The Individuals With Disabilities Education Act (IDEA) In California
Education for all students with disabilities is determined by assessing their unique needs on an individual basis and meeting those needs in the least restrictive environment (LRE). Inclusion in the general education classroom setting can be the appropriate choice, but the school district may deny your child’s legal right to attend public school within the LRE. When this happens, you need the help of experienced educational law attorneys.
At Augustin Egelsee, LLP, we are Danielle Augustin and Edwin Egelsee, dedicated attorneys for children. With more than 50 years of combined professional experience and significant personal experience in the challenges of educational law for kids, we’re ready to help you and your family take the next step. We can evaluate your child’s circumstances and the available services to determine an effective strategy to get your child the free, appropriate public education (FAPE) he or she is entitled to.
Mandates Of The IDEA
The IDEA mandates that a student must be given a FAPE in the LRE. This means a student with disabilities should be educated with other students who are nondisabled as much as possible. A student should not be taken out of the general education classroom unless the disability is so severe that, even with services and supports, he or she cannot learn in the general education classroom.
Although there are no general formulas on deciding what a student’s LRE would be, federal courts have defined several factors to be used as general guidelines to consider when making placement decisions. The first is to compare the benefits a student with disabilities will receive in the general education classroom, with supports and services, compared to the benefits he or she will receive in a more restrictive setting. The IEP team should also consider the nonacademic benefits of interaction with students who do not have disabilities, such as social skills and modeling appropriate behaviors.
Considering Effects On Others In The Classroom
Not only is the student with the disability to be considered in the placement decision, the effect of the student with a disability’s presence on the teacher and the other children in the classroom, as well as the cost of mainstreaming, can also be factored in.
Even if a student with a disability cannot be placed in the regular classroom full time – the school district must make sure that he or she is mainstreamed as much as possible. This includes extracurricular activities such as field trips, school assemblies, lunchtimes and physical education.
As with all elements of a child’s education, the individualized education program (IEP) team makes the decision to place a child. Parents are crucial members of the IEP team. This decision must be made giving great weight to a child’s unique needs and considering placement options within the LRE. Each decision should be made on an individual basis and take into consideration the unique needs of the child.
Making The Connection
Contact Orange County special education attorneys using our intake for or by calling Augustin Egelsee, at 714-602-1498 or 866-781-7723. We can discuss your circumstances, explain your rights and set you and your family in the right direction.
We provide effective and efficient legal representation with the goal of improving the lives of the children we represent.
The Benefits Of An Individualized Education Program
The individualized education program (IEP) document ideally is developed as a collaborative and cooperative effort between parents and school personnel. This guiding document describes a student’s abilities and needs, and prescribes the placement and services designed to meet those unique needs. But IEPs are often challenged, ignored or have roadblocks to secure, which is why you need a
At Augustin Egelsee, LLP, in Anaheim Hills, we are attorneys who focus exclusively on special education law. Clients come to us from across the areas because we have built a reputation for care and compassion in the face of these highly challenging issues. Our over 50 years of combined experience mean we can provide guidance and insight regarding your child’s special education rights.
What Are Stay Put Rights?
Parents often seek legal help when a school district attempts to change a child’s placement or reduce services against their wishes. In these situations, understanding a child’s stay-put rights under the Individuals with Disabilities Education Act (IDEA) is crucial. The stay put provision helps ensure a child remains in their current educational placement while disputes are resolved.
This provision applies when parents disagree with a school district over changes to a child’s Individualized Education Program (IEP) or services. The protection helps ensure that children continue to receive the services and placement they had before the disagreement arose.
Parents should understand that stay put rights:
- Maintain the child’s current educational placement. This prevents abrupt changes that could negatively affect learning or progress.
- Apply during disputes and due process hearings. The child’s placement remains the same until a resolution is reached, regardless of the school district’s proposed changes.
- Support parental involvement in the decision-making process. Parents can advocate for appropriate services without fear of losing current supports.
- Helping ensure access to services. All existing supports outlined in the child’s IEP remain in place during the dispute.
While the stay put provision provides stability, navigating disputes with school districts can be complex. An attorney experienced in special education law can guide parents through the process.
Section 504 Vs. IEP: Which Plan Is Right For Your Child?
Section 504 is part of the Rehabilitation Act of 1973. It provides accommodations that allow students with disabilities to access education on an equal basis. Accommodations are adjustments that help a child succeed without altering the curriculum. Examples include:
- Extra time on tests or assignments: Gives the child sufficient time to process information and complete work without being penalized for learning differences.
- Preferential seating in the classroom: Places the child in a location that minimizes distractions and maximizes focus, helping them engage more effectively with lessons.
- Physical accessibility adjustments: Ensures the classroom environment is safe and accessible for children with mobility or physical challenges, such as ramps, elevators or adjustable desks.
- Behavioral support plans: Provide strategies and interventions to manage challenging behaviors, promoting a positive learning experience for the child and classmates.
- Modified presentation of materials: Offers instructions or reading materials in alternative formats, like large print or audio, to meet the child’s learning needs.
- Assistive technology: Includes tools such as speech-to-text software, audio devices or communication boards to support learning and participation.
In contrast, an Individualized Education Program (IEP) under IDEA provides specialized instruction for children whose needs cannot be met solely through accommodations. Services include:
- Small group or one-on-one instruction: Provides focused attention on specific skills, allowing teachers to address learning gaps and adapt lessons to the child’s pace.
- Speech, occupational or physical therapy: Supports communication, fine motor and gross motor development, helping ensure the child can participate fully in the classroom.
- Customized curricula to meet specific learning needs: Adjusts lesson plans and teaching strategies to match the child’s abilities and learning style, helping them progress academically.
- Behavioral intervention plans integrated into instruction: Addresses behavioral challenges proactively, promoting a positive learning environment and supporting social-emotional development.
Parents should also understand the process of transitioning from a 504 plan to an IEP. If a child is not making adequate progress under Section 504, an evaluation may determine eligibility for an IEP. Key ways legal support helps include:
- Deciding between 504 and IEP: Legal guidance helps parents understand the differences between Section 504 accommodations and IEP specialized instruction, making sure the child receives the right level of support for their needs.
- Help ensure evaluations and eligibility determinations are done correctly: Attorneys can review assessments, paperwork and procedures to make sure schools comply with legal requirements and that children are fairly evaluated for services.
- Protect the child’s educational placement during disputes: If a school district attempts to change placement or reduce services, an attorney can help enforce stay put rights and prevent disruptions to the child’s learning.
- Support parents in complex negotiations or hearings: Attorneys can represent families during meetings, mediations or due process hearings.
Working with an attorney experienced in special education matters can make the process more manageable, prevent delays in services and make sure the child’s needs are fully met.
We Are Here To Help With The IEP Process
For parents new to the IEP process, it can be confusing and overwhelming. You may not be aware of your child’s right to a FAPE and what supports and services they are entitled to. It can be invaluable to have a knowledgeable lawyer by your side, advocating for the well-being of your child.
We have reviewed thousands of IEPs, assessments and other educational documents. We use that knowledge to help families overcome the obstacles that children and families encounter. We are determined to advocate for you and your child to ensure that the most appropriate plan is in place.
Meet With A Skilled Legal Advocate
With experience and compassion, our team at Augustin Egelsee, LLP, in Anaheim Hills, has been a longtime legal advocate for families that have children with special needs in California. When you need guidance regarding your child’s IEP, we are ready to help. Please contact us by email or call 714-602-1498.