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Special Education Law

Augustin Egelsee, LLP – Legal Advocates For California Special Needs Students

The attorneys at Augustin Egelsee, LLP have more than 30 years of combined experience helping parents obtain the services and programs their children are legally entitled to receive. Members of our firm are parents of special needs children and have extensive experience advocating for appropriate special needs programs. This gives us a unique understanding of the issues and challenges parents may be facing.

As California special education law and juvenile justice attorneys, the firm has focused their practice on fighting for the rights of children who are not receiving the appropriate education they are entitled to receive from various school districts and educational institutions in California.

Please Contact our office if you think you may need our legal services.  We are passionate about helping families understand their rights and will do what we can to set you and your family in the right direction, based on your child’s unique circumstances.  Our team of professionals is ready, willing, and able to discuss your concerns and assist in determining what our office might be able to do to assist you.  Our firm is dedicated to helping students receive an appropriate education in compliance with California and Federal law.  Hablamos Español!

Our areas of practice include:

  • Special Education Law – Compliance with the Individuals with Disabilities Education Act (IDEA), individual education program (IEP) meetings, resolution sessions, mediations, due process hearings, appellate advocacy and 504 meetings.

Many children with academic or discipline struggles may actually have an undiagnosed disability. Special education, in its many manifestations, exists to provide children with disabilities the specific type of attention and instruction that they require. For all special education provisions, there are legal procedures that must be carefully followed. Federal law mandates that public schools must offer an education that meets the specific needs of children with disabilities. Depending on the child, it may also be necessary to place the child in a special education school such as a Nonpublic School (NPS).

  • General Education Law – such as expulsions

There are many procedural safeguards that must be followed to expel or suspend a student. Anything less than full compliance with these regulations could constitute a violation of the child’s rights. It should be noted, however, there are short timelines for contesting disciplinary matters.  If you suspect your child has been unfairly suspended or expelled, you should contact a law office who is specialized in this area as soon as possible.  We here at Augustin Egelsee, LLP would be happy to assist you in this area.

Hot topics:

  • Eligibility criteria
  • Individualized Education Program (IEP) – Schools must develop an IEP for each disabled student based on the child’s ability and the skills needed to reach appropriate goals. We understand the mandatory components of this document and enforce compliance.
  • Related Services – These services are provided after a child qualifies for an IEP. We understand which services are available to children, and we will fight to ensure your child receives appropriate supports and services
  • Continuum of placement options-this requirement ensures that a continuum of alternative placements (including instruction in regular classes, special education classes, Nonpublic schools, home instruction, and instruction in hospitals and institutions), is available to meet the needs of children with disabilities for special education and related services.
  • Least Restrictive Environment (LRE) – The IDEA mandates that your child will not be isolated from non-disabled students to the maximum extent appropriate. We understand IDEA guidelines and will work to correct inappropriate or insufficient educational programs.
  • Unilateral placement/reimbursement-school districts must offer and provide a free appropriate public education (FAPE) and may be required to reimburse the costs you incur to educate your child if they fail to provide your child a FAPE.
  • Manifestation determination IEP meetings – This review is triggered by disciplinary action. We thoroughly evaluate the circumstances to discover whether the behavior is due to a disability, and/or the school’s lack of compliance with the IEP.
  • Behavior Intervention Plans – These plans detail the actions that will be taken to address and improve a child’s behavior. We confirm that Functional Behavior Assessments (FBA) are conducted appropriately and check for compliance with behavior intervention plans.
  • Independent Educational Evaluations (IEE) – This assessment of the child is conducted by a non-school district evaluator and is designed to determine matters such as whether the IEP is appropriate. Your child may be entitled to an IEE if the school district failed to conduct an appropriate assessment.

The attorneys at Augustin Egelsee, LLP are committed to providing legal advice to our clients and consider every child’s case to be unique. Special education law is complex; you may have many more questions that have not been addressed here. Please contact the law office of Augustin Egelsee, LLP.