IEP Law

Los Angeles Special Education Attorney

The Individuals with Disabilities Education Act of 2004 (IDEA) is the federal special education law. IDEA promises children with certain disabilities and conditions Free and Adequate Public Education (FAPE) in the least restrictive environment (LRE) appropriate for each child. Similarly, Section 504 of the Rehabilitation Act of 1973 also promises FAPE in LRE for handicapped children.

Children who qualify under IDEA receive an individualized education program (IEP). The IEP is a detailed plan that is tailored to the individual child’s needs. In order to receive an IEP, a child must be evaluated and determined eligible for special education. Then an IEP team develops the IEP.

IEP Team

The IEP team consists of:

  • The student, when appropriate
  • One or both parents or a representative chosen by a parent
  • A general education teacher
  • A special education teacher or service provider
  • A school district representative who can provide or supervise special education, understands the general curriculum and the resources of the school district
  • The person who conducted the assessments of the child or someone who can interpret the results
  • Others with specific expertise or knowledge of the student may be invited by parents or the district

An IEP team meeting is held after your child’s initial assessment, at least once a year, and anytime that your child is not making adequate progress outlined in the IEP. An IEP team meeting must be held if it is requested by a parent or teacher for the purpose or reviewing or revising the IEP. You can also request and IEP anytime your child receives a formal assessment.

Your Rights

In California, parents and students who are 18 and over have certain rights pertaining to special education, including the right to:

  • Request special education, initiating the IEP process
  • Participate in the development of the IEP
  • Be informed of all options and alternatives, including non-public as well as public programs
  • Receive prior written notice when the school district initiates or refuses to initiate the IEP process, or makes any changes in special education assessment or placement
  • Consent or refuse consent to assessment, implementation of special education services, and any changes to special education services
  • Have an interpreter present during IEP meetings, if deaf or not a native English speaker
  • Assessment methods which are not culturally biased or discriminatory
  • Independent educational assessment at public expense if you disagree with the assessment conducted by the school district
  • Inspect, review, and obtain copies of your child’s educational records
  • Keep your child in his current placement for the duration of any dispute with the district regarding ac hange in placement
  • A Due Process hearing when needed if you feel that your child is not receiving FAPE
  • Mediation in place of or prior to a due process hearing; mediation cannot be used to delay your right to a due process hearing
  • File a complaint with the California Department of Education against your school district if you believe it is in violation of the law; the Department must investigate and issue a written report within 60 days
  • Be informed of discipline and alternative placement; your child cannot be denied FAPE for disciplinary reasons

If you believe that your child may be eligible for an IEP, or if you have a dispute with your child’s school system regard special education, the Law Office of Fred J. Fleming can help. Please contact us online to learn more and schedule you initial consultation.

The materials on this website are for general information purposes only. This website does not create an attorney-client relationship.
Any description of previous success is not intended to and does not imply success regarding your potential lawsuit or hearing.