Augustin Egelsee, LLPAugustin Egelsee, LLP2026-02-13T16:18:56Zhttps://www.ockidslaw.com/feed/atom/WordPress/wp-content/uploads/sites/1504262/2020/03/cropped-favicon-32x32.jpgOn Behalf of Augustin Egelsee, L.L.P.<![CDATA[New laws strengthen California special education protections]]>https://www.ockidslaw.com/?p=495352025-12-04T18:01:54Z2025-12-04T18:01:54ZCalifornia just passed several new disability-rights laws that change how public schools support students with special needs. Each bill tackles a different issue, but together they push schools to offer better services, safer classrooms and more accountability.Here are five important changes that could affect your child and what each one means for their rights.
Safer school environments for vulnerable students
Max Benson’s Law (Senate Bill 483) bans prone restraint in all California schools. Prone restraint means holding a child face down, a practice that has caused serious injuries, especially for students with autism or emotional disabilities. Under this law, schools should move away from face-down holds and use safer, nonphysical ways to handle behavior.
Earlier transition planning for teens with disabilities
Assembly Bill 438 makes schools start transition planning earlier for students with Individualized Education Programs (IEPs). Instead of waiting until age 16, planning now begins when a student starts high school. That extra time helps families arrange vocational training, college preparation and community support that allow smoother transition into adulthood.
Stronger support for neurodivergent students
Senate Bill 939 pushes schools to build stronger, on-site support for neurodivergent students, including those with ADHD, autism, dyslexia and other learning or behavior needs. The law forces schools to improve classroom support so students get help sooner, stay on track academically and avoid unnecessary discipline.
Clearer and translated IEP documents
Senate Bill 445 creates a single statewide IEP template and requires better translation of IEP documents. This helps close long-standing communication gaps and makes it easier for parents to understand their child’s services, goals and progress.
More inclusive learning environments
Assembly Bill 1938 supports inclusive education and universal design for learning. It encourages districts to create classrooms where students with disabilities learn alongside peers without them.
What this means for your family
These laws will not make districts comply on their own. Check your child’s IEP, request a meeting if services seem weak and keep copies of all notices and reports. If you hit roadblocks, consider getting help from an experienced special education advocate or attorney who can explain your options and next steps.]]>On Behalf of Augustin Egelsee, L.L.P.<![CDATA[Can a school legally terminate an IEP without parental agreement?]]>https://www.ockidslaw.com/?p=495312025-07-23T05:47:02Z2025-07-23T05:47:02ZYour crucial role in IEP decisions
Federal law, the Individuals with Disabilities Education Act (IDEA), protects students with disabilities and emphasizes that parents are central to decisions about their child's special education. This includes creating, changing and even ending an IEP.
Can a school end an IEP without your agreement?
Schools may suggest ending an IEP if they believe your child no longer needs special education services, usually based on evaluation data. Other reasons include graduation with a regular diploma or reaching the age when special education services end (often 22 in California).
It is important to note that schools cannot unilaterally remove a child from special education without first involving you. They are required to provide "prior written notice" explaining their reasons for proposing to end services and must include you in the eligibility review process.
Still, the law does not require your formal consent to end an IEP (except for initial placement). If you disagree, you have important rights to challenge the decision.
What if you disagree with the proposal?
If you disagree with the school's proposal to end the IEP, you can challenge it by requesting additional evaluations, mediation or a due process hearing. During this dispute, your child’s current IEP remains in place and services continue, thanks to the "stay put" provision in IDEA.
Protecting your child’s future
While the procedures to protect your child’s educational rights can feel intimidating, they are designed to do exactly that. An experienced special education attorney or advocate can guide you in taking these steps. They can help ensure the school takes your concerns into thorough consideration and adheres to proper procedures when terminating the IEP.]]>On Behalf of Augustin Egelsee, L.L.P.<![CDATA[3 potential changes to special education on the horizon in 2025]]>https://www.ockidslaw.com/?p=494262025-01-29T14:05:13Z2025-01-29T14:05:13ZDefunding or minimizing the Department of Education
Public schools receive funding from the federal government in addition to taxpayers. The incoming administration could potentially seek to make significant changes to the Department of Education. Potential changes could include dissolving the organization or attempting to reduce the functions it performs. Such changes could potentially result in funding changes that could have an outsized impact on students with special needs.
A reduction in Title 1 funding
The Every Student Succeeds Act (ESSA) established a requirement for federal funding to ensure that all children receive a quality education in its Title I. Title I of the ESSA helped ensure that students in school districts serving those below the poverty line could receive federal aid. Roughly two-thirds of public schools and many students in low-income areas rely on Title I funding to some degree. Attempts to roll back federal support for low-income school districts could have catastrophic consequences, especially for students with special needs within those districts.
New state rules expand protections
The good news for concerned parents in California is that Governor Newsom recently approved legislation intended to provide better support for those with special needs. The bills he signed into law include provisions prohibiting prone restraint and rules that encourage post-secondary educational goals for students with IEPs as they proceed through high school.
In theory, those new state regulations could make education safer and more accessible for many children with special needs in California. The tension between changing federal and state policy could result in complications, and parents may need to be ready to assert themselves on behalf of their children.
Tracking changes in special education law can help parents obtain the best support possible for their children. Students with special needs often require unique support and advocacy to thrive in a traditional educational setting.]]>On Behalf of Augustin Egelsee, LLP<![CDATA[Seeking an FBA for your child? Keep these 5 points in mind]]>https://www.ockidslaw.com/?p=493732024-09-16T07:26:46Z2024-09-16T07:26:46ZParenting a child with special needs often involves navigating complex educational processes. If your child struggles with behaviors that affect their learning, you might need to request a Functional Behavioral Assessment (FBA).
This evaluation helps uncover the reasons behind challenging behaviors and creates strategies to address them. Knowing the ins and outs of requesting an FBA can greatly impact your child's educational success.
Five things to know when requesting an FBA
Seeking out an assessment is one way to advocate for your child's needs and ensure they receive appropriate support. Keep these key points in mind when considering an FBA:
Timing: Seek an FBA when you see ongoing behaviors interfering with your child's learning or social interactions.
Documentation: Record specific details about your child's behaviors, including how often they occur and what triggers them.
Team effort: Work closely with teachers, specialists and school staff throughout the FBA process.
Your rights: Learn about your legal rights under special education laws to advocate effectively for your child.
Next steps: Be ready to help establish a Behavior Intervention Plan based on the FBA findings.
Being aware of these aspects can help you navigate the FBA process more confidently and effectively support your child's needs.
How an FBA can benefit your child
An FBA offers several important advantages for children with special needs. Some prominent examples of benefits include:
Custom strategies: The assessment leads to interventions tailored to your child's unique behavioral challenges.
Better understanding: An FBA promotes clearer communication between your child, their educators and you.
Self-awareness: Your child may gain insight into their behavior patterns and learn ways to manage them.
Positive classroom experience: Addressing behavioral issues can create a more supportive learning environment.
Lifelong skills: Strategies developed through an FBA can help your child build lasting social and emotional abilities.
A thorough FBA can pave the way for more effective interventions for your child. Your active involvement in this process can be a great way to ensure that your child receives the help they need to thrive in their educational setting.]]>On Behalf of Augustin Egelsee, LLP<![CDATA[Three tips to get a reimbursement for private tutor’s fees]]>https://www.ockidslaw.com/?p=491042024-09-03T04:27:46Z2024-09-07T04:26:47Z1. Communicate your intentions to the school
In the US, special needs children have the right to receive free and appropriate public education, regardless of the severity of their condition or disability. Occasionally, a school district fails to comply with this regulation, which can bring stress and frustration to the family. In these circumstances, it is essential to speak up and demand that your child receives appropriate education tailored to their needs.
Consequently, if the school district cannot issue necessary accommodations, your child could be referred to private providers. These can include specialized education, medical assessments, room and board, and transportation, on a case-by-case basis. Additionally, the school district could be financially responsible for these services. You should communicate your dissatisfaction with the school and notify them of your intention to use this option.
2. Review the requirements
Not all special needs children are eligible to receive private education paid by the school district. Before hiring a tutor, ensure your child meets all the requirements. First, consider that a school district must only absorb economic responsibility for private services if it cannot provide them.
In summary, when parents hire a tutor or enroll their special needs child in a private school by choice, they must pay for it. However, you could be entitled to a reimbursement if you hire these services because the school district is unable to provide them. Additionally, you need to review and meet all current requirements.
3. Seek legal counseling
Understanding your child’s needs and advocating for them is a challenging task. An attorney can guide you through the process and answer your questions. Furthermore, they can create a strategy to demand free and adequate education for your child. Then, you can decide if a private tutor is an option for your family and determine whether the school district is responsible for these fees.]]>On Behalf of Augustin Egelsee, LLP<![CDATA[What you need to know before filing a due process complaint]]>https://www.ockidslaw.com/?p=493742024-09-05T04:02:18Z2024-09-05T04:02:18ZBe specific
A due process complaint is basically a written complaint against the school. Parents or guardians should send them to Office of Administrative Hearings (OAH) and forward a copy to their child’s school.
Below are the five key pieces of information included in every due process complaint:
Name of your child
Home address of your child
Name of your child’s school
Factual description of the disputes, disagreements or problems your child faces
Recommended solution
What the OAH tells parents to do
The OAH advises parents to be specific in wording the problems. Give a straightforward list of issues or disagreements you may have with the school or school district, clearly indicating the areas where you disagree with.
When filing your due process request, also make sure to include everything you want to resolve — hearings generally do not discuss any problem or disagreement not mentioned in your complaint.
Deadlines you need to know
Parents must file the due process complaint within two years of learning about the issue or issues. Other relevant deadlines or time limits to keep in mind are:
Resolution session with the school: Within 15 days of receiving the complaint
Reaching a resolution agreement: Within 30 days of receiving your complaint
Conducting a due process hearing and reaching a decision: Within 45 days after the resolution period
Filing an appeal in state or federal court: Within 90 days after the release of the due process decision
Advocating for your child’s educational needs
Special education law can be challenging to navigate. Consulting law professionals may help you arrange for the individual educational program your child deserves to grow and make meaningful progress in school.]]>On Behalf of Augustin Egelsee, LLP<![CDATA[How does the least restrictive environment (LRE) requirement help ensure an inclusive education for children?]]>https://www.ockidslaw.com/?p=490982024-11-08T18:40:20Z2024-08-19T10:59:50ZFactors considered
As each child’s IEP looks different, so could their LRE. A LRE should help the student engage more in school. It should also help them progress in the general education curriculum and individual goals. An IEP team decides on educational placement by considering factors such as:
Individualization: Considering parent preferences and the student’s unique needs and goals
Student benefits: Examining potential academic, behavioral and emotional gains for the student
Impact on peers: Assessing how the student’s presence affects classmates’ learning
Appropriateness and inclusion: Ensuring the student receives appropriate education while progressing alongside nondisabled peers
Supplementary aids and services: Understanding and providing specific accommodations and services to assist learning
IEP teams should not base a student’s LRE on a specific disability category. Teachers, school administrators and specialists who create IEPs must consider all these factors. However, the parent’s involvement is crucial for meeting the child’s needs.
If you have concerns regarding your child's IEP, consulting with an experienced special education law attorney is often very helpful. They can help protect your child’s rights and ensure that their voice is heard.]]>On Behalf of Augustin Egelsee, LLP<![CDATA[Parents’ rights you should know to safeguard your child’s IEP]]>https://www.ockidslaw.com/?p=490942024-08-15T15:41:35Z2024-08-06T05:01:40Zthe rights of parents of students with disabilities in the Individuals with Disabilities Education Act (IDEA). Also known as “procedural safeguards,” these rights encourage parents to engage in their child’s Individualized Education Program (IEP).
The IDEA entitles you to numerous parental rights, including the rights to:
Participate: You can request special education services for your child, join in their IEP development and be advised of alternate programs and other options.
Give or deny consent: The district must receive consent in writing before assessing your child and providing special education services.
Access education records: You can inspect, review and obtain copies of your child’s education records.
Receive independent educational assessments (IEE): If you disagree with the school district’s assessment, you can request an IEE at public expense.
Request a hearing regarding IEP disagreements: You can file a complaint and demand a due process hearing about your child's free appropriate public education (FAPE).
File a complaint against the school district: You can file a complaint with the state Department of Education if you believe the school district violated a law. The department should investigate and report its findings within 60 days.
Getting an IEP for your child can be complex. Ensuring that the school district follows regulations can also be complicated. Proper representation is critical when you’re at odds with school officials. A special education law attorney’s support can help you ensure your child's voice is heard.]]>On Behalf of Augustin Egelsee, LLP<![CDATA[How to prepare for the first IEP meeting]]>https://www.ockidslaw.com/?p=490882024-07-23T15:57:30Z2024-07-19T04:37:02ZRight to meaningful educational progress
Following the Individuals with Disabilities Education Act (IDEA), California law guarantees certain rights for parents of children with disabilities, which can include:
Free Appropriate Public Education (FAPE): Your child has the right to a free public education tailored to their individual needs.
Prior written notice: You must receive a written notice from the school district before any IEP meeting, including the purpose, participants and your rights to bring someone with you.
Parental participation: You are an essential part of the IEP team. Your input and concerns hold weight in shaping the plan.
Procedural safeguards: You have the right to disagree with the IEP and request mediation or a due process hearing to resolve disagreements.
Knowing these key points can prove crucial before your first IEP meeting.
You are your child's strongest advocate
A key aspect to remember is that IEP meetings are often intimidating for parents. The discussions typically gear towards information about the child that parents might find difficult to hear.
So, before the meeting, request copies of your child's evaluations, previous IEPs (if applicable) and recent progress reports. Make a list of your observations about your child's strengths, challenges and how they learn best.
Setting goals is also important. Brainstorm specific, measurable goals you want your child to achieve in the coming year. And, of course, if you have questions about the IEP process, assessments and proposed services, write them down and make sure you raise them during the meeting. Having an experienced special education lawyer can help meet your child's unique educational needs.]]>On Behalf of Augustin Egelsee, LLP<![CDATA[You can determine if an IEP is helping your child]]>https://www.ockidslaw.com/?p=490872024-07-05T05:14:18Z2024-07-11T05:13:52ZReview the plan to advocate for your child
A poorly made or unfinished IEP can be detrimental to your child’s education in California. The next time you look through your child’s plan, try to assess the following:
Is it tailor-made to your child? As the name suggests, an IEP should be individualized to your child and their learning needs. It is important to study the program to ensure it is suited to your child’s abilities. Be wary of programs that may be duplicates of other children’s plans, such as errors in your child’s name and disability labels.
Can you track progress and goals? You should be able to track the progress that your child is making. You can do this by looking at their fulfillment of the plan’s goals and progress reports from the school. Furthermore, the IEP goals should be measurable and feasibly achieved depending on their abilities.
Are the objectives aligned? You and your child’s school should be on the same page when it comes to how a program fits your child’s needs and how they progress through an IEP.
An IEP tailored to your child is crucial to their learning and development. It is possible for you to advocate for them by making sure that the education that they receive is beneficial to them.]]>