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Special Education Law

Students wrongfully denied special education services

On Behalf of | Jul 5, 2023 | Special Education |

When a student has a certain type of learning need, he or she could have a rightful expectation to receive services and support from his or her school. Special education programs exist for the purpose of ensuring that students with physical and mental disabilities have a full and fair educational experience. However, some California parents are saying that the state wrongfully denied their children services. They are calling it a “systematic failure of the California Department of Education.” 

Special education support 

A non-profit organization is offering students the opportunity to have a second evaluation after claims that some students who needed help were denied reading intervention. It is possible this error was the result of special education eligibility forms lacking a way for an applicant to indicate that a student has issues with reading fluency. Because of this, it is estimated that approximately 400,000 students are not getting the help they need. 

When a student is struggling with reading fluency, it could be related to dyslexia and other types of learning disabilities. However, many students do not receive services until they begin to demonstrate problems with reading comprehension. The earlier a student can begin receiving services and support, the more successful these efforts will be. 

Advocating for special education students 

Students who require special education services have rights. They are entitled to receive the support they need to succeed in the classroom. If a student does not get the support he or she needs, a California parent may pursue legal action to advocate for the student’s educational rights.