The Individuals With Disabilities Education Act (IDEA) In California
Education for all students with disabilities is determined by assessing their unique needs on an individual basis and meeting those needs in the least restrictive environment (LRE). Inclusion in the general education classroom setting can be the appropriate choice, but the school district may deny your child’s legal right to attend public school within the LRE. When this happens, you need the help of experienced educational law attorneys.
At Augustin Egelsee, LLP, we are Danielle Augustin and Edwin Egelsee, dedicated attorneys for children. With more than 50 years of combined professional experience and significant personal experience in the challenges of educational law for kids, we’re ready to help you and your family take the next step. We can evaluate your child’s circumstances and the available services to determine an effective strategy to get your child the free, appropriate public education (FAPE) he or she is entitled to.
Mandates Of The IDEA
The IDEA mandates that a student must be given a FAPE in the LRE. This means a student with disabilities should be educated with other students who are nondisabled as much as possible. A student should not be taken out of the general education classroom unless the disability is so severe that, even with services and supports, he or she cannot learn in the general education classroom.
Although there are no general formulas on deciding what a student’s LRE would be, federal courts have defined several factors to be used as general guidelines to consider when making placement decisions. The first is to compare the benefits a student with disabilities will receive in the general education classroom, with supports and services, compared to the benefits he or she will receive in a more restrictive setting. The IEP team should also consider the nonacademic benefits of interaction with students who do not have disabilities, such as social skills and modeling appropriate behaviors.
Considering Effects On Others In The Classroom
Not only is the student with the disability to be considered in the placement decision, the effect of the student with a disability’s presence on the teacher and the other children in the classroom, as well as the cost of mainstreaming, can also be factored in.
Even if a student with a disability cannot be placed in the regular classroom full time – the school district must make sure that he or she is mainstreamed as much as possible. This includes extracurricular activities such as field trips, school assemblies, lunchtimes and physical education.
As with all elements of a child’s education, the individualized education program (IEP) team makes the decision to place a child. Parents are crucial members of the IEP team. This decision must be made giving great weight to a child’s unique needs and considering placement options within the LRE. Each decision should be made on an individual basis and take into consideration the unique needs of the child.
Making The Connection
Contact Orange County special education attorneys using our intake for or by calling Augustin Egelsee, at 714-602-1498 or 866-781-7723. We can discuss your circumstances, explain your rights and set you and your family in the right direction.
We provide effective and efficient legal representation with the goal of improving the lives of the children we represent.
The Benefits Of An Individualized Education Program
The individualized education program (IEP) document ideally is developed as a collaborative and cooperative effort between parents and school personnel. This guiding document describes a student’s abilities and needs, and prescribes the placement and services designed to meet those unique needs. But IEPs are often challenged, ignored or have roadblocks to secure, which is why you need a
At Augustin Egelsee, LLP, in Anaheim Hills, we are attorneys who focus exclusively on special education law. Clients come to us from across the areas because we have built a reputation for care and compassion in the face of these highly challenging issues. Our over 50 years of combined experience mean we can provide guidance and insight regarding your child’s special education rights.
We Are Here To Help With The IEP Process
For parents new to the IEP process, it can be confusing and overwhelming. You may not be aware of your child’s right to a FAPE and what supports and services they are entitled to. It can be invaluable to have a knowledgeable lawyer by your side, advocating for the well-being of your child.
We have reviewed thousands of IEPs, assessments and other educational documents. We use that knowledge to help families overcome the obstacles that children and families encounter. We are determined to advocate for you and your child to ensure that the most appropriate plan is in place.
Meet With A Skilled Legal Advocate
With experience and compassion, our team at Augustin Egelsee, LLP, in Anaheim Hills, has been a longtime legal advocate for families that have children with special needs in California. When you need guidance regarding your child’s IEP, we are ready to help. Please contact us by email or call 714-602-1498.