Areas of
Practice
Special Education Eligibility
Individualized Education Program
Federal
Appeals
Appeals
504
Accommodations
Accommodations
Due
Process
Process
Special Education Eligibility
In 1975, Congress passed the Individuals with Disabilities Education Act (IDEA) which ensures that all children with disabilities have access to a free, special education which suits their individual needs. IDEA outlines the process of evaluation, review and special education eligibility requirements mandated for use in all schools. In order to achieve special education eligibility, the children must first officially qualify as having special needs. In order to qualify, a child must be “adversely affected” by a disability in one of the predetermined 13 established under IDEA. If a child is suspected of having a disability, their school or parents may request an evaluation.
Individualized Education Program
Knowing whether your student needs an individual education plan (IEP) or 504 Plan is a critical step in your special education student’s academic endeavors and may provide your student with a better framework for success in the classroom.
Federal Appeals
In a situation where you lose all or some of your legal issues in the California Office of Administrative Hearings (OAH), you are able to appeal the OAH decision in federal court. The appeal is filed within the United States District Court, which varies depending on which district you are aligned with.
504 Accommodations
Students with a disability that immensely impacts their ability to learn may qualify for a 504 plan. Section 504 of the Rehabilitation Act of 1973 is a federal law that intercepts discrimination against children with special needs in the learning environment, whether it be on public, private, or charter school grounds. Under this arrangement, any education space that has access to federal funding MUST make the appropriate accommodations to secure the notion that all students with disabilities are provided a free public education. Simply put, a 504 plan refers to the modes and methods curated by teachers, parents, and administrators to follow this law.
Due Process
In a perfect world, parents and teachers are able to resolve issues surrounding a child’s education through conversations and open dialogue. Though, in some cases, issues concerning special education may leave parents with no option other than taking a more official route — this is where due process in special education cases comes in.
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