San Diego IEP lawyer will look for gaps in progress reports, inconsistencies in assessments, and documented instances of school district noncompliance.

For example, if your child has Autism spectrum disorder and the district has failed to provide the behavioral support outlined in their IEP, the records should show an increase in behavioral incidents or a lack of progress toward social goals. This evidence is what holds the district accountable under parent rights under IDEA.

Seeking Compensatory Education

One of the primary goals of a due process filing is often compensatory education. This refers to services the district must provide to make up for the time your child was denied FAPE. If a judge finds the district was in the wrong, they may order hundreds of hours of additional tutoring, therapy, or specialized instruction to “compensate” for the educational loss.

Why You Need a Special Education Law Firm San Diego

Districts have high-priced legal teams whose goal is to minimize the district’s liability and costs. When you walk into the Office of Administrative Hearings, you need an advocate who understands the local landscape—from San Diego Unified to Chula Vista Elementary School District.

A special education due process attorney brings more than just legal knowledge; they bring a network of experts, including independent psychologists and therapists, who can testify on your child’s behalf. They understand how to frame your child’s ADHD accommodations or learning disabilities in a way that the law recognizes as a mandatory requirement for the district.

Take the Next Step for Your Child

If you are tired of hearing “no” at the IEP table, remember that you have the power to challenge the district. The law is designed to protect your child’s right to learn and thrive.

Let us help you protect your child’s rights. Navigating the OAH and the complexities of special education litigation is what we do every day. We can help challenge a school district decision that is holding your child back.

Speak with an attorney today to evaluate your case. Let us review your case and provide the experienced special education counsel your family deserves. 

Schedule a FREE consultation and let us guide you through the process of securing the services your child is legally entitled to receive.

The post Navigating Special Education Due Process in California appeared first on The Law Office of Matthew H. Storey.

Many parents ask themselves: “Do I need a lawyer for an IEP meeting?” The answer often depends on how well the school district is meeting your child’s unique needs. When disputes arise, having a San Diego IEP lawyer by your side can be the difference between a plan that simply exists and one that actually works.

Understanding Your Rights Under IDEA

The Individuals with Disabilities Education Act (IDEA) is the federal law that guarantees every child with a disability a Free Appropriate Public Education (FAPE). In California, these rights are robust, yet they are not always self-executing. You have to be your child’s most vocal advocate to ensure these rights are respected.

An IEP is a legally binding document. It outlines the specific special education services, speech and language services, and occupational therapy services your child requires. However, the process of getting those services into the document often involves intense IEP advocacy.

Why IEP Meeting Representation Matters

School districts come to the table with a team of experts—psychologists, therapists, and administrators. It is easy for a parent to feel outnumbered. This is where IEP meeting representation becomes vital. A San Diego special education lawyer understands the nuances of California education law and can ensure that the “Individualized” part of the IEP is actually tailored to your child, not just the district’s budget.

When you walk into a meeting, you aren’t just discussing a schedule; you are negotiating your child’s future. If the district is suggesting fewer services than your child needs, or if they are ignoring a Behavior Intervention Plan (BIP), you need someone who can speak their legal language.

Identifying IEP Violations

How do you know if your child’s rights are being stepped on? IEP violations aren’t always loud or obvious. Sometimes, they look like:

• A school district refusing services that were previously agreed upon.
• The IEP not being followed in the classroom.
• A lack of assistive technology services despite a clear need.

If you suspect school district noncompliance, it is time for a professional education records review. By analyzing the data, a student rights attorney can determine if your child has been denied FAPE and if they are entitled to compensatory education—essentially “make-up” services for the time they were underserved.

The Role of an Independent Educational Evaluation (IEE)

One of the most powerful tools in a parent’s arsenal is the Independent Educational Evaluation (IEE). If you disagree with the district’s assessment of your child’s Autism spectrum disorder, learning disabilities, or emotional disturbance, you have the right to request an IEE at public expense.

A San Diego special education attorney can guide you through how to request an IEE properly. Often, a private evaluator will find needs that the district’s staff overlooked, providing the leverage needed to secure better accommodations and placements.

Moving Toward Due Process

If IEP disputes cannot be resolved through collaborative meetings, the next step is often a due process hearing. This is a formal legal proceeding held before the Office of Administrative Hearings (OAH).

What is special education due process? It is a trial-like environment where evidence is presented to an Administrative Law Judge. Because this involves special education litigation, it is critical to have an experienced special education counsel. A due process lawyer San Diego will manage the filings, witness preparation, and legal arguments required to hold the district accountable.

Protecting Your Child’s Future in San Diego County

Whether you are dealing with ADHD accommodations or complex educational disability rights, you don’t have to navigate this alone. The legal landscape of San Diego County special education is complex, but the goal is simple: ensuring your child has the tools they need to succeed.

Let us help you protect your child’s rights. If you feel the school is not listening, or if you are overwhelmed by the legalities of the Individuals with Disabilities Education Act (IDEA), it may be time to seek professional help.

Speak with an attorney today to ensure your child isn’t just a face in a crowded classroom, but a student with a clear, enforceable path to success. Schedule a FREE consultation to discuss your case and learn how to challenge an IEP in California effectively.

The post The Ultimate Parent’s Guide to IEP Meetings in San Diego appeared first on The Law Office of Matthew H. Storey.

OAH Case Review: Recent case looks at length of time schools have to respond to a Parents request for IEE’s

On October 9, 2023, Parent asked the District (“Madera”) for an IEE, stating she disagreed with the District’s January 2022 evaluation (almost two years later).  On October 30, 2023, Madera denied the independent educational evaluation request in a prior written notice. The district explained that they would file a due process to defend their assessment. However, they did not do so until February 2024, 11 weeks later. The questions is how long is too long?

Special Education Law

The procedural safeguards of the IDEA provide that under certain conditions, a parent is entitled to obtain an independent evaluation of a child at public expense. (20 U.S.C. § 1415(b)(1).) An independent evaluation is an evaluation conducted by a qualified examiner not employed by the school district. (34 C.F.R. § 300.502(a)(3)(i).) A parent has the right to request an independent evaluation at public expense if the parent disagrees with an evaluation obtained by the school district. (34 C.F.R. § 300.502(b)(1); Ed. Code, § 56329, subd. (b).) When a parent requests an independent evaluation at public expense, the school district must, without unnecessary delay, either initiate a due process hearing to show that its evaluation is appropriate, or provide the independent evaluation at public expense. (34 C.F.R. § 300.502(b)(4); Ed. Code, § 56329, subd. (c).)

The public agency may ask for the parent’s reason why he or she objects to the public evaluation, but may not require an explanation, and the public agency may not unreasonably delay either providing the independent educational evaluation at public expense or initiating a due process hearing. (34 C.F.R. § 300.502(b)(4).)

The term unnecessary delay as used in title 34 Code of Federal Regulations, part 300.502(b)(2), is not defined in the regulations. It permits a reasonably flexible, though normally brief, period of time that could accommodate good faith discussions and negotiations between the parties over the need for, and arrangements for, an independent evaluation. (Letter to Anonymous (U.S. Dept. of Education, Office of Special Education Programs (OSEP), August 13, 2010).) Some delay in the provision of an independent evaluation is reasonable if the school district and the parents are engaging in active communications, negotiations, or other attempts to resolve the matter. (See Horne v. Potomac Preparatory P.C.S. (D.D.C. 2016) 209 F.Supp.3d 146, 153- 155 (Horne).) The determination of unnecessary delay is a fact-specific inquiry. (J.P. v. Ripon Unified School District (E.D Cal., Apr. 15, 2009, No. 207CV02084MCEDAD) 2009 WL 1034993 (Ripon). The facts of each case are therefore critical. (Ibid.)

For example, in Ripon, the court determined the school district’s due process request filed more than two months after the request for an independent evaluation was timely, as the parties were communicating regarding the request for the evaluation in the interim and did not come to an impasse on the issue until less than three weeks before the school district’s filing. (Ripon, 2009 WL 1034993, at p. 7-8.) In contrast, in Pajaro Valley Unified School District. v. J.S. (N.D.Cal., Dec. 15, 2006, No. C 06-0380 PVT) 2006 WL 3734289), the school district did not file its due process complaint to defend its assessment until approximately 11 weeks after the student’s request for an independent evaluation. The school district offered no explanation as to why it delayed for 11 weeks in filing its complaint, or why that delay was necessary. The court found the school district’s unexplained and unnecessary delay in filing for a due process hearing waived its right to contest the student’s request for an independent educational evaluation at public expense, and by itself warranted entry of judgment in favor of the student. (2006 WL 3734289, at p. 3.)

Here, Parent requested an independent educational evaluation on October 9, 2023, stating she disagreed with Madera’s January 2022 evaluation. Parent also requested Madera provide the family’s non-attorney advocate with Student’s school records. Parent did not identify the assessment with which she disagreed in the October 9, 2023 request. However, Madera last evaluated Student between November 2021 and January 2022, as part of a three-year reevaluation which resulted in the January 20, 2022 multidisciplinary psychoeducational report.

On October 30, 2023, Madera denied the independent educational evaluation request in a prior written notice. The notice informed Parent Madera’s January 20, 2022 multidisciplinary psychoeducational evaluation and report were appropriate. Additionally, Madera informed Parent it would file for due process to defend its assessment if Parent’s request was not withdrawn by November 13, 2023. Madera did not file for due process on November 13, 2023.

Between November 13, 2023, and November 20, 2023, Parent’s non-attorney advocate informed Madera’s attorney that Parent would withdraw the independent educational evaluation request. During the same period, McHaney requested Parent withdraw the request in writing. Parent responded she was busy but would do so. No further communications ensued between Madera and Parent, or any family representative, after November 20, 2023. Madera did not file its due process complaint with OAH until February 2, 2024.

The only explanation Madera offered for waiting until February 2, 2024, 15 weeks and five days after Parent’s October 9, 2023 request, to file for due process, was it had a weeklong Thanksgiving break and a three-week winter break. Even accepting Madera’s school breaks as justification for the due process filing delay, this only accounted for four weeks of a 15-week delay. Madera’s situation was similar to that of the school district in Pajaro, where the school district waited 11 weeks after student’s request for an independent evaluation to file for due process, without an explanation for the delay, and the District Court determined the school district’s due process filing was untimely. (See Pajaro, supra, 2006 WL 3734289.)

Madera had no valid justification for waiting until February 2, 2024, to file its due process complaint. The last communication Madera had with Parent regarding the independent educational evaluation request was before the November 20, 2023 Thanksgiving break. Absent active good faith communications or negotiations to resolve the matter, the existence of school breaks for a fraction of the time passed was an unpersuasive explanation to justify the delay. (See Horne, supra, 209 F. Supp.3d at 155). By early December 2023, when Parent had not withdrawn the request for an independent educational evaluation, Madera should have filed its due process complaint.

Madera’s February 2, 2024 due process filing, four months after Student requested an independent educational evaluation and at least two months after it became clear Parent did not intend to withdraw the request, in the absence of further negotiations, constituted unnecessary delay. (Id.). Therefore, Student was entitled to an independent educational evaluation at public expense.

The post How Long Is Too Long? School District Delays and Independent Educational Evaluations Under IDEA appeared first on The Law Office of Matthew H. Storey.

The IDEA defines special education transportation as a related service. (34 C.F.R. § 300.34(c)(16)(2006).) In California, related services are called “designated instruction and services.” (Ed. Code, § 56363, sub. (a).) Designated instruction and services include transportation and developmental, corrective and other supportive services as may be required to assist the child in benefiting from special education. (20 U.S.C. § 1401(26)(A); Ed. Code, § 56363, subd. (a).) Education Code section 56040 provides that every individual with exceptional needs who is eligible to receive special education instruction and related services shall receive that instruction and those services at no cost to their parents or, as appropriate, to him or her. However, the IDEA requires transportation of a disabled child only to address their educational needs, not to accommodate a parent’s convenience or preference. (Fick v. Sioux Falls School District 49-5 (8th Cir. 2003) 337 F.3d 968, 970.)

What does this mean? Well, if the IEP team determines a student needs transportation to access their education they are required to provide it. But, as anybody in this field knows, when we say IEP team it is not really a team, we mean “district”.

So how do we try and get appropriate transporation for our students? We first have to start by making the request at an IEP meeting and clearly stating the reasons. Let’s say that a student cannot be on a bis for more that 45 minutes. If you ask the team, and they deny the request, the next stop is either your pediatrician or an independent assessment. You need to prove the reason for the request is rooted in the student’s disability. The same applies if a student needs door to door service. Most of the time when schools offer transportation they provide a bus stop that is a little bit away from the home. However, some student’s disabilities they require the bus to pick them up at their door. If the team is unwilling to do this, then again you have to get a professional to support the service.

The process can seem daunting, making sure you can support your request at an IEP team one of the most important parts of the process. With that, the district is less likely to deny transportation.

The post How Does Special Education Transportation Work? appeared first on The Law Office of Matthew H. Storey.

An IEP, or Individualized Education Program, is designed to provide a Free Appropriate Public Education (FAPE) tailored to meet each child’s unique needs. If a student requires ABA strategies—such as discrete trial training, behavior support, or 1:1 assistance—to access the curriculum or achieve IEP goals, then those services can and should be included in the plan.

The decision is made by the IEP team, which includes parents, teachers, specialists, and school administrators. The team reviews assessments, progress data, and classroom observations to decide whether ABA is educationally necessary. If so, the IEP must clearly state what ABA support looks like: who will deliver it, how often, and in what setting.

It’s important to note that while ABA therapy is often covered by health insurance outside of school, that does not relieve a school district of responsibility. When ABA is needed for educational purposes, the school must provide it at no cost to families.

Disagreements sometimes arise. Schools may argue that other supports are sufficient, while parents believe ABA is essential. In these cases, It is important to be able to prove the need with outside experts such as you home ABA company, or an independent educational evaluation Typically a functional behavioral assessment is best to prove ABA is needed, however there are other assessment that may be required as well.

Parents may use the special education dispute resolution process, including mediation or due process hearings if the team disagrees. Ultimately, the law supports one principle: services in an IEP must be individualized. If ABA is what a student needs to access their education and make progress, then ABA belongs in the IEP.

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Lack of Experts

Not having an expert on your side puts parents at a significant disadvantage. The Office of Administrative Hearings (OAH) believes everything a district witness says. So, if the parent is stating that option “A” is best, and the district witnesses are saying option “B” is best, 9 times out of 10 the judge is going to believe the district.

Further, in a due process trial the district is going to be lining up their staff to testify on their behalf, while a parent’s only witness may just be them. This is why many attorneys in our field suggest that parents get independent educational evaluations. Not only does this help parents get a better understanding of what the special education program of their child should look like, but it also gives them a fighting chance if they need to go to due process.

Understanding of Procedure

Over the last 10 years or so, Judges have put a lot more emphasis on whether parents have followed the procedures described out in the IDEA. The most common we have seen is holding an IEP. If a parent raises a concerns in a due process, let’s say not addressing behavioral concerns appropriately, on questions a judge may ask is, “Did you call and IEP to discuss your concerns?” If the parent says no, a judge could rule that the district was not on “notice” of the issue. This is not actually required under the law, but OAH sometimes decides it is. Again, this is why attorney usually ask clients if they have brought their concerns or issue to the IEP team.

OAH Itself

Many attorney’s, advocates, and Parents complain that OAH is not a fair court. Meaning, they are biased in favor of schools. The data does support this. This seems likely due to the experience of OAH judges prior to becoming a judge. It is rare to find a judge who actually practiced special education prior to joining OAH. That lack of practical experience puts judges at a significant disadvantage when trying to interpret special education federal and state law, on top of general education programming, services, and placement.

Attorneys on both sides of the aisle often complain that the judge in their mediation and/or struggle to understand special education law. In fact, it is not uncommon for judges to mention the lack of experience of their colleagues. Again, that lack of knowledge puts parents at a huge disadvantage, as judges with less experience are going to come into a hearing with a more positive view of the school than the parent.

How to Proceed

At minimum, prior to going to a due process, parents should speak with an attorney. This is a complex process and having an experienced special education attorney discuss your issues and concerns can be invaluable. Look to independent educational evaluations to help bolster your claim(s), and ideally ensure you have an expert to prove your case.  Understand this is a difficult process, it can feel very unfair and sometimes it is. Preparation is key. Taking the time to hold IEP meetings, put things in writing, and having you experts lined up will bey key to success.

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To begin the process, submit a written request to your child’s school or directly to you current school or you can submit the request to the San Diego Unified School District’s special education department. Be sure to include your concerns, observations, and a request for a full evaluation. The San Diego Unified School District is legally required to respond within 15 days of receiving your request.

Once your request is received, the San Diego Unified School District will either provide you with an assessment plan or deny the request with an explanation. If an assessment plan is provided, you must sign and return it before evaluations can begin. The San Diego Unified School District then has 60 calendar days (excluding school breaks of more than five days) to complete assessments and hold an Individualized Education Program (IEP) meeting.

Assessments in the San Diego Unified School District should be conducted by qualified professionals in all areas related to the suspected disability. This can include academic performance, speech and language, motor skills, behavior, and more.

Parents are essential members of the IEP team, and the San Diego Unified School District must consider your input throughout the process. You also have the right to request an Independent Educational Evaluation (IEE) if you disagree with the results.

Advocating for your child is important. If you’re unsure how to proceed, reach out to the San Diego Unified School District’s special education office for guidance. The San Diego Unified School District is responsible for ensuring all students have access to the services and supports they need to succeed.

Requesting an Independent Educational Evaluation in San Diego Unified School District

If you’re a parent or guardian navigating the special education process, it’s important to know your rights. One key right is the ability to request an Independent Educational Evaluation (IEE) if you disagree with the results of an evaluation conducted by the San Diego Unified School District.

An IEE is a private evaluation conducted by a qualified professional not employed by the San Diego Unified School District. You can request an IEE at public expense if you believe the district’s assessment was incomplete, inaccurate, or not comprehensive.

To start the process, send a written request to your local school or the San Diego Unified School District, clearly stating that you disagree with their evaluation and are requesting an IEE. The San Diego Unified School District must respond promptly—either by agreeing to fund the IEE or by filing for a due process hearing to prove their assessment was appropriate.

If the San Diego Unified School District approves your request, you will receive guidelines for selecting an independent evaluator. While the San Diego Unified School District may provide a list of approved evaluators, you have the right to request someone outside that list, as long as they meet district criteria.

The IEE can cover any area assessed by the San Diego Unified School District, such as academics, speech and language, occupational therapy, or behavioral needs. Once the IEE is completed, the San Diego Unified School District is required to consider its findings during your child’s next IEP meeting.

Requesting an IEE can be a powerful step in advocating for your child’s educational needs. The San Diego Unified School District is obligated to support families throughout this process and ensure every student has access to a fair and accurate evaluation. Don’t hesitate to contact the San Diego Unified School District. for more information.

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