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Special Education Law

Was Your Child Declassified From Special Education?

On Behalf of | Feb 10, 2021 | Due Process |

California parents know their children better than anyone. They typically understand their quirks and habits and can tell when something does not seem right with their child. If parents believe that their child is not developing at a pace similar to those of the same age or that their child needs extra support when it comes to learning, they may quickly learn that they will have to advocate for their child when it comes to education. Unfortunately, some parents may have to deal with their child being unjustly declassified for individualized education programs.

Before receiving an IEP, children must be evaluated to determine what their unique needs are and if they qualify for special education supports and services. If a child is eligible for an IEP, their program usually implements teaching methods that allow the child to more appropriately understand the educational material, which was likely not possible with a traditional teaching approach. However, even if a child already has an IEP, the school or school district could attempt to remove the child’s special education eligibility classification and, essentially, remove the IEP program helping that child learn.

In some cases, a school district may choose to eliminate certain special education programs and support in its schools, which could affect numerous students. In other instances, a school district may believe that a child no longer qualifies for an IEP. In either situation, parents can find themselves having to step up for their children’s educational rights.

When California parents believe that a school or school district is not complying with the law when it comes to special education rights or unjustly declassified a student, they may have to move forward with legal action of their own. Due process hearings can take place if parents and schools are unable to come to a resolution regarding concerns that a child is not receiving a free and appropriate public education. There are many steps in this process, and having legal support is wise.