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Special Education Law

School not complying with special education laws

On Behalf of | Aug 14, 2023 | Special Education |

Each student has the right to a full and fair educational experience, regardless of income level, learning abilities and other factors. Special education students are entitled to supports and services according to their individual needs, provided through their local school district. One California school was found to be in violation of special education laws by not meeting the federal requirements set forth in the Individuals with Disabilities Education Act.

Allegations of violations

One parent in this school district brought a complaint against the local school district concerning her child’s special education experience. The allegations stated that the school failed to comply with federal special education laws by denying assessments requested by parents. By law, parents have the right to seek an assessment when there is a suspicion that the student has a disability and requires services.

The California Department of Education found these allegations to have merit. The school district has been ordered to comply with laws and adhere to certain corrective actions. One of these requirements includes providing the student with compensatory education to make up for lost services. The district will have to provide evidence that they are taking appropriate steps to correct ongoing issues.

Fighting for special education students

Parents have the right to advocate for their children, particularly those who may qualify for special education services. If a child is being denied services to which they have a rightful claim, that may be grounds to pursue legal action.