Augustin Egelsee, LLP Augustin Egelsee, LLP 2026-10-09T19:44:39Z https://www.ockidslaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1504262/2020/03/cropped-favicon-32x32.jpg On Behalf of Augustin Egelsee, L.L.P. <![CDATA[Can parents recover attorney fees after a due process hearing?]]> https://www.ockidslaw.com/?p=49556 2026-10-09T19:44:39Z 2026-10-09T19:44:39Z Meeting the prevailing-party standard A favorable decision is important, but it does not automatically require the school district to pay your legal costs. Federal law permits a reasonable fee award only if you are the prevailing party. Generally, that means you obtained enforceable relief that materially changed the district’s obligations to your child. The hearing officer cannot order the district to cover your attorney fees. After the administrative process ends, the parties may agree on payment; otherwise, you must ask a state or federal court to decide whether to award fees and what amount is reasonable.

Limiting recoverable fees

A written settlement offer can limit the fees you recover even after you win. Three conditions trigger the restriction: the district presents it more than 10 days before the hearing, you do not accept it within 10 days and the relief you obtain is no better than its terms. Fees for work performed after the offer are then unavailable unless you were substantially justified in rejecting it. A court must also reduce the award if you or your attorney needlessly prolonged the case. Other grounds include an hourly rate far above the local market for similar work, excessive billed time or a due process complaint that omits required information. These reductions do not apply when the district itself unreasonably delayed the final resolution or violated federal procedural safeguards.

Calculating a reasonable award

To set the starting amount, the court multiplies the hours your attorney reasonably spent on the case by the prevailing local rate for similar legal work. From there, the judge looks at how much you achieved and whether any claims you lost were distinct from the ones you won. Partial success does not produce an automatic reduction based on the number of claims you won or lost. When those matters are closely related and you secure substantial relief, the court can still award fees for all reasonable hours. A more limited outcome, by contrast, can support a smaller total.

Pursuing payment through court

To pursue payment after the hearing, you generally file a separate civil action in state or federal court. That case asks the judge to decide whether you prevailed and which fees the district should pay. The hearing decision supports your claim by identifying the issues you won and the relief you obtained. Detailed billing records and supporting documents then help the court evaluate your request.]]> On Behalf of Augustin Egelsee, L.L.P. <![CDATA[Filing an OAH special education complaint in Southern California: Timelines, steps and what to expect]]> https://www.ockidslaw.com/?p=49554 2026-10-09T19:43:49Z 2026-09-30T19:43:35Z When your child does not receive the special education services they need, you may wonder what you can do next. California gives parents several ways to challenge a school district’s decisions. One option is filing a due process complaint with the California Office of Administrative Hearings (OAH). The OAH process applies across California. It can address disputes about your child’s evaluation, school placement or special education services.

When might an OAH complaint apply?

An OAH due process complaint may apply when you and your child’s school district disagree about special education rights or services. This includes:
  • Eligibility disagreements: The district refuses to find your child eligible for special education or disputes the child’s eligibility.
  • Placement disputes: The district proposes or refuses to change your child’s school placement.
  • Evaluation disputes: The district refuses your request for an evaluation, or you disagree with an evaluation the district proposes.
  • FAPE concerns: You and the district disagree about whether your child receives a Free Appropriate Public Education (FAPE).
  • Disciplinary appeals: You challenge a decision about your child’s behavior or a disciplinary change in placement.
An OAH complaint may give you a formal way to address a dispute when you and the school district cannot reach an agreement.

What information should your complaint include?

Federal law sets rules for what a due process complaint must contain. Your written complaint generally should identify your child and the school, explain what happened and state what you want the school district to do. This includes:
  • Party details: Give your child’s name, address or contact information and the school or agency’s name.
  • Dispute details: Explain what happened and why you disagree with the district.
  • Requested resolution: State what you want the district to do to resolve the problem.
Clear, specific facts can help OAH and the school district understand the issues you want to address.

What deadlines and steps apply?

Under federal law, you generally must file a due process complaint within two years after you knew or should have known about the problem. After the district receives your complaint, it generally has 15 days to hold a resolution meeting. You and the district may agree to mediation instead or agree to skip the meeting. The resolution period generally lasts 30 days. You may also ask for mediation to try to settle the dispute. If the dispute remains, an OAH hearing may follow. At the hearing, an administrative law judge reviews the evidence and hears arguments from both sides before issuing a decision. A final decision generally must come within 45 days after the resolution period ends, unless the judge grants an extension.

Keep your child’s rights in focus

An OAH complaint involves important deadlines and specific requirements. Gathering your child’s records and clearly explaining the special education issues may help you prepare. Because each case differs, consider getting legal advice about your child’s special education rights before filing.]]> On Behalf of Augustin Egelsee, L.L.P. <![CDATA[What happens at a special education resolution session in California?]]> https://www.ockidslaw.com/?p=49553 2026-08-31T11:18:05Z 2026-09-03T11:16:28Z Filing a due process complaint against your district can feel daunting. You may dread negotiating with administrators before you understand the procedure. California requires a resolution session first, and its requirements are more predictable than most parents anticipate. 

Why the resolution session matters

The session offers both parties an opportunity to settle before formal adjudication. Hearings can extend over months and involve evidence, testimony and legal argument. An earlier agreement may secure services for your child sooner. It may also reduce the financial and emotional burden on your household. 

The timeline California sets

The district must hold the meeting within 15 calendar days of receiving your complaint. You and the district then have 30 days from the filing date to reach an agreement. The state rules for these meetings appear in California Education Code § 56501.5. You can waive the session in writing if both sides agree. You can also choose mediation instead.

Who attends the meeting

The people in the room usually fall into a few groups. Here are groups one may encounter:
  • Parents and guardians: You and anyone holding educational rights.
  • Advocates: Support people you invite, such as a service provider.
  • District staff: The special education director and IEP team members.
  • Attorneys: The district usually brings one if you bring one.
Expect the district to send staff who can answer questions about your complaint.

How the meeting runs

You articulate your concerns and the remedies you want for your child. The district asks questions and may propose a compromise. The proceeding resembles a structured negotiation rather than a trial. Statements may remain admissible later unless both sides establish confidentiality in writing. 

Possible outcomes

A signed agreement becomes binding after a three-day grace period. Either side can void it during that window. Without an agreement, your case moves to a due process hearing. An administrative law judge with the Office of Administrative Hearings decides it.

What this means for your family

A resolution session puts you and the district in one room within 15 calendar days. You raise your concerns. Both sides look for an agreement inside the 30-day window. Knowing what to expect in the wider special education process can help you walk in prepared rather than guessing. If your case becomes more complicated, an attorney can help you understand your options.]]> On Behalf of Augustin Egelsee, L.L.P. <![CDATA[New laws strengthen California special education protections]]> https://www.ockidslaw.com/?p=49535 2025-12-04T18:01:54Z 2025-12-04T18:01:54Z California 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=49531 2025-07-23T05:47:02Z 2025-07-23T05:47:02Z Your 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=49426 2025-01-29T14:05:13Z 2025-01-29T14:05:13Z Defunding 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=49373 2024-09-16T07:26:46Z 2024-09-16T07:26:46Z Parenting 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=49104 2024-09-03T04:27:46Z 2024-09-07T04:26:47Z 1. 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=49374 2024-09-05T04:02:18Z 2024-09-05T04:02:18Z Be 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=49098 2024-11-08T18:40:20Z 2024-08-19T10:59:50Z Factors 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.]]>